Mr. Jimmy Martin:

It was a very intensive process. First, we went through every single EU instrument in the area of justice and home affairs - there were 700 different instruments - to see how they would be affected. There was a series of meetings with An Garda Síochána, the Director of Public Prosecutions, the Courts Service, the Prison Service and the Probation Service to see how they would be affected. Separately, we were in contact with the European Commission for its recommendations on issues that needed to be addressed. We have also been in contact with the Home Office on the issues it felt needed to be addressed.

What is in the legislation is matters that require primary legislation. There are several areas that do not require primary legislation. One of the biggest asks of the Garda related to its communications and data exchange with the PSNI. It exchanges about 60,000 to 70,000 pieces of information annually with UK law enforcement agencies, and the PSNI in particular. One of the effects of Brexit will be that the UK will become a third country for the purposes of data protection. There was great concern that we dealt with the data protection implications for information exchange. In consultation with those services and the Office of the Attorney General, we examined how this might be done in the context of the law enforcement directive on data protection.

We have consulted on the issue with the Garda Síochána, the Attorney General's office, the Director of Public Prosecutions and other services in this area. It can be done within the context of the EU instruments. It does not require primary legislation. The list of things that must be done in light of the many areas affected is long and it could take us the whole day to get through them all. We have tried to focus on the areas most substantively and instantaneously affected, such as extradition, the common travel area and data exchange for the purposes of police-to-police activity and for the purposes of running the common travel area. Within all of these areas, we have taken into account all of the services involved. The UK and the PSNI have set out what they regard as their priorities and we are able to match them. The Commission has also set out what areas member states should focus on as a priority for contingency preparedness. All of the work involves all of these areas coming together. Having gone through the exercise, there are only two areas that require primary legislation.

I should say there are certain things we cannot do. For example, the big ask of the UK in the police co-operation area was continued access to the Europol information system and the Schengen information system but as they are European IT systems, it is a matter for Europe to make that decision. There are areas that are outside of our competence. Within our competence, two areas are being addressed in the context of this legislation but secondary legislation and administrative arrangements will have to be made to cover all other areas.