Seanad debates
Wednesday, 14 May 2003
Criminal Justice (Joint Investigation Teams) Bill 2003: Second Stage.
Senators Terry and Maurice Hayes raised the issue of a dichotomy, as to the reason the Garda Commissioner was the competent authority in one situation and the Minister for Justice, Equality and Law Reform in the other. Where member states specify their judicial authorities rather than chiefs of police as the competent authorities for the purposes of the legislation giving effect to the framework decision, those states will not send or accept requests from the Garda Commissioner. That is the difficulty. It is for this reason that the Minister for Justice, Equality and Law Reform has also been designated as a competent authority for the purposes of the Bill. Other states may designate judicial authorities in accordance with their legislative or constitutional arrangements. If so, they will not deal with the Garda Commissioner, and someone else will have to be appointed as the relevant competent authority, namely, the Minister.
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