Criminal Justice (International Cooperation on Electronic Evidence and Other Matters) Bill 2026: Second Stage
Seanad Éireann — 2026-06-24
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Jim O'Callaghan (FF), Dublin Bay South

I thank Senators for their contributions, which I have listened to carefully.
Senator Gallagher spoke about how this legislation is very important for Ireland’s reputation and the position we have as a major European centre for the tech sector. That is correct and it is important that we try to transpose the directive as soon as possible. As we know, the regulation comes into effect from the middle of August, so it is important for Ireland’s reputation. When you look at it objectively, very many other countries in the European Union would give a huge amount to be in Ireland’s position of attracting very large multinational tech companies to the country. We have them here, which is something we should, and I know we do, value. It is something that generates challenges but is a huge advantage for the country, the economy and the taxes we generate from it as well as the services we can support through the taxation that comes with it.
Gabhaim buíochas leis an Seanadóir Kelleher arís as a óráid. Bhí mé ag éisteacht go cúramach.
Senator Murphy also raised a number of points. It is fair to say we are under pressure here with the timeline. There is a legitimate criticism to what he said, that it should have been enacted sooner. He asked why it is being rushed. Part of the reason is because my priority has been other domestic legislation, much of which we saw earlier such as the guardianship of infants legislation or the domestic register of judgements legislation. I will not claim all responsibility for the delay but it is important that we get it enacted. I agree with the Senator that it would be preferable that, when it comes to the transposition of directives, we try to transpose them in a more timely and expedient fashion.
Senator Murphy mentioned that the number of requests to Ireland could be very high. They could be, and the reason for that is because we have so many large tech companies here. The purpose of this is for other member states to request e-evidence, evidence that is relevant to criminal offences in their jurisdiction. Obviously, a lot of tech companies that list their address as Ireland will be the entities that will be subject to those requests and they will come to the new statutory office we are setting up.
Senator Murphy also asked about resources in respect of it. The set-up costs are around €2.8 million, but we believe, in terms of what we are facing from the outset, that we will have enough resources to deal with it. If we need further resources, we are fortunate to be in a financial position where we can devote further resources to it, but we believe the calculation that is given to it at present is sufficient. Senator Murphy is correct in noting there will also be additional roles given to the new statutory agency in respect of European investigation orders.
Senator Murphy also inquired about what will be the impact on the workload on the courts. I am ensuring the courts are resourced fully to administer justice efficiently and effectively. This year saw funding increase by 8% to €216 million. The judges are well resourced. I am introducing further judicial posts, so I believe there will be sufficient judicial resources to deal with this, and that is also the case with An Garda Síochána. However, it is true to say when you are setting up a new statutory entity and it will be reliant on requests coming from other countries, there will be a certain amount of uncertainty as to the level of workload. It is something that will have to be kept under constant review.
Senator Murphy raised the issue of the protection of fundamental rights. I am satisfied fundamental rights are protected in respect of this. There has to be reciprocity in terms of criminality. It is not like we can receive a request for something that is not a crime in Ireland. When you look at all European Union directives and regulations, we will all still be subject to GDPR and the fundamental rights set out in the charter, so I am satisfied that fundamental rights will be protected.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-24/debate/main
Retrieved: 2026-08-14T04:55:06+00:00
Sitting date: 2026-06-24