Criminal Justice (Mutual Assistance) Act 2008

Presence of representatives of requesting state at execution of request.

97.— (1) The Minister may, at the instance of the designated state concerned, authorise a representative of the authority concerned in that state (in this section referred to as “the representative”) to be present at the place where its request is being executed by a member or members of the Garda Síochána.

(2) Such an authorisation may be subject to such conditions as the Minister may determine.

(3) The presence of the representative at any such place does not require the consent of the person affected by the execution of the request.

(4) The representative, while so present—

(a) shall be subject to the direction of the member or members executing the request,

(b) shall have access to the same places and objects (including documents) as that member or those members, and

(c) may be authorised to put or propose questions and suggest measures of investigation.

(5) The representative shall not disclose, in breach of the rights of the person affected by the execution of the request, confidential information resulting from his or her presence, except to any other such representative or representatives and to his or her authorities.