Dáil Éireann Debate, Wednesday - 30 January 2008
1235 Deputy Barry Andrews asked the Minister for Justice, Equality and Law Reform if there are protocols in place to allow the Gardaí to obtain information from other jurisdictions regarding the previous criminal convictions in those jurisdictions of non-Irish nationals arriving here, following the conviction of a person (details supplied); and if he will make a statement on the matter. [1808/08]
View answerThe case referred to by the Deputy was one where the person convicted was an EU national and as such entitled to reside in another Member State, in this case Ireland.
The obligations on Member States to permit the free movement of European citizens are set out in Directive 2004/38/EC which is transposed into Irish law by the European Communities (Free Movement of Persons) (No. 2) Regulations 2006. Provision is made in the Directive for the exchange of information from police records with the Member State of origin or any other Member State as required. Such an exchange of information is permitted ‘In order to ascertain whether the person concerned represents a danger for public policy or public security. . .' However, ‘Such enquiries shall not be made as a matter of routine' and the Member State consulted shall have up to two months to reply to such a request.
The Directive also provides (in Article 27) that ‘ Member States may restrict the freedom of movement and residence of Union citizens', however, these measures ‘shall comply with the principle of proportionality and shall be based exclusively on the personal conduct of the individual concerned. Previous criminal convictions shall not in themselves constitute grounds for taking such measures'. The scope for a Member State to refuse entry to its territory is further restricted to the extent that the ‘personal conduct of the individual concerned must represent a genuine, present and sufficiently serious threat...' and that ‘Justifications that are isolated from the particulars of the case or that rely on considerations of general prevention shall not be accepted'.
In relation to the exchange of information on criminal records between Member States more generally the Deputy might be interested to note that at its meeting on 12-13 June, 2007 the Council of the European Union reached an agreement on a general approach on a proposal for a Council Framework Decision on the organisation and content of the exchange of information extracted from criminal records between Member States. Discussions are ongoing with a view to the formal adoption of the Framework Decision as soon as possible. This agreement follows the adoption in 2005 by the Council of a Decision on the exchange of information extracted from the criminal record, which supplements the relevant provisions of the Council of Europe 1959 European Convention on Mutual Assistance in Criminal Matters.
In addition, the Garda Síochána may forward a request for the record of the criminal convictions of a person to the country concerned through the Interpol channel. The requisite information may then be received through that channel.
