Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am pleased to present the Bill to the House, the purpose of which is to provide for the exchange of criminal record information between Ireland and other EU member states.

The Bill will transpose two EU instruments, namely, Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from the criminal record between member states, and its implementing Council Decision 2009/316/JHA on the establishment of the European criminal records information system, ECRIS, in application of Article 11 of the framework decision, which provides for the format and other ways of organising and facilitating exchanges of information on convictions. These EU instruments provide for this information exchange between member states. Having regard to the free movement across borders, there is very significant benefit to have a system allowing the reliable exchange of criminal records information between member states.

Every effort must be made to ensure an effective European response to criminal activities, in particular serious cross-border crime and terrorism. The European Agenda on Security highlights the need to maximise EU measures on information exchange and operational co-operation. The rapid and efficient exchange between competent member state central authorities of information extracted from criminal records is important if we are to avoid individuals escaping justice.

The need resulted in the agreement at EU level of these two EU instruments to establish ECRIS. The system allows for the transfer of criminal record information between member states for use in criminal investigations and proceedings, and for other relevant proceedings and matters where the sharing of information is necessary. It also creates a specific obligation on each member state to inform those other member states when their citizens are convicted of criminal offences.

Currently, the National Vetting Bureau, which exchanges information, carries out four main tasks within this framework. They are, first, the submission of requests to central authorities in other member states for extracts from their national criminal record in respect of nationals of the member state concerned. Second, the bureau responds to requests from the central authorities in other member states for extracts from Ireland's criminal records database in respect of Irish nationals. Third, the bureau receives, stores and updates where necessary Ireland's criminal records database with appropriate information received from central authorities in other member states in respect of Irish nationals convicted in those other member states. Fourth, our central authority transmits information, and any necessary updates, in respect of criminal convictions imposed in Ireland on all nationals of other EU member states to the central authority of the member state of the convicted person.

Ireland's Data Protection Act 2018 has given effect to the general data protection regulation, GDPR, and transposed the law enforcement directive.The material impact of this new data protection regime on our careful transposition of the ECRIS framework decision and Council decision has been considerable. This Bill has been subject to extensive and detailed consultation with the Office of the Attorney General and the European Commission over the past 12 to 18 months.

Turning to the specifics of the Bill, section 1 is a standard provision defining words and phrases used in the Act. Section 2 provides for the designation of a central authority, as required by the framework decision. The Garda Commissioner is the designated central authority. Section 3 provides for the recording, when available, of the nationality or nationalities of EU nationals who are convicted of an offence. Section 4 provides that the Irish central authority, when available, must transmit criminal record information to the relevant central authority in the member state of a person's nationality. Section 5 provides for the storage of information. Section 6 provides for the circumstances in which the Irish central authority may, and in some cases, must request information on convictions from other central authorities. Section 7 provides for the responses to requests from other central authorities and related categories of information that can be transmitted in respect of a person who is a national of the State. Section 8 provides for the responses to requests from other central authorities and the related categories of information that can be transmitted to other central authorities in respect of a person who is not a national of the State. Section 9 deals with the deadlines to respond to requests for information. Section 10 provides for the electronic transfer of information. Section 11 provides for safeguards on how and when personal data is received, transmitted and can be used. Section 12 provides that when the Irish central authority receives a request for information on an Irish national from a country other than an EU member state, the Irish central authority can only provide information subject to limitations outlined in section 7. Section 13 provides that the Bill does not affect any obligation or power to provide or request information under any other law. Sections 14 and 15 are standard. Schedule 1 includes the full text of the relevant framework decision. Schedule 2 lists the information that can be provided on request. Schedule 3 lists other purposes in addition to that of criminal proceedings for which information can be exchanged. Schedule 4 includes the full text of the implementing Council decision.

Members may be aware that Ireland is required to inform the Commission of the measures we have taken to facilitate transposition. I am confident that I will have the support of the House in this regard. The Bill is not only a priority due to the position the Commission has now taken but because its future development is part of a package of measures to enhance law enforcement and judicial co-operation across the EU. Accordingly, I am pleased to present and commend this Bill to the House. I very much hope we can progress matters this afternoon towards enactment.