S.I. No. 561/2011 - Criminal Justice (Mutual Assistance) Act, 2008 (Section 4) (No. 2) Order, 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th November, 2011.

I, EAMON GILMORE T.D., Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 4 of the Criminal Justice (Mutual Assistance) Act, 2008 (No. 7 of 2008), hereby order as follows:

1. This Order may be cited as the Criminal Justice (Mutual Assistance) Act, 2008 (Section 4) (No. 2) Order, 2011.

2. This Order shall come into operation on the 1st of November, 2011.

3. In this Order—

"Act of 2008" means the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008);

"Second Additional Protocol" means the Second Additional Protocol of 8 November 2001 to the European Convention on Mutual Assistance in Criminal Matters done at Strasbourg on 20 April 1959, including the Additional Protocol of 17 March 1978 thereto.

4. Each of the states listed in the Schedule to this Order is hereby designated for the purpose of Part 5, Part 6 (other than section 83), sections 97 to 99 and 103 of the Act of 2008 in accordance with the Second Additional Protocol.

SCHEDULE

Albania, Armenia, Bosnia and Herzegovina, Chile, Croatia, Israel, Montenegro, Serbia, Switzerland and the former Yugoslav Republic of Macedonia.

Given under my official seal,

1 November 2011.

EAMON GILMORE,

Minister for Foreign Affairs and Trade.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order designates the states listed in the Schedule to the Order for the purpose of mutual legal assistance under the Criminal Justice (Mutual Assistance) Act 2008 (“the 2008 Act”). Assistance will be provided under the provisions of the 2008 Act listed in regulation 4.

The designation of these states follows the ratification by Ireland of the Second Additional Protocol of 8 November 2001 to the European Convention on Mutual Assistance in Criminal Matters done at Strasbourg on 20 April 1959 (“the Second Additional Protocol”).

EU member states are automatically designated for the purpose of mutual assistance under the 2008 Act. Accordingly, the states designated under the present Order are non-EU states parties to the Second Additional Protocol.

The forms of assistance available to designated states are determined by the forms of assistance available under the relevant international instrument, in this case the Second Additional Protocol. The Second Additional Protocol is included as Schedule 9 to the 2008 Act.