Minister for Justice, Home Affairs and Migration Jim O’Callaghan has secured Cabinet approval for priority drafting of the Criminal Justice (International Cooperation Office) Bill 2025, which will establish the Criminal Justice International Cooperation Office and set out its powers in line with the EU e-Evidence Regulation and Directive.
The EU e-Evidence Package allows authorities in one EU Member State to issue an order to produce electronic evidence needed for a criminal investigation to an online service provider based in another EU Member State.
In 2018, the European Commission estimated that electronic evidence was relevant in 85% of criminal investigation and that 55% of all criminal investigations required a request by the investigating authorities to service providers across borders (i.e. based in another jurisdiction).
The e-Evidence Package will regulate this practice and apply the same rules to all online service providers across the EU, providing legal certainty and clarity for businesses and law enforcement.
The establishment of the Criminal Justice International Cooperation Office will provide a cohesive approach to digital regulation in the criminal justice space by centralising the necessary skills and expertise, and ensuring a streamlined regulatory framework based around a single regulator. This approach is further strengthened by government approval to incorporate other international co-operation instruments, such as the European Investigation Order Directive, into the implementation of the EU e-Evidence Package.
Minister O’Callaghan said:
“A new Criminal Justice International Cooperation Office, as committed to in the Programme for Government, will make it easier and more efficient for law enforcement and judicial authorities in Ireland, and across Europe, to obtain the evidence they need to investigate and prosecute serious crime. This is becoming more and more important as online communication is becoming increasingly borderless.
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 in future.
The establishment of this new Office will have significant benefits for the service providers based in Ireland in terms of their ability to comply with the requirements of the EU e-Evidence Package and other international cooperation instruments. It will streamline international cooperation activities, ensuring procedural efficiency in how Ireland fulfils its obligations.
Ultimately, this is about ensuring that the police across the EU, including An Garda Síochána, have the modern procedural tools necessary to investigate crime available to them. Ireland will play an important part in that process through the Criminal Justice International Cooperation Office.”
