Written answers

Tuesday, 17 November 2020

Department of Justice and Equality

Legislative Measures

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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673. To ask the Tánaiste and Minister for Justice and Equality if the Criminal Justice (International Co-Operation) Act 2019, which allows for a structured mechanism to facilitate bodies dealing with legacy as set out in the Stormont House Agreement, will provide information to the Irish State authorities. [36824/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Criminal Justice (International Co-Operation) Act 2019 provides a mechanism through which An Garda Síochána can give testimony to Coroners in Northern Ireland and Britain dealing with legacy cases. It also provides a structured mechanism to enhance co-operation more generally with bodies dealing with deaths related to the troubles, including those arising in the context of the Stormont House Agreement.

Prior to the enactment of the Criminal Justice (International Co-operation) Act 2019, existing legislation allowed An Garda Síochána to make available Garda records to Coroners in Northern Ireland. There was however no legal mechanism to facilitate the taking of Garda witness testimony. Given the Government’s absolute commitment to the peace process and addressing the legacy of the troubles, a decision was taken to also legislate for the giving of Garda testimony.

The Act does not, and could not, impose obligations on bodies outside this jurisdiction to co-operate with Irish State authorities.  

The Deputy may wish to note that there are mutual assistance arrangements that allow the transfer of information to the Garda authorities from their law enforcement counterparts in other jurisdictions.

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