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JOINT COMMITTEE ON EUROPEAN AFFAIRS debate -
Friday, 22 Jan 2010

EU Green Paper on Obtaining and Securing Admissibility of Evidence in Criminal Matters: Discussion.

The next matter is a discussion of the EU Commission Green Paper on obtaining evidence in criminal matters from one member state to another and securing its admissibility — COM (2009) 624 final. The purpose of the Green Paper is to consult member states to obtain their views on a proposal to replace the existing regime on obtaining evidence in criminal matters, with a single instrument which would cover all types of evidence.

The Department of Justice, Equality and Law Reform information note states that Ireland agrees with the view expressed in the Green Paper that the application of the existing instruments is sometimes burdensome and can cause confusion. However, we must be mindful that any process of rationalisation must take account of the fact that the rules of evidence and the provision of constitutional law vary from member state to member state.

The Department of Justice, Equality and Law Reform has made available to members a copy of its formal response to the Green Paper questionnaire. Have members any views?

The proposal is that this be forwarded to the Department of Justice, Equality and Law Reform. It is also proposed that the Department be requested to forward Ireland's formal response to the Green Paper to the Joint Committee on Justice, Equality, Defence and Women's Rights once it is finalised.

In the Green Paper there is a questionnaire. Presumably, the Department will fill in that questionnaire if we proceed in this fashion without us seeing what it will put into the questionnaire.

It is circulated.

The questionnaire is circulated but what the Department states is not. The questions are there but the answers are not. Could we get the answers circulated?

We have the answers as well.

Are they here?

Why are they not jumping out at us?

I did not see them. Do we have them? It seems I did not get that document. Do we need to approve this today? Is it for the end of the month?

I am thinking about that.

I would like an opportunity to read it.

We are a bit late on it. Deputy Costello is correct that it will be referred to the Joint Committee on Justice, Equality and Law Reform. The point that occurs is the one that occurs repeatedly. It should come back to us after that committee has discussed it. We need to have some input into it.

We should sign off on it.

I think we should sign off on it.

How is our timescale on that?

We do not need to do that. We can refer it to the Joint Committee on Justice, Equality and Law Reform and, on its return, we can have a discussion, perhaps when we have more time available to us than we have at present. We have had a long discussion already and it might be better to start afresh. Is that agreed? Agreed.

The joint committee went into private session at 1.18 p.m. and adjourned at 1.20 p.m. until Tuesday, 26 January 2010.
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