Minister for Justice, Home Affairs and Migration Jim O’Callaghan secures Government approval to publish the Criminal Justice (International Cooperation on Electronic Evidence and Other Matters) Bill 2026

• The Bill will make it faster and easier to secure electronic evidence across EU countries

27 May 2026

The Minister for Justice, Home Affairs and Migration Jim O’Callaghan has received Cabinet approval to publish the Criminal Justice (International Cooperation on Electronic Evidence and Other Matters) Bill 2026.

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.

Minister for Justice, Jim O’Callaghan said:

The Bill will be published shortly, and it is the Minister’s intention, with the cooperation of the Houses to have it enacted as soon as possible.

ENDS…///

Notes for the Editor

The e-Evidence Package is comprised of a Regulation (EU) 2023/1543 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings (‘e-Evidence Regulation’) and a Directive (EU) 2023/1544 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings (‘e-Evidence Directive’).

The implementation of the e-Evidence package, and the establishment of a new criminal justice entity, is a Programme for Government commitment.

On 4 June 2025, the Government approved the establishment of the Office of Director of Criminal Justice International Cooperation as the regulatory model for implementing the EU e-Evidence Package and the drafting on a priority basis, of the Criminal Justice (International Cooperation on Electronic Evidence and Other Matters) Bill.

The primary purposes of the Bill are to transpose the e-Evidence Directive and to give further effect to the e-Evidence Regulation. In particular, the Bill provides for:

• the imposition of an obligation on service providers to designate an “addressee” for the receiving of, complying with and the enforcement of relevant decisions or orders relating to electronic evidence;
• the establishment of Oifig an Stiurthóra um Chomhar Idirnáisiúnta Ceartais Choiriúil or, the Office of Director of Criminal Justice International Cooperation;
• the appointment of the Director of Criminal Justice International Cooperation;
• the Director to be responsible for monitoring and enforcement of compliance by service providers with the e-Evidence Regulation and their obligations under this Bill;
• the imposition of financial penalties on service providers that are in contravention of their obligations under e-Evidence Regulation or this Bill.

Ireland is obligated to give effect to the e-Evidence Directive and the e-Evidence Regulation.

The Bill will also designate the Director as the competent authority under Article 12(1)(b) of Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online, to scrutinise incoming removal orders to determine if the order infringes the Regulation or fundamental rights.

Implementation of the e-Evidence Package has significant implications for Ireland’s tech sector and criminal justice system. Progress in implementation will have a major impact on Ireland’s reputation as a hub for digital regulation and on its ability to ensure effective access to digital evidence in tackling serious crime. It is expected that up to 600 service providers could designate an ‘addressee’ in Ireland, and it is anticipated that the number of production orders issued to service providers based in Ireland will exceed 300,000 on an annual basis. Irish authorities are likely to issue an estimated 2,000 production orders to service providers in other EU Member States to further criminal investigations here.