On 11 June 2025, the Minister for Justice, Jim O’Callaghan announced:
- The General Scheme of the Criminal Justice (International Cooperation Office) Bill 2025 (General Scheme) to (i) implement the eEvidence Regulation (EU) 2023/1543 (the Regulation) and (ii) transpose the Legal Representative Directive (EU) 2023/1544 (the Directive);
- the establishment of the new Criminal Justice International Cooperation Office (CJICO).
The Director of the CJICO will operate as the designated (i) enforcing authority under the Regulation and (ii) central authority under the Directive.
The eEvidence Regulation and Directive
The eEvidence Regulation creates a mechanism for EU member states to issue cross-border orders compelling in-scope service providers to preserve and/or produce relevant user data to authorised authorities in the EU. The Regulation enters into force on 18 August 2026 and the Minister announced that he expects an excess of 300,000 production orders to be received by Irish service providers on an annual basis under the Regulation.
The Directive requires service providers to designate one or more addressees for the purpose of receiving orders and decisions under (i) the eEvidence Regulation, (ii) the EIO Directive and (iii) mutual legal assistance (MLA). The Minister announced that he expects over 600 service providers to designate an “addressee” under the Directive in Ireland.
The EIO Directive is the only instrument in the list that Ireland does not currently participate in based on a decision in 2010 by the Irish government to not opt-in to EIO Directive under Protocol 21. The EIO Directive created the European Investigation Order which can be issued to request data from service providers including real-time interception orders for communications (i.e. wiretaps). The Irish government has promised for a number of years that it would update its interception laws to enable interception orders to be issued against number-independent communications services (e.g. online call and messaging services) to align with the expanded definition of electronic communications in the EU. The announcement includes a statement that the Irish government has approved to incorporate other international co-operation instruments, such as the EIO Directive into the implementation of the e-Evidence Package – which will require the Irish government to update its interception laws.
Key Highlights of the General Scheme
As expected, the General Scheme aligns broadly with the requirements under both the Regulation and Directive. It includes the following notable provisions:
- Creation of the CJICO and designation of the Director: The General Scheme designates a Director to lead the CJICO who will be appointed by the Irish government to act as both the enforcing authority (under the Regulation) and the central authority (under the Directive).
- Mutual legal assistance: The General Scheme has a note to indicate that the Director may in the future be also appointed the central authority under the existing Irish mutual legal assistance regime – which is currently designated to the Minister of Justice.
- New investigatory power for the CJICO under the Directive: The Director has investigatory powers to (i) search premises and (ii) request individuals to attend or produce evidence to the Director as part of an investigation into a suspected breach of the Directive. It is a criminal offence (i.e. fines of up to €50,000 and 5 years imprisonment) to fail to comply with a request or obstruct an investigation.
- Sanctions:
- €20 million or if greater, 10% of the relevant turnover from the preceding financial year cap for breach of obligations under the Directive.
- Up to 2% of the global annual turnover from the preceding financial year for breach of obligations under the Regulation.
- Appeals Process: Service providers have 28 days to appeal a decision of the Director to the appropriate court (Circuit Court where the fine is under €75,000, High Court for all other cases).
- Judicial review of CJICO decisions: No specific judicial review framework for decisions taken by the CJICO outlined in the General Scheme. In these circumstances, the rules for judicial review as prescribed by Irish case law and Order 84 RSC apply.
- Addressee designations under Directive due 18 August 2026: Service providers must designate one or more addressees for the purpose of receiving orders and decisions under (i) the eEvidence Regulation, (ii) EIO Directive and (iii) mutual legal assistance (MLA) regime by 18 August 2016.
Next Steps
The Bill will now be sent for drafting and pre-legislative scrutiny. The Minister has not indicated an anticipated date or timeline for finalising or enacting the Bill, but governments of EU Member States have until 18 February 2026 to transpose the Directive and until 18 August 2026 to implement the Regulation.
If you have any questions, please contact John Cahir (jcahir@algoodbody.com) or Raaj Zutshi (rzutshi@algoodbody.com)