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Dáil Éireann Debate, Tuesday - 1 December 2020

Tuesday, 1 December 2020

Questions (611)

Thomas Pringle

Question:

611. Deputy Thomas Pringle asked the Minister for Justice her plans to adopt the European Public Prosecutor's Office regulation; if so, the criteria that would apply in making the decision; and if she will make a statement on the matter. [40399/20]

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Written answers

As the Deputy will be aware, Ireland is not participating in the European Public Prosecutor's Office (EPPO) which is being established by means of an enhanced cooperation procedure provided for under Article 86 of Treaty on the Functioning of the European Union (TFEU). The Member States participating in this procedure adopted the EPPO Regulation 2017/1939 in October 2017. Ireland retains the option to participate at a future time under the provisions of Protocol 21 to the TFEU.

At this point Ireland does not have any immediate intention to join the measure, as it presents constitutional difficulties regarding the admissibility of evidence, and practical difficulties arise in terms of the interaction with our common law system.

Ireland is part of the related PIF Directive (Directive 2017/1371 on the fight against fraud to the Union's financial interests by means of criminal law). This Directive will be transposed into Irish law by the Criminal Justice (Theft and Fraud Offences)(Amendment) Bill 2020, which is currently before the Seanad.

The EPPO Regulation provides for the EPPO and the Commission putting in place arrangements for cooperation between the EPPO and the non-participating Member States. Discussions in respect of these arrangements are continuing between Member States and on a bilateral basis as well as between Ireland and the EPPO.

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