Criminal Justice (International Co-Operation) Act 2019

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Power to enter into agreements with relevant persons or bodies outside the State

5. The Act of 2005 is amended by the insertion of the following section after section 28:

“28A. (1) The Garda Commissioner may, with the prior consent of the Government, enter into an agreement on behalf of the Garda Síochána with a relevant person or body for the purpose of facilitating the performance by each party to the agreement of their respective functions, which agreement may, for that purpose, provide for—

(a) the co-operation of the parties,

(b) the exchange of information between the parties, or

(c) such other matters as the Garda Commissioner thinks fit.

(2) Subject to the General Data Protection Regulation and the Data Protection Acts 1988 to 2018, the Garda Commissioner may, pursuant to and in accordance with the terms of an agreement under this section, provide information to, and receive information from, the other party to the agreement.

(3) In this section—

‘General Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ¹ on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

‘relevant person or body’ means a person or body outside the State in whom or in which functions are vested under the law of a place other than the State that are equivalent, or similar, to the functions of—

(a) the Ombudsman Commission under this or any other enactment,

(b) the Garda Síochána Inspectorate under this or any other enactment,

(c) the Authority under this or any other enactment,

(d) a coroner under the Coroners Act 1962 ,

(e) a commission of investigation under the Commissions of Investigation Act 2004 ,

(f) a tribunal of inquiry under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, or

(g) the Criminal Assets Bureau.”.

¹ O.J. No. L119, 4.5.2016, p.1