Written answers

Wednesday, 4 October 2006

Department of Justice, Equality and Law Reform

Criminal Records

9:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 239: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if An Garda Síochána can readily access the criminal records of non-nationals who are arrested here on criminal charges if such persons are from other EU Member States; the arrangements in place in this regard; and if these arrangements are considered to be satisfactory in relation to all such Member States. [31161/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that An Garda Síochána has no direct access to criminal records from any other country. However, where a rogatory letter is not required under the mutual legal assistance regime, arrangements are in place whereby a request for a record of a person's criminal convictions, together with a set of the person's fingerprints, is forwarded to the country involved through Interpol. The Garda Interpol Office is then supplied with certified convictions for the individual in question for court use.

I understand from the Garda authorities that co-operation from EU Member States is generally satisfactory in relation to responding to requests for records of criminal convictions. Where a rogatory letter is required under the mutual legal assistance regime, the request for a record of a person's criminal convictions is forwarded by the Central Authority for Mutual Assistance, located within my Department, to the equivalent authority in the country concerned. The reply from that authority is forwarded to An Garda Síochána through the Central Authority.

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