Dáil debates

Wednesday, 12 July 2023

Criminal Justice (Miscellaneous Provisions) Bill 2022: From the Seanad

 

3:37 pm

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

Amendments Nos. 1, 6, 18 and 32 provide a mechanism for Ireland's co-operation with the European Public Prosecutor's Office, EPPO. It is an independent EU body with responsibility for investigating and prosecuting crimes against the financial interests of the EU and participating member states. It commenced its operations in 2021.

While Ireland has not opted in to date, we have been clear that we fully support and wish to co-operate with EPPO. Legal difficulties arise in using existing international mutual legal assistance agreements as a basis for EPPO co-operation. Ireland has argued for the creation of an EU legal instrument to facilitate this but, in the absence of such an instrument, the Office of the Attorney General has advised changes to domestic legislation are required to allow requests for co-operation to be made directly by EPPO on a unilateral basis. These amendments, in essence, give effect to those changes.

The approach taken is to amend the Criminal Justice (Mutual Assistance) Act 2008. A new Part 7B is being inserted. This makes general provision for co-operation with EPPO and then specifies, section by section, the modifications that will apply when dealing with EPPO requests. While specific technical provision is required for EPPO in respect of particular categories of requests, broadly such requests will be treated in the same way as if made by the relevant national authorities of member states.

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