Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 8, line 22, to delete “by or under any enactment or rule of law for”.

Amendment No. 1 removes text that might have operated as an unintended restriction on our central authority requesting information from other member states for the purposes of criminal proceedings here. It might not always be the case that such criminal record information is legally required for criminal proceedings. I am proposing that the reference to “by or under any enactment or rule of law for” be deleted in this subsection in order that the Garda National Vetting Bureau is not unnecessarily constrained in its requesting of information from other central authorities for the purposes of criminal proceedings against a given person in this jurisdiction. This is in accordance with the provisions of the governing European framework decision. The limitation on the Garda National Vetting Bureau requesting criminal record information under ECRIS, provided for by the reference to “by or under any enactment or rule of law”, is only applicable in the context of specific purposes other than criminal proceedings that are set out in Schedule 3 to this Bill.

Amendments Nos. 2 and 3 are consequential amendments to the removal of text in amendment No. 1 in order that the text of the subsection, following this removal, reads appropriately.