Criminal Justice (International Co-Operation) Act 2019

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Taking evidence in State from member of Garda Síochána for purposes of Northern Ireland troubles related inquest or designated United Kingdom inquest

3. (1) This section shall apply where a coroner holding a Northern Ireland troubles related inquest or a designated United Kingdom inquest makes a request to the Garda Commissioner for assistance, in the form of the taking of evidence in the State from a member of the Garda Síochána in accordance with this section, for the purposes of the inquest concerned (in this section referred to as a “request for assistance”).

(2) A request for assistance shall be in writing and shall specify—

(a) the questions that the coroner requests be asked of a member of the Garda Síochána in the taking of evidence in accordance with this section, and

(b) the purpose for which the evidence is requested.

(3) Subject to subsection (4), the Garda Commissioner may accede to a request for assistance in respect of some or all of the questions specified therein.

(4) The Garda Commissioner shall, after consultation with the Minister, refuse a request for assistance in respect of some or all of the questions specified therein, where the Garda Commissioner is of the opinion that to accede to the request for assistance in respect of those questions would—

(a) be likely to prejudice the sovereignty, security or other essential interests of the State,

(b) be likely to prejudice a criminal investigation, or criminal proceedings, in the State, or

(c) otherwise be inconsistent with the functions of the Garda Síochána under section 7 of the Act of 2005.

(5) A decision of the Garda Commissioner under subsection (3) in relation to a request for assistance shall be in writing and shall specify—

(a) the questions, if any, in respect of which the Garda Commissioner is acceding to the request for assistance, and

(b) the questions, if any, in respect of which the Garda Commissioner is refusing the request for assistance.

(6) The Garda Commissioner shall, as soon as practicable after making a decision under subsection (3), provide a copy of the decision to the coroner who made the request for assistance and notify him or her in writing—

(a) in relation to the questions specified in the decision to which subsection (5)(a) applies, that the evidence concerned—

(i) shall be taken in accordance with this section,

(ii) shall be given in accordance with this section by a designated member of the Garda Síochána, and

(iii) shall be provided to the coroner subject to the condition referred to in subsection (13),

and

(b) in relation to the questions specified in the decision to which subsection (5)(b) applies, that the request for assistance is, in respect of those questions, refused.

(7) Where the Garda Commissioner accedes to a request for assistance in respect of some or all of the questions specified therein, he or she shall—

(a) designate a member of the Garda Síochána not below the rank of Chief Superintendent (in this section referred to as a “designated member of the Garda Síochána”) as the member of the Garda Síochána from whom the evidence concerned may be taken in accordance with this section, and

(b) make an application to the President of the High Court for the nomination of a judge of that Court (in this section referred to as the “nominated judge”) to take the evidence concerned in accordance with this section, which application shall be accompanied by a copy of—

(i) the request for assistance,

(ii) the decision of the Garda Commissioner under subsection (3), and

(iii) the notification under subsection (6).

(8) The nominated judge shall take the evidence referred to in subsection (7) in accordance with this section.

(9) For the purposes of subsection (8)—

(a) no person other than the nominated judge shall ask questions of the designated member of the Garda Síochána,

(b) the nominated judge shall ask the designated member of the Garda Síochána the questions specified in the decision under subsection (3) to which subsection (5)(a) applies only,

(c) the evidence shall be taken—

(i) on oath, and

(ii) subject to subsection (10), otherwise than in public,

and

(d) the nominated judge may give such directions in relation to the arrangements for the taking of the evidence as he or she considers appropriate, including directions for the purpose of securing the safety of the designated member of the Garda Síochána from whom the evidence is to be taken.

(10) The taking of evidence under subsection (8) may be done in the presence of—

(a) the coroner who made the request for assistance or his or her legal representative, and

(b) the Garda Commissioner or his or her legal representative.

(11) For the purpose of giving evidence under subsection (8), a designated member of the Garda Síochána—

(a) shall not be compelled to give any evidence which he or she could not be compelled to give in criminal proceedings in the State, and

(b) shall be entitled to the immunities and privileges of a witness before the High Court.

(12) After the taking of the evidence under subsection (8), the nominated judge shall—

(a) certify the record of the evidence as a true copy of the evidence taken, and

(b) cause a copy of the record of the evidence so certified to be transmitted to—

(i) the coroner concerned, and

(ii) the Garda Commissioner.

(13) The provision of evidence to a coroner under this section shall be subject to the condition that it shall not, without the consent of the Garda Commissioner, be used for any purpose other than the purpose specified by the coroner in accordance with subsection (2)(b) in his or her request for assistance.

(14) This section applies to a Northern Ireland troubles related inquest and a designated United Kingdom inquest that—

(a) has begun but has not been completed before the coming into operation of this section, or

(b) begins on or after the coming into operation of this section.