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Minister McEntee and Minister Browne receive Cabinet approval to draft legislation allowing Gardaí swift access to digital criminal evidence.
- Proposed legislation will allow Ireland to fulfil commitments under Budapest Convention, EU E-evidence Regulation and EU Terrorist Content Online Regulation
- Modernised legislative basis for Gardaí to seize potential digital evidence, subject to privacy safeguards
Minister for Justice Mrs Helen McEntee and Minister of State Mr James Browne have secured Government approval for the drafting of new legislation which will permit Gardaí to swiftly access criminal evidence in digital form.
Government have today approved the General Scheme of the Criminal Justice (Protection, Preservation and Access to Data on Information Systems) Bill 2024, which will allow law enforcement authorities, like An Garda Síochána, to request the preservation and production of data being held on IT systems controlled by internet service providers, in order to investigate and tackle crime. The General Scheme will now be referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny.
Making the point that “preservation and production orders” provide a modern law enforcement tool more suitable for obtaining digital evidence than traditional search and seizure measures, Minister McEntee said: “The Criminal Justice (Protection, Preservation and Access to Data on Information Systems) Bill 2024 will mark a significant step forward in tackling crime that operates in the online space. Traditional search and seize legislation was drafted to target physical spaces and objects. It pre-dates the technological evolution seen in recent years where much of human, and in turn criminal, activity is taking place in the virtual space and with the footprints of this activity accessible often only on private cloud infrastructures.
The measures in the Bill provide comprehensive, modern tools for law enforcement agencies like An Garda Siochana to access online evidence easily and efficiently while ensuring individuals’ privacy rights are respected. The Bill will also be a key element of the Government’s vision for a modern, cohesive and well – resourced regulatory system for the digital economy”.
The proposed legislation will give effect to a range of measures contained in international agreements Ireland is party to, all relating to tackling crime with an online element. These include the Council of Europe Budapest Convention on Cybercrime, the EU E-evidence Regulation [(EU) 2023/1543] and the EU Terrorist Content Online Regulation [(EU) 2021/784].
Giving reassurance that the measures proposed will be subject to the necessary privacy safeguards including judicial authorisation, Minister James Browne said: “I am very pleased that the Government has supported the general approach to the preparation of this important legislation which will ensure An Garda Síochána has the requisite tools to police in the digital age.
Ireland is uniquely positioned as the EU base of a significant number of internet service providers. This means that we have a key role in terms of our enforcement of EU measures aimed at tackling crime and terrorism that online services can facilitate. This Bill displays our commitment to implementing these measures and cooperating with authorities throughout the EU in pursuit of those aims. It will also ensure we continue to meet our international obligations and support the goal of Ireland being a centre of regulatory excellence for the digital economy, which is a key Government objective”.
The proposed Bill will expand on the State’s current domestic production/preservation order regime to cover a broader range of data categories and will contain appropriate jurisdictional provisions to deal with material held in the Cloud.
It also provides measures to help facilitate the EU-wide system envisioned by the aforementioned E-evidence Regulation, whereby Irish authorities can request data controlled by internet service providers based in other EU states and authorities in other EU states can do the same with respect to data controlled by Irish-based service providers.
The scheme will designate District Court judges as the Irish issuing authority for outgoing Irish orders.
The legislation will also give Coimisiún na Meán powers to sanction service providers for non-compliance with the EU Terrorist Content Online Regulation, which provides an EU wide mechanism for the rapid removal of online terrorist content.
  
Mr Michael Crotty, with an address at Slí Aonghusa, Áras na Rí, Cashel, Co Tipperary, has pleaded guilty to a charge at the Special Criminal Court Dublin.
Mr Crotty had initially pleaded not guilty to helping the Kinahan organised crime group shoot dead Mr Noel Kirwan, latter a father of four in driveway of his home at St Ronan’s Drive, Clondalkin, Dublin just three days before Christmas, in 2016.
The 42-year-old Mr Crotty has now admitted to facilitating the buying a mobile top-up for Mr Sean McGovern, latter a leading member of the aforementioned international crime gang. The latter Mr McGovern, a significant figure within the Kinahan criminal organisation, is understood to be currently residing in Dubai.
The court heard that Mr Kirwan who had absolutely no involvement in criminality, was mistakenly thought to have been connected to the murder of Mr David Byrne, at the Regency Hotel in February 2016. A tracker device had been placed on Mr Kirwan’s motor vehicle, which was being monitored from an apartment in the Beacon South Quarter, Sandyford, Dublin 18.
Three unregistered prepaid mobile phones are understood to have been used during the murder of Mr Kirwan.
Mr Declan Brady (known as “Mr Nobody” who already pleaded guilty in the Special Criminal Court to possessing nine revolvers, four semi-automatic pistols, a sub-machine gun, an assault rifle and 1,355 rounds of ammunition, located at a unit in Greenogue Business Park, Rathcoole, County Dublin), together with Mr Martin Alymer (latter who previously pleaded guilty to procuring mobile phones, which contributed to the murder of Mr Kirwan in 2016, and to a similar offence in relation to the attempted murder of alleged Hutch gang lieutenant, Mr James ‘Mago’ Gately), have already pleaded guilty to their involvement in the crime.
Mr Crotty has now pleaded guilty to the new charge, under Section 72 of the Criminal Justice Act; admitting that between October 20th, 2016 and December 22nd, 2016, on both dates inclusive and within the State, with knowledge of the existence of a criminal organisation, did participate in, or contribute to, activity intending to, or being reckless as to whether such participation or contribution could facilitate the commission of a serious offence by that criminal organisation or any of its membership.
Judge Ms Caroline Biggs has now extended Mr Crotty’s bail and adjourned the case to April 22nd, next for sentencing.
Review Of Safe Countries Of Origin In Context Of International Protection To Be Announced Today.
The Minister for Justice Mrs Helen McEntee TD is expected to announce the outcome of a review of Safe Countries of Origin in the context of international protection this afternoon at 1:00pm.
A safe country of origin is defined as a country where, on the basis of the legal situation; the application of the law within a democratic system: the general political circumstances, it can be shown that there is generally and consistently no persecution; [as defined in Directive 2011/95/EU (Recast Qualification Directive)], no torture or inhuman or degrading treatment or punishment; and no threat by reason of indiscriminate violence in situations of international or internal armed conflict.
The announcement of the outcome of review of safe countries of origin, will be made at the Courtyard, Government Buildings, Merrion St. Upper, Dublin 2, [D02 R583].
Today, Saturday January 27th the United Nations General Assembly designated this date January 27th; the anniversary of the liberation of Auschwitz-Birkenau, as International Holocaust Remembrance Day, a time to remember the six million Jewish victims of the Holocaust and the millions of other victims of Nazi persecution.
The Holocaust was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe, around two-thirds of Europe’s Jewish population.
The murders were carried out primarily through mass shootings and poison gas, in extermination camps, chiefly Auschwitz-Birkenau, Treblinka, Belzec, Sobibor, and Chełmno in occupied Poland. Only a few Holocaust perpetrators faced criminal trials.
Sadly, at this present time here in Ireland and indeed world wide, we are witnessing the alarming rise of anti-Semitism. Indeed it is now more important than ever for us to recognize the critical lessons of Holocaust history, as we commemorate, today, the victims and honour those who survived.
“Collective fear stimulates herd instinct, and tends to produce ferocity toward those who are not regarded as members of the herd. Most of the greatest evils that man has inflicted upon man have come through people feeling quite certain about something which, in fact, was false.“ – Quotes by Bertrand Arthur William Russell, (British mathematician, philosopher and public intellectual).
If we want to live in a better world, we start now; by not discriminating against our fellow man any more.
- Internal governance within An Garda Síochána to be enhanced, with the establishment of a new Garda Board.
- Applications sought for Chairperson and eight ordinary board members.
The Minister for Justice Mrs Helen McEntee TD has today encouraged suitably qualified candidates to submit expressions of interest for membership of the new Garda Board.
A State Boards process to appoint a chairperson and ordinary members to the new Board has opened today. It will close at 3:00pm on Thursday February 15th next, 2024, and further details regarding the positions can be found HERE.
This new board is provided for in the ‘Policing Security and Community Safety (PSCS) Bill‘, which passed all stages of the Seanad on January 24th last. The Bill provides that the members of the Garda Board will be appointed by the Minister for Justice, from persons recommended by the Public Appointments Service as suitable, following an open selection process.
Speaking today about the establishment of the new Board, Minister McEntee stated: “The formation of this Board is a very important component of the new legislation. It will strengthen the management and internal governance of An Garda Síochána.
It will not have any role in relation to operational matters, as is the case with such boards generally. However it reflects the fact that a non-executive board is a corporate governance standard in the public and private sectors”.
The Bill has been developed based on the recommendations of the Commission on the Future of Policing in Ireland and will provide a new coherent governance and oversight framework for policing that will strengthen An Garda Síochána.
The establishment of the new Garda Board is an important element of this new framework.
The Board will be a non-executive governance board, comprised of a chairperson and eight ordinary members, with a range of important governance functions. Membership will comprise independent-minded, experienced professionals in their respective fields.
The new board, through the corporate and governance expertise and external perspective of its members, will provide practical support along with a robust, constructive challenge to the senior leadership team in An Garda Síochána.
The Minister continued: “An Garda Síochána is carrying out some of the most critical functions of the State.
This Board will support it to anticipate and respond to changes in the ways in which policing will need to be delivered in the coming decades. It will also provide assurance to the Minister of the day, in relation to internal governance and risk management and mitigation.
The Board will also support the Garda Commissioner by ensuring that the organisation has the most appropriate systems, processes and procedures in place to deliver a top class policing service in the State. It is not a however a substitute for robust external oversight of An Garda Síochána, and will in no way dilute the work of the new external oversight body to be established under the Bill – the Policing and Community Safety Authority – which will build on the good work done by the Policing Authority and the Garda Síochána Inspectorate”.
The Garda Commissioner will continue to be required to keep the Minister and the Secretary General of the Department informed of significant matters, and to account to the Minister and Government for the provision of policing and security services by An Garda Síochána.
The Minister further highlighted the importance of this new Board, which will be accountable to the Minister for its performance, and she has encouraged people with relevant experience and expertise to apply for these important roles.
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