Tuesday, 17 September 2019

Questions (265)

Catherine Connolly

Question:

265. Deputy Catherine Connolly asked the Minister for Justice and Equality further to Parliamentary Question No. 166 of 28 May 2019, the directives forming part of the procedural rights roadmap transposed into law to date; the directives opted out of by Ireland; the directives not transposed into law to date; the deadline imposed by the EU for the imposition of same; the estimated date for transposition into law; and if he will make a statement on the matter. [37010/19]

View answer

Written answers (Question to Justice)

I wish to confirm to the Deputy that the information sought cannot be provided in the time allowed. As soon as the information has been collated I will write to the Deputy on the matter.

The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 265 of 17 September 2019 where the Deputy inquired about the directives forming part of the procedural rights roadmap transposed into law to date; the directives opted out of by Ireland; the directives not transposed into law to date; the deadline imposed by the EU for the imposition of same and the estimated date for transposition into law of each measure.
The Deputy will recall that the information could not be obtained in the time available and I undertook to contact her again when the information was available. I apologise for the delay in responding.
Directives forming part of the procedural rights roadmap transposed into law to date:
Directive 2010/64/EU of the European Parliament and of the Council of 22 May 2012 on the right to interpretation and translation in criminal proceedings
Ireland opted-in to this Directive. It was transposed by way of Statutory Instrument (S.I. No. 565/2013 and S.I. No. 564/2013) on 20 December 2013.
Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings
Ireland opted-in to this Directive. The requirements of the Directive were deemed to have been met through a number of legislative provisions and administrative measures, primarily the Criminal Justice Act 1984 and subsequent Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 and Part 1A of the Criminal Procedure Act 1967. There is also a body of case law underpinning many of these principles.
Directives opted out of by Ireland:
Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty
Ireland did not opt-in to this Directive based a number of substantive legal concerns. Chief amongst these concerns were that the original proposals would affect our criminal law procedures fundamentally; make serious changes to the law on the admissibility of evidence, which would have the most serious consequences for the prosecution of offences; and have serious implications for the Gardaí with regard to its statutory role in the investigation of crime.
An undertaking was given at the time that Ireland would consider the Directive following adoption and determine whether the State could opt-in under Article 4 of Protocol 21. The question of opting in to Directive 2010/64/EU on access to a lawyer under article 4 is currently under review.
Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings
Ireland did not opt-in to this Directive on the basis of its provision relating to the right to silence of an accused. The proposal provided that an exercise of the right to remain silent when questioned shall not be used against a suspect or accused person at a later stage in the proceedings and shall not be considered as a corroboration of facts, thereby making it an absolute right. This would affect our criminal law procedures fundamentally.
Under Irish law, at trial inferences may be drawn as the result of the failure of a suspect, in particular circumstances, to answer questions when questioned by Gardaí. This legislation is a key tool in the investigation and prosecution of serious crime. Given that the drawing of inferences is peculiar to the Common Law system it was considered unlikely that any attempt to amend the Commission proposal in negotiations to provide for it would succeed.
Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings
Ireland did no opt-in to this Directive on the basis that it would amount to a de facto acceptance of the Access to a Lawyer Directive. Future participation in this Directive is dependent on any decision made in relation to the Directive on access to a lawyer.
Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused
Ireland did no opt-in to this Directive on the basis that it would amount to a de facto acceptance of the Access to a Lawyer Directive. Future participation in this Directive is dependent on any decision made in relation to the Directive on access to a lawyer.
Further information requested by the Deputy with regard to the deadline imposed by the EU for imposition and the date for transposition into law is provided in the following table.

Directive

Transposition Deadline

Transposition Date

Directive

Transposition Deadline

Transposition Date

Directive 2010/64/EU of the European Parliament and of the Council of 22 May 2012 on the right to interpretation and translation in criminal proceedings

27th October 2013

December 2013

Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings

2nd June 2014

N/A

Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty

27th November 2016

N/A

Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings

1st April 2018

N/A

Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings

11th June 2019

N/A

Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused

25th May 2019

N/A