Seanad debates

Wednesday, 14 May 2003

Criminal Justice (Joint Investigation Teams) Bill 2003: Second Stage.

 

Section 7(7), (8) and (9) provide for one of the more innovative aspects of the Bill in that where investigative measures are required by a joint investigation team in one of the member states involved in the team, seconded members can request their own national authorities to take such measures. This means it will not be necessary for the member state of operation to submit a formal request for mutual assistance to another member state. The relevant measures sought will be considered in the member state in question in accordance with the conditions which would apply had the measures been sought in a national investigation. In order to give effect to this, subsection (7) provides that evidence which is obtained directly by a seconded member operating in the State from his or her competent authority of appointment will be considered as if it had been obtained on foot of a mutual assistance request made under section 52 of the Criminal Justice Act 1994. Provision is also made in subsections (8) and (9) for a member of the Garda Síochána who is operating as a seconded member in another member state to make a request, on behalf of the team, for mutual assistance under section 51 of the Criminal Justice Act 1994 or for a search warrant authorising entry, search and seizure under section 55(4) of the Criminal Justice Act 1994.

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