Strengthening Justice in the Digital Age: Ireland’s Leadership under the EU e-Evidence Regulation

Good morning, everyone.

Ladies and gentlemen it’s a very great honour for me here this morning. I welcome Mr. Justice Birmingham, former Garda Commissioner Noreen O’Sullivan, and all the distinguished guests here.

I also want to, not that I need to, excuse the Garda Commissioner who obviously has much more important matters to deal with this morning. Can I just take the opportunity to commend An Garda Síochána for the work they put in last night. I know we are here to discuss the complexity and advancement technologically in terms of the criminal sphere and how we response to it. But very much of the policing that An Garda Síochána are still required to do involves keeping people physically safe and ensuring that the State is not undermined through violence and I want to thank the Gardaí for the excellent job they did last night in keeping the people of this country safe.

I want to also say that It is a pleasure for me to be here at this important symposium on the EU’s e-Evidence Package — which is a cornerstone of Europe’s administration of justice in the digital sphere.

In a time where so much of our lives are lived online, electronic evidence is often central to the investigation and prosecution of crime.

Whether its organised crime, cyber fraud, or child exploitation, access to timely and reliable digital evidence with due consideration to citizen’s privacy concerns, can make the difference between justice served and justice denied.

Today’s symposium is about more than regulation. It’s about building shared understanding about how we can work together to overcome challenges to make the e-Evidence package work in practice.

The EU’s e-Evidence Package, [comprising Regulation (EU) 2023/1543 and Directive (EU) 2023/1544] represents a key reform that provides a clear, legally certain, and efficient process for law enforcement in one Member State to request electronic evidence from service providers established in another.

Ireland plays an important role in this system. We are a digital hub within Europe and home to many of the largest global tech companies, as well as small to medium service providers. This brings many opportunities and benefits, certainly to the Irish economy, but also what comes with it, our responsibility.

For that reason, how Ireland implements this framework will have consequences not only for our justice system, but for digital governance across the EU.

Accessing data across borders at times can mean delay, complexity and legal uncertainty. Investigations that need to keep pace and move at internet speed have been embroiled in 20th-century procedures.

The EU’s e-Evidence Regulation and Directive, aims to change that, by creating a single, clear system for Member states.

It is a transformative shift ladies and gentlemen, much like the introduction of the European Arrest Warrant many years ago. That work redefined how we handle suspects across the EU.

E-Evidence will redefine how we handle data during investigations.

Ireland’s role is central to implementation of the E-evidence package. It is expected that over 600 service providers could designate their ‘addressee’ in the State, and it’s estimated that the number of production orders issued to those service providers will be in the hundreds of thousands annually. I’m aware that will also impose a very significant burden on those service providers.

This has significant implications for Ireland’s tech sector and criminal justice system. How we implement this framework matters well beyond our borders.

Progress will enhance Ireland’s reputation as a hub for digital regulation and ensure effective and timely access to digital evidence in tackling serious crime to the benefit of all EU citizens.

An Implementation Team was established within my Department earlier this year. This demonstrates our commitment to successfully implementing the e-Evidence package.

And in June, Cabinet approved the drafting of the Criminal Justice (International Cooperation Office) Bill 2025, which establishes the Criminal Justice International Cooperation Office (C.J.I.C.O) - which will be the new Office that will coordinate Ireland’s participation.

Complementary work continues with the Protection, Preservation and Access to Data Bill 2024, which I’ll speak about a bit more presently. This will empower Irish courts to issue the relevant European Production and Preservation Orders.

Ireland is fully committed to implementing the e-Evidence package and we are actively working towards the remaining deadlines of 18 February 2026 and 18 August 2026, and I think it’s important that we meet those deadlines particularly seeing as we are taking over the presidency of the European Union on the 1st of July next year

As you’ll be aware these are ambitious timelines, but they reflect the urgency of equipping law enforcement and judicial authorities to operate effectively in the digital realm.

Criminal Justice International Cooperation Office

The Criminal Justice International Cooperation Office (CJICO) will serve as Ireland’s competent authority for most of the roles required under the Regulation and Directive.

It will be a central hub for digital and judicial cooperation and will bring coherence, efficiency, and expertise to Ireland’s international digital cooperation in criminal justice.

The Office will be responsible for not only the transmission and receipt of orders and notifications but will also hold an enforcement responsibility for production orders, with powers to impose financial penalties for non-compliance.

As a supervisory body there is also a responsibility to ensure that service providers are adequately resourced to process requests.

I expect the Office to grow in phases, reaching full operation in the coming years.

By investing in this office and centralising these responsibilities we can ensure that Ireland speaks with one clear, expert voice in EU and global regulatory fora.

This in not only about compliance, but also about leadership. It is an opportunity to enhance Ireland’s position as a European hub for digital regulation and a trusted partner in international justice.

For law enforcement, it means faster, clearer, and legally secure access to the evidence needed to tackle serious crime.

For service providers, it means predictability, proportionality, and a single point of contact.

And for citizens, it means confidence that their data and rights are protected, as we enhance our capacity to fight crime in the digital age.

The International Cooperation Office will also provide the foundation for future cooperation plans, including the European Investigation Order Directive, should Ireland opt-in and other international criminal justice cooperation instruments.

I suppose that one of the issues that people will be concerned about is how an individual’s private data will be safeguarded under the article and the directive and regulation will provide the framework for accessing electronic evidence some of which as you may know will include personal data in the context of cross-border criminal investigations.

The regulation provides that access to personal data through the mechanism of the European Production Orders will be subject to existing Data Protection rules and principles. In particular, the regulation reiterates the requirements of necessity and proportionality and sets out the key safeguards in this area including the limitations on the types of data that can be requested and the ability for enforcing States to object to orders under certain circumstances.

The EU e-evidence package will be implemented in a manner which respects fundamental rights and freedoms including individuals’ rights to privacy and data protection.

Criminal Justice Protection Preservation of and Access to Data Information Systems Bill

I also want to briefly talk about other legislation that is been drafted in support of the e-evidence package and as I mentioned earlier the Criminal Justice Protection Preservation of and Access to Data Information Systems Bill is also being drafted within my department. This Bill will provide that the competent Irish authority to issue European production orders will be designated judges of the district court.

I suppose as we look at the role of the international cooperation office people may asses and wonder what will be the future roles of it and I think it is important to emphasise that in addition to roles under the EU e-evidence package its anticipated that the office could take on additional roles in the Criminal Justice International Cooperation sphere in the future. This may include functions related to terrorist content online regulation, European investigation orders, should we opt in, mutual legal assistance, European arrest warrants, domestic production and investigation orders and indeed the EU US Cloud Act Agreement

The implementation of e-evidence package is taking into consideration of other international instruments such as the UN convention against cybercrime, and the Council of Europe Budapest convention.

Future consideration will be given to the various international cooperation measures and whether there are functions that might appropriately sit with the International Cooperation Office in due course.

In terms of the EU US cloud act agreement if negotiations continue that Cloud Act Agreement could also fall withing the scope of the International Cooperation Office’s function, and this agreement acts as an addendum to the e-evidence package by improving existing processes of service providers based in Ireland to respond to incoming access requests from the United States and equally the processes for Irish law enforcement in access to data held by US service providers.

Upon conclusion of negotiations, Ireland will be required to decide whether to opt in to the agreement in the proposed office for International Cooperation could fulfil functions of Ireland’s competent authority for the future EU US Cloud Act Agreement assuming a positive decision on Ireland’s participation.

I also just want to refer to the European Investigation Orders Directive, on the 8th of July last I obtained government agreement in principle to progress Ireland’s opt in to the European Investigations Order Directive.

A general scheme to transpose the directive will facilitate this opt in which is being prepared with a indicative timeline for completion of submissions later this year.

A final decision whether Ireland will finally opt in to the EIO directive is subject to approval obviously of the houses of the Oireachtas. Ireland will not have opted in to the EIO by the time the e-evidence directive comes in to application on the 18th of February 2026.

Conclusion

So can I just conclude ladies and gentlemen by stating that the e-Evidence package is more than a piece of legislation, it is a demonstration of how democracies can adapt to the digital age.

It challenges us to uphold justice across borders, to safeguard privacy while ensuring accountability, and to deliver security without sacrificing freedom.

Ireland is ready to meet that challenge.

Through the establishment of the C.J.I.C.O and our Criminal Justice international cooperation and leadership in digital regulation and by leveraging the vast expertise in this room, we can confirm our commitment to building a safer, fairer, Europe. And I think this symposium today is a very important part of ensuring that Ireland does transpose the EU Package directive in an important and coherent manner. And I want to thank you for organising.

Go raibh maith agaibh.

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