EU evidence warrant agreed by justice ministers

IRISH authorities will soon be able to obtain evidence from other EU countries to aid prosecutions against international criminal gangs that are operating here.

European and Irish police agencies are concerned about the spread of organised crime networks across European boundaries.

In response, EU justice ministers have agreed to set up a system that will enable one member state to assemble evidence from another member state against criminals operating in their country.

The European Evidence Warrant (EEW) will cut through the red tape currently involved in securing such evidence from an EU partner state, thus speeding up the process.

“The fact that an EEW received from another EU member state will not have to be converted into a domestic warrant will result in a speedier response to the investigation of crime,” said a spokesman for the Department of Justice.

“Furthermore, the fact that there will be common rules in relation to evidential matters falling within the scope of the instrument, will mean that there will be less delays in responding to issues regarding transnational organised crime.”

The EEW will operate on a similar basis to the European Arrest Warrant (EAW), introduced in 1994, which allows an EU member state to issue a warrant for the arrest, and transfer, of a person in another EU country.

The EEW can be issued to obtain objects, documents and data in criminal proceedings.

These include:

* Statements and interviews already in existence involving suspects, witnesses, experts or any other party.

* DNA or forensic evidence in relation to a suspect.

* Communication interceptions, covert surveillance and bank account details.

* Communication data held by telecom companies.

The provision only applies where the above information has already been collected by the country receiving the EEW request.

The current instrument does not allow a request for such information to be gathered.

A spokesman for the European Commission said it would, in “due time”, draft a second instrument proposing the latter power.

The spokesman for the Department of Justice said Ireland had “no difficulties” with the framework decision, agreed by the EU’s justice and home affairs ministers.

The EEW could prove to be as beneficial to Irish and other EU police agencies as the EAW.

Garda figures show that Ireland made 59 EAW requests in 2004 and received 48 requests.