Jim O'Callaghan: Bill to Implement EU e-Evidence Rules

Comhairle, Deputies, Colleagues, I move that the Criminal Justice International Co-operation on Electronic Evidence and Other Matters Bill 2026 be now read a second time. Comhairle, I'm grateful for the opportunity to bring this important Bill before the House. Electronic evidence is now central to almost every criminal investigation today. While data flows globally, law enforcement authorities across Europe are often in need of foreign-held evidence for domestic cases, including data held by service providers in this jurisdiction. Electronic data is volatile and can be easily deleted, altered or moved. The emergence of cloud computing, where the exact physical location of data is often dynamic, has brought another set of jurisdictional difficulties for criminal investigations. Existing means of legal cooperation between countries, namely mutual legal assistance, are slow and complex. As a result, law enforcement and judicial authorities often experience difficulties in accessing electronic evidence relevant to an investigation, rendering prosecutions ineffective. Increasingly, law enforcement has become reliant on voluntary cooperation with service providers, but this method lacks enforcement power, fails to protect fundamental rights, and leaves it up to service providers to determine the legitimacy of requests. It is to address these deficiencies that I am introducing today the Criminal Justice, International Cooperation on Electronic Evidence and Other Matters Bill. The Bill delivers on the Programme for Government Commitment to implement the EU e-Evidence Package. That package provides a clear, legally certain and efficient process for law enforcement in one Member State to directly request electronic evidence from service providers established in another Member State whilst protecting fundamental rights. Ireland's role is central to implementation of the e-Evidence Package. It's expected that up to 600 service providers could designate their addressee in this State, and it's estimated that the number of production orders issued to those service providers will be in the hundreds of thousands annually. This has significant implications for Ireland's tech sector and criminal justice system. How we implement this framework matters well beyond our borders. Implementation will enhance Ireland's reputation as a hub for digital regulation and ensure effective and timely access to digital evidence in tackling serious crime to the benefit of all EU citizens. The EU e-Evidence Package, which this Bill seeks to implement, is comprised of two separate but interdependent legislative instruments, the e-Evidence Regulation and the e-Evidence Directive. The Regulation, which the Oireachtas agreed to opt into in 2018, has direct effect, while the Directive is an internal market instrument which is binding on Ireland. The Regulation imposes an obligation upon service providers to preserve or produce electronic evidence at the request of a judicial authority of another Member State, imposing a legal obligation upon them to do so. The Directive requires that Member States ensure service providers offering services in the EU designate an addressee to process incoming orders. It also obliges Member States to check that service providers adequately resource and empower addresses to respond to production orders. Both the Regulation and the Directive require that penalty provisions be put in place to address issues of non-compliance when they arise. The Bill provides for the establishment of the Office of Director of Criminal Justice International Cooperation. This office, headed by a Director with statutory powers, will serve as the regulatory body for implementation of the EU e-Evidence Package in Ireland. The Bill provides that the Director will be designated as the central authority under both the e-Evidence Regulation and Directive, and as the enforcement authority under the e-Evidence Regulation. The Director will be responsible for the monitoring and enforcement of compliance by service providers with the e-Evidence Regulation, and as well as their obligations under the e-Evidence Directive. The Director will have the power to impose financial penalties on service providers that are in contravention of their obligations under the e-Evidence Regulation or Directive. The Director may also refuse certain production orders on various grounds, including that the execution of the order might violate fundamental rights, or where the conduct for which the order has been issued is not an offence in this jurisdiction. Unfortunately, and notwithstanding the significant efforts made by my officials at the Office of the Parliamentary Council, the transposition deadline for the e-Evidence Directive of 18 February this year could not be met. Transposition of the Directive via the Bill is therefore imperative for Ireland to achieve this transposition. The e-Evidence Regulation applies from 18 August 2026. The Government intends that this target will be met. The Director will also be assigned the role of Competent Authority for Discretionising of Incoming Removal Orders under the EU Terrorist Content Online Regulation, addressing a separate, outstanding legal obligation. I'll turn now to providing an outline of the various provisions of the Bill. It's comprised of five parts and a schedule. Part 1 is comprised of standard provisions concerning the short title, commencement and expenses, the definition of key words and terms used in the Bill. It also addresses matters relating to the designation of the Director as the Competent Authority under Article 12.1b of the Terrorist Content Online Regulation. Section 1 of the Bill provides the short title and commencement of the Bill. Section 2 provides for the definition of terms used in the Bill. Section 3 is a standard provision regarding expenses incurred in the administration of the Bill. Section 4 provides for the designation of the Director of Criminal Justice International Cooperation as the Competent Authority for the purposes of Article 12.1b of the Terrorist Content Online Regulation. Section 5 is a necessary companion provision to Section 4, providing for the revocation of the European Union Online Dissemination of Terrorist Content, and the designation of the Commissioner of An Garda Síocháin as a Competent Authority Regulations 2025, i.e. SI 375 of 2025. These regulations provide for the designation of the Garda Commissioner as Competent Authority, which was done on a temporary basis pending enactment of this Bill. Section 6 provides for the service of notices or other documents under this Bill, including by electronic means. Section 7 is a standard provision relating to regulations and orders to be made under this Bill. Part 2 of the Bill, comprising Sections 8 to 22, provides for the establishment of the Office of Director of Criminal Justice International Cooperation, the appointment of the Director and staff, the functions of the Director, and other related matters. Section 8 provides for the establishment of the Office of Director of Criminal Justice International Cooperation. The holder of this Office shall be known as the Director of Criminal Justice International Cooperation, and is referred to in the Bill as the Director. As deputies will be aware, Section 9D1 of the Official Languages Act 2003 provides that the default and mandatory position is that newly established statutory bodies should be named in Irish only. However, provision is made in Section 9D1 for the departure from this in future enactments. Naming and establishing this body solely in Irish would adversely affect its messaging and visibility to both competent and central authorities in other EU Member States who would not be familiar with the Irish language or the requirements of the 2003 Act. Section 8 also provides that the schedule to the Bill shall have effect in relation to the Director. The schedule details the provisions applicable to Director, providing that the Director will be a corporation sole with perpetual succession and official seal, and power to sue and be sued, and to acquire, hold, and dispose of land, etc. Section 9 provides for the appointment of the Director, while Section 10 sets out the circumstances in which a person is not eligible for or is disqualified from the Office of Director. Section 11 is a standard provision, providing that a person cannot simultaneously hold office as both Director and as a member of the Oireachtas, the European Parliament or local authority. Section 12 provides for the resignation and removal of the Director. The appointment of members of staff of the Director is provided for in Section 13 of the Bill, while Section 14 provides for the appointment by the Director of a Deputy Director from a member of staff of the Office. Section 15 provides that the Director may engage consultants and advisors. Section 16 provides that the Director will be indemnified against legal costs and damages relating to the carrying out of his or her functions. Section 17 outlines the various functions of the Director and provides that the Director will be independent in the performance of those functions. Section 18 is a standard provision, providing for the delegation of functions of the Director to a member of staff. Section 19 provides that the Director may enter into an information-sharing agreement with certain national authorities. Section 20 provides that the Director shall submit an annual report to the Minister, while Section 21 sets out the statistical information that the Director must collect and submit to the Minister. Section 22 provides that the Director may issue guidance notes to service providers. Part 3, comprising Sections 23 and 24, provides for the designation of the Director as the enforcement authority and central authority for the purposes of the e-evidence regulation, respectively. Part 4, comprising Sections 25 to 30, provides for the designation of the Director as the central authority for the e-evidence directive. It also sets out the various obligations of service providers and actions that may be taken by the Director in relation to their implementation. Section 25 is a standard provision, providing for definition of terms used in Part 4 of the Bill. Section 26 designates the Director as the central authority in the state for the e-evidence directive. Section 27 provides that service providers must designate a designated establishment or a legal representative for the receipt of compliance with an enforcement of decisions or orders. Section 28 acts as a companion provision to this, providing that service providers must ensure that designated establishments or legal representatives have the necessary powers and resources to comply with decisions and orders. Section 29 provides that service providers must notify the Director of the addresses and contact details of their designated establishments and legal representatives. Section 30 provides that service providers and their designated establishments or legal representatives shall be jointly and severally liable. Part 5, comprising Sections 31 to 70, provides the necessary enforcement mechanisms for non-compliant service providers. Section 31 provides for the definition of terms used in Part 5 of the Bill, including key phrases necessary to the mechanics of the Bill. It defines e-evidence regulation obligation as an obligation under Article 10.11 or 13.4 of the e-evidence regulation. It also defines a relevant obligation as an obligation on a service provider to, where applicable, designate a designated establishment or appoint a legal representative in accordance with Section 26, provide a designated establishment or legal representative with the necessary powers and resources in accordance with Section 27, comply with a notice in accordance with Section 27, or notify the Director in accordance with Section 28. Section 32 is a standard provision intended to protect legal privilege. Section 33 creates an offence of certain persons, including staff, the Director, an authorised officer or an adjudication officer, makes an unauthorised disclosure of information acquired while performing functions under the Bill. Section 34 creates an offence where a person unknowingly gives false information or evidence to the Director or an adjudication officer. Section 35 provides for the appointment of authorised officers by the Director for the purpose of the Bill. Section 36 provides for the powers of those authorised officers. Section 37 provides that the judge at the district court may issue a search warrant authorising an authorised officer to enter place. Section 38 provides that the Director may request that the service provider provide a compliance report to enable the Director to confirm that the service provider is complying with a relevant obligation. Section 39 provides that where the Director is of the opinion that the service provider has contravened a relevant obligation, the Director may either enter into an agreement with the service provider in respect of the alleged contravention or cause a directed investigation to be started. Section 40 provides that the Director may enter into a written agreement with the service provider, setting out the steps to comply with a relevant obligation. Section 41 provides for definitions of the terms used in Chapter 4 of Part 5 of the Bill. Section 42 provides that the Director may direct an authorised officer to undertake a directed investigation. Section 43 provides that an authorised officer shall submit a report of the report to the Director, copy the report to the Director and the service provider concerned. Section 44 sets out the actions that may be taken by the Director having received and considered an investigation report, including referring the investigation report to the Chief Adjudication Officer for the purpose of conducting an adjudication. Section 45 provides for the definition of terms in Chapter 5 of the Bill. Section 46 provides that for the purpose of an undertaking an adjudication, the Chief Adjudication Officer shall assign an adjudication officer. Section 47 provides that service providers shall not be liable to be penalised twice for the same contravention. Section 48 sets out the actions an adjudication officer shall take for the purpose of assisting him or her in making a decision as to whether a service provider has committed a relevant contravention. Section 49 provides that an adjudication officer shall make a decision on the balance of probabilities as to whether a service provider has committed or is committing a relevant contravention. Section 50 sets out that the maximum financial penalty that can be imposed on a service provider can be no greater than 2% of the total world annual turnover of the service provider in the preceding financial year. Section 51 provides that an adjudication officer must send the Director and the service provider concerned a written notice of the decision. Section 52 sets out the circumstances that a decision as to contravention and of a financial penalty take effect. Section 53 provides that a service provider may appeal against the decision. Section 54 provides that where there is no appeal, the Director shall make an application in a summary manner to the Circuit Court for confirmation. Section 55 sets out procedural and other matters concerning the conduct of an oral hearing. Section 56 provides that an adjudication officer may, before making the decision as to contravention or the imposition of a financial penalty, refer a question to the High Court. Section 57 provides that an adjudication officer may award the cost of proceedings against the service provider or Director for improper conduct. Section 58 provides that the Minister may make regulations. Section 59 provides that a payment may be made by a service provider in respect of financial penalty to be paid to the exchequer. Section 60 sets out the circumstances in which a person is not eligible for appointment or disqualified from holding office as an adjudication officer. Section 61 provides that a person cannot simultaneously hold office whilst being an elected person. Section 62 provides for the nomination by the Director of persons for appointment as adjudication officers. Section 63 provides for the appointment by the Minister of adjudication officers. Section 64 provides that an adjudication officer is independent. Section 65 provides that the Minister shall make regulations. Section 66 provides that the Director may require staff or persons on contract or appoint as advisors to assist adjudication officers. Section 67 provides that summary proceedings for an offence may be brought and prosecuted by the Director. Section 68 provides that summary proceedings for an offence under the Bill may be instituted at any time within two years. Section 69 provides for liability by corporate entities. Section 70 provides that where a person is convicted of an offence under the Bill, the Court shall order the person to pay the Director any costs and expenses incurred. The provisions of the Bill have been drafted with a view to successful implementation of the EU evidence package. However, this is not only about compliance. It's also about leadership. It is an opportunity to enhance Ireland's position as a European hub for digital regulation and a trusted partner in international justice. For law enforcement, it means faster, clearer and legally secure access to the evidence needed to tackle serious crime. And for citizens, it means confidence that their data and rights are protected as we enhance our capacity to fight crime in the digital age. The regulation provides that access to personal data through the mechanism of European production orders will be subject to existing data protection rules and principles. In particular, the regulation reiterates the requirements of necessity and proportionality and sets out the key safeguards in this area, including the limitations on the types of data that can be requested and the ability for enforcing States to object to orders under certain circumstances. The EU evidence package will be implemented in a manner which respects fundamental rights and freedoms, including individuals' rights to privacy and data protection. I look forward to hearing the views and observations of deputies and to answering your questions on this very important Bill.