|
|
|
Special intervention units
|
| |
31. The Principal Act is amended by the insertion of the following Part after section 94:
|
|
| |
“Part 7A
|
|
| |
Special Intervention Units
|
|
| |
Interpretation
|
|
| |
94A. In this Part—
|
|
| |
‘competent authority’, in relation to the State, means the Minister and, in relation to a member state, means the authority designated by that member state to be the competent authority of that member state for the purposes of the 2008 Council Decision (special intervention units);
|
|
| |
‘crisis situation’ means any situation in which the competent authority or the competent authority of a member state has reasonable grounds to believe that, as a result of a criminal offence, there exists a serious direct physical threat to persons, property, infrastructure or institutions in the State or in that member state;
|
|
| |
‘special intervention unit’—
|
|
| |
(a) if and when operating in a member state, has the meaning assigned to it by section 94B,
|
|
| |
(b) if and when operating in the State, means a special intervention unit consisting of a law enforcement unit of another member state which is specialised in the control of a crisis situation.
|
|
| |
Special intervention unit
|
|
| |
94B. For the purpose of providing assistance under section 94E, the Garda Commissioner may establish a special intervention unit, where required for the control of a crisis situation, from such members of the Garda Síochána as the Garda Commissioner considers appropriate.
|
|
| |
Request to member state for assistance of special intervention unit in dealing with crisis situation
|
|
| |
94C. (1) Where the competent authority is satisfied that—
|
|
| |
(a) as a result of the commission of a criminal offence, a crisis situation exists in the State, and
|
|
| |
(b) there are reasonable grounds for believing that it is in the public interest to seek the assistance of a special intervention unit from a member state, and
|
|
| |
(c) the Government has agreed to the request for the assistance of a special intervention unit,
|
|
| |
the competent authority may request the competent authority of that member state to provide the assistance of a special intervention unit in accordance with the 2008 Council Decision (special intervention units).
|
|
| |
(2) A request under subsection (1) shall specify the following:
|
|
| |
(a) the competent authority making the request;
|
|
| |
(b) the nature of the crisis situation;
|
|
| |
(c) the criminal offence giving rise to the crisis situation;
|
|
| |
(d) the nature and form of the assistance requested;
|
|
| |
(e) the operational necessity for the assistance requested; and
|
|
| |
(f) the expected period for which the assistance is required.
|
|
| |
(3) The competent authority shall furnish to the other competent authority such other information (if any) as would reasonably be required by that authority to decide whether or not to agree to provide the assistance sought.
|
|
| |
(4) Where the requested competent authority accedes to the request, the competent authority may, subject to this Chapter, agree with that authority the form of assistance required including—
|
|
| |
(a) the provision of equipment,
|
|
| |
(b) the provision of expertise,
|
|
| |
(c) the assistance in the State of a special intervention unit of the member state concerned.
|
|
| |
Request to State for assistance of special intervention unit in dealing with crisis situation
|
|
| |
94D. (1) In accordance with the 2008 Council Decision (special intervention units), the competent authority shall consider a request for assistance in dealing with a crisis situation received from the competent authority of a member state.
|
|
| |
(2) A request under subsection (1) shall specify the following:
|
|
| |
(a) the competent authority making the request;
|
|
| |
(b) the nature of the crisis situation;
|
|
| |
(c) the criminal offence giving rise to the crisis situation;
|
|
| |
(d) the nature and form of the assistance requested;
|
|
| |
(e) the operational necessity for the assistance requested; and
|
|
| |
(f) the expected period for which the assistance is required.
|
|
| |
(3) The competent authority may seek from the requesting competent authority such other information (if any) as would reasonably be required to decide whether or not to agree to provide the assistance sought.
|
|
| |
(4) Where the competent authority accedes to the request for assistance, the competent authority may, subject to Government approval, agree with the requesting competent authority the form of assistance including:
|
|
| |
(a) equipment;
|
|
| |
(b) expertise;
|
|
| |
(c) assistance in the member state of a special intervention unit established under section 94B.
|
|
| |
Operation of special intervention unit
|
|
| |
94E. (1) A special intervention unit formed under section 94B shall be established for a specific purpose and a limited period of time which may be extended, if the circumstances so require, for such period or periods as may be agreed by the competent authority and the other competent authority concerned.
|
|
| |
(2) Notwithstanding subsection (1), the competent authority may terminate the provision of assistance when—
|
|
| |
(a) the purpose for which the assistance was agreed has been served, or
|
|
| |
(b) no further benefit is likely to accrue from the continued operation of the special intervention unit.
|
|
| |
(3) Subject to subsection (1), a special intervention unit may operate in the State or in a member state, as the case may be, for so long as it is necessary to do so for the purpose of dealing with the crisis situation for which the unit was established.
|
|
| |
(4) A special intervention unit operating in the State shall do so in a supporting capacity to the law enforcement authorities of the State and shall operate—
|
|
| |
(a) under the responsibility, authority and direction of the Garda Commissioner,
|
|
| |
(b) in accordance with the law of the State, and
|
|
| |
(c) within the limits of the powers conferred on the unit under the national law of the member state concerned.”.
|
