Criminal Justice (Mutual Assistance) Act 2008

95A

F157[Eurojust national member

95A. F158[(1)] The Minister may, in accordance with the F159[2018 Regulation], designate an authority or authorities as the Eurojust national member who may transmit and receive information in accordance with F159[that Regulation].]

F158[(2) The following persons or bodies shall, upon the request of the Eurojust national member, grant the member access to, or provide the member with the information contained in, the register or registers specified in paragraphs (a) to (k) in respect of the person or body concerned, in accordance with Article 9 of the 2018 Regulation, where such access or information is necessary for the performance by the member of the members functions:

(a) the Commissioner of the Garda Síochána, in respect of registers held by the Garda Síochána relating to investigations, arrested persons and criminal records, including the Criminal Records Database and the database commonly known as PULSE;

(b) Forensic Science Ireland of the Department of Justice and Equality, in respect of the DNA Database System;

(c) the Director of Public Prosecutions, in respect of the case management system of the Office of the Director of Public Prosecutions;

(d) the Courts Service, in respect of court records;

(e) the Revenue Commissioners, in respect of the case management system of the Commissioners;

(f) the Criminal Assets Bureau, in respect of the case management system of the Bureau;

(g) the Central Authority, in respect of the case management system of the Authority;

(h) the Central Authority in the State (within the meaning of section 3(1C) of the Extradition Act 1965), in respect of the case management system of the Authority;

(i) the Garda Síochána Ombudsman Commission, in respect of the case management system of the Commission;

(j) the Director of Corporate Enforcement, in respect of the case management system of the Office of the Director of Corporate Enforcement;

(k) any other public authority, in respect of a register held by the authority.

(3) Section 31 of the Garda Síochána Act 2005 shall apply to the function of the Commissioner of the Garda Síochána under subsection (2)(a) and a reference in that section to a function under that Act or under a provision of that Act shall be construed as including a reference to the function of the Commissioner under subsection (2)(a).

(4) Subsection (2) is without prejudice to an obligation or power to provide or request information under any other enactment or rule of law.

(5) In this section

"Criminal Records Database" means the database maintained by the Garda Síochána that contains a record of convictions;

"public authority" means

(a) a person or body established

(i) by or under any enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act) or charter,

(ii) by any scheme administered by a Minister of the Government, or

(iii) under the Companies Act 2014, or a former enactment relating to companies within the meaning of section 5 of that Act, in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

or

(b) a company (within the meaning of Companies Act 2014), a majority of the shares in which are held by or on behalf of a Minister of the Government;

"register" has the meaning it has in the 2018 Regulation.]

Annotations

Amendments:

F157

Inserted (1.02.2016) by Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2016), s. 32, S.I. No. 11 of 2016.

F158

Inserted (12.12.2019) by European Union (Eurojust) Regulations 2019 (S.I. No. 637 of 2019), reg. 6(a), (c), in effect as per reg. 1(2).

F159

Substituted (12.12.2019) by European Union (Eurojust) Regulations 2019 (S.I. No. 637 of 2019), reg. 6(b), in effect as per reg. 1(2).

Editorial Notes:

E28

The section heading is taken from the amending section in the absence of one included in the amendment.