Government approval secured for new criminal justice bill

Jim O’Callaghan

The bill will establish a new Office of Director of Criminal Justice International Cooperation, to allow Ireland to meet the requirements of the EU e-Evidence package.

The package will make it faster and easier for law enforcement and judicial authorities across the EU, to obtain electronic evidence from service providers as part of criminal investigations.

The Regulation, which will apply from 18 August 2026, will allow law enforcement and judicial authorities in one member state to issue legally binding orders directly to service providers in another member state, to produce and/or preserve electronic evidence relevant to a criminal investigation. These are known as “European Production Orders” and “European Preservation Orders”.

The Directive, which will be transposed by this bill, creates an obligation on service providers who are covered by the e-Evidence package, to designate an “addressee” (a designated establishment or legal representative), for the purposes of receiving and complying with these orders.

The Office of Director of Criminal Justice International Cooperation will be designated as the competent authority for roles under both the e-Evidence Directive and the e-Evidence Regulation, including an enforcement role for non-compliance with production orders. The Director will be supported by staff in carrying out these functions and the office will be established on a phased basis. It is envisaged that the Director could take on additional roles in the criminal justice international cooperation space in future, subject to Government approval. The process for the appointment of the Director is under way.

Mr O’Callaghan said: “I am very pleased to secure Government approval to publish the Criminal Justice (International Cooperation on Electronic Evidence and Other Matters) Bill 2026.

“The establishment of the Office of Director of Criminal Justice International Cooperation will provide a cohesive approach to digital regulation in the criminal justice space by centralising the necessary skills and expertise, providing a single point of contact for cross-border judicial cooperation on e-Evidence, and ensuring a streamlined regulatory framework.

“It will enhance Ireland’s ability to ensure effective access to digital evidence in tackling serious crime. The use of online services to facilitate and perpetrate criminal activity does not respect geographical borders. 

“This bill is an important step in demonstrating the State’s full and proactive commitment to implementing the EU e-Evidence package. The bill provides the necessary legislative steps to transpose the e-Evidence Directive into national legislation.

“Effective implementation of the EU e-Evidence Package is an important element of Ireland’s commitment to remain an EU centre of expertise for digital regulation and a regulatory hub for companies operating across the EU Digital Single Market.”