EU proposal to see gardaí get greater evidence access
Ireland is one of the countries supporting the idea that would fast-track the gathering of evidence against a person in the fight against crime and terrorism.
However, several countries were not as enthusiastic when the proposal was discussed at an EU justice ministers meeting in Dublin yesterday. The Irish agreed to set up a working group among senior civil servants to tease out the difficulties that ranged from cost to constitutional concerns.
Justice Minister Michael McDowell, who chaired the meeting, said it was essential to have such a system to ensure criminals cannot hide behind national borders.
The proposal succeeds the introduction of the Common Arrest Warrant where a person can be extradited to another EU country.
The first such Irish warrant was issued by gardaí yesterday to the British authorities for a man accused of stealing a yacht in Cork and two Rolex watches.
The evidence received on foot of such a warrant would be recognised by the courts in all member states in criminal trials and expands the growing co-operation between member states in criminal matters.
The warrant will cover all objects, documents and data for use in legal proceedings, including copies of criminal records, DNA samples and bank accounts.
The warrant could not be used by police to gather new evidence against a person, though Justice Commissioner Antonio Vitorino said this could be covered by a future warrant.
Ministers from several countries, including Denmark and Sweden, said they were tired from having to deal with new proposals from the European Commission while Germany and the new members were concerned about the cost of implementing the warrant.
The Arrest Warrant has been adopted by just eight states including Ireland while the Mutual Legal Assistance Convention signed in May 2000 has been ratified by only three states.
