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Tom Brabazon: Backing Bill to Speed Access to Digital Evidence

Tom Brabazon: Backing Bill to Speed Access to Digital Evidence

Tom Brabazon addresses the Dáil in support of the Criminal Justice International Co-operation on Electronic Evidence and Other Matters Bill 2026, arguing it will strengthen Ireland's ability to obtain digital evidence and tackle organised crime. He welcomes the Government's commitment to the EE evidence package and to establishing an Office of the Director of Criminal Justice International Co-operation.

Bill overview


Tom Brabazon commends the Minister and the Department for progressing the Bill. He frames the legislation as a practical and necessary step to improve access to electronic evidence, support Gardaí Síochána investigations and bring those involved in serious and organised crime to justice.

Cross-border crime and digital evidence


Brabazon emphasises that criminal gangs operate across borders and increasingly through online communications, finance and planning. He warns that delays in obtaining evidence held by service providers in other EU countries can seriously damage investigations and stresses the importance of international co-operation.

Tools and enforcement


The Deputy highlights European production orders and preservation orders as important tools to obtain or preserve evidence quickly. He also welcomes the creation of the Office of the Director of Criminal Justice and International Co-operation and notes the Bill gives the office powers to monitor and enforce compliance by service providers.

Looking ahead


Brabazon calls for the State to stay ahead of criminals by anticipating technology trends, mentioning both the benefits and risks of AI. He argues the Bill will close exploitable gaps, strengthen co-operation with European partners and better hold organised criminals to account.

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Transcript
Go raibh míle maith agat, Cathaoimh Comhairle. I wish to commend the Minister and his Department for bringing forward the Criminal Justice International Co-operation on Electronic Evidence and Other Matters Bill 2026. The Government committed to implementing the EE evidence package and to establishing a new Office of the Director of Criminal Justice International Co-operation in the Programme for Government. It is welcome to see that commitment now being progressed. The Bill is practical and necessary and will strengthen Ireland's ability to access digital evidence, support criminal investigations and help to ensure that those involved in serious and organised crime can be brought before the courts and ultimately brought to justice. We all know that criminal gangs do not respect borders and that their activities are not confined to one village, one county or even one country. Criminal networks are international and their communications are often online. Their financing, planning and contacts can move across borders in seconds. We have to be able to respond to that. We cannot underplay the importance of international co-operation. We have seen in recent weeks how working closely with other jurisdictions, law enforcement agencies can lead to major breakthroughs in tackling transnational organised crime and bring significant players in the criminal underworld to justice. When Gardaí can co-operate effectively with their counterparts in other countries it becomes much harder for these criminals to hide behind borders. In today's day and age everything is done through digital means and crime is no different. A person in this state can easily communicate with a group on the other side of the world to organise a drug shipment, move money and co-ordinate other criminal activity. That can happen quickly and discreetly. The evidence of that activity may be held by a service provider in another EU country. In these circumstances any delay can seriously damage an investigation. Investigations into organised crime are increasingly dependent on digital evidence and there are countless cases where convictions have been secured based on digital material. We have to support Gardaí Síochána in so far as possible in making it faster and easier for them to access electronic evidence. Speed matters in any investigation. It is particularly important in organised crime cases where those engaged in this activity will often try to cover their tracks, encrypt their communications or delete incriminating material entirely. The European production orders and preservation orders provided for in the evidence package and in this legislation will be an important tool in ensuring that relevant evidence can be obtained or preserved quickly. The creation of the new Office of Director of Criminal Justice and International Co-operation is very welcome and the Bill gives that office real teeth by giving it the power to monitor and enforce compliance by service providers. Criminals are quick to adapt and they will seek to carry out their activities wherever they can. The state must be a step ahead of them and must be able to respond urgently. We need to look ahead of the curve and to see what technology is coming down the track so we can keep up with it. In particular AI as a tool can be very positive and also nefarious at the same time. This Bill will help close gaps that criminals have been able to exploit, improve co-operation with our European partners, support to gather new evidence and most importantly assist in holding those involved in serious and organised crime to account.