S.I. No. 722/2020 - Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Section 110) (Designation of United Kingdom) Order 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th January, 2021.

WHEREAS the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (referred to subsequently in these recitals as “the Agreement”) was done at Brussels and London on 30 December 2020;

AND WHEREAS Title II of Part Three of the Agreement provides for cooperation regarding automated searching for and automated comparison of DNA data and dactyloscopic data, and the exchange of such data and the reference data relating to them;

AND WHEREAS Article FINPROV.11 of the Agreement provides for the entry into force and for the provisional application of the Agreement;

AND WHEREAS, the Parties to the Agreement having notified each other that their respective internal procedures necessary for provisional application have been completed, the Agreement, in accordance with the said Article FINPROV.11, shall be provisionally applied from 11.00 p.m. on the 31st day of December 2020;

NOW I, SIMON COVENEY, Minister for Foreign Affairs, in exercise of the powers conferred on me by section 110 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11 of 2014) (as adapted by the Foreign Affairs and Trade (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 382 of 2020 )), after consultation with the Minister for Justice, hereby order as follows:

1. This Order may be cited as the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Section 110) (Designation of United Kingdom) Order 2020.

2. This Order shall come into operation at 11.00 p.m. on the 31st day of December 2020.

3. The United Kingdom of Great Britain and Northern Ireland is designated, pursuant to section 110 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11 of 2014), for the purposes of cooperation regarding automated searching for or automated comparison of DNA data or dactyloscopic data, as the case may be, and the exchange of such data and the reference data relating to them, by or between the State and that state under Chapters 1 to 4 and 7 of Part 12 of that Act in accordance with the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community of the one part and the United Kingdom of Great Britain and Northern Ireland of the other part, done at Brussels and London on 30 December 2020.

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GIVEN under my Official Seal,

31 December, 2020.

SIMON COVENEY,

Minister for Foreign Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order designates the United Kingdom of Great Britain and Northern Ireland for the purposes of cooperation regarding automated searching for or automated comparison of DNA data or dactyloscopic data, as the case may be, and the exchange of such data and the reference data relating to them, by or between the State and the United Kingdom under Chapters 1 to 4 and 7 of Part 12 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11 of 2014), in accordance with the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community of the one part and the United Kingdom of Great Britain and Northern Ireland of the other part.