Vol. 518 No. 2
12 Mr. Flanagan asked the Minister for Justice, Equality and Law Reform the reason it appears the State neglected and refused to co-operate fully with federal prosecutors in relation to a mutual assistance request received from the US authorities on allegations of attempted gun running between here and Florida. [11125/00]
The assumption on which this question is apparently based is quite incorrect. There was no question of a refusal on the part of the Irish authorities to co-operate fully with the United States authorities in fulfilling this mutual assistance request. The execution of the request, which in its original form was very wide-ranging in nature, has been complicated by the fact that there are continuing Garda investigations into alleged related offences in this jurisdiction and the evidence sought is also required for the purposes of the investigations here. As confirmed by advice of the Attorney General's office in this case, it is a general principle of international mutual assistance arrangements that where evidence is required for a domestic investi gation or prosecution, the fulfilment of a request for mutual assistance may be delayed until the domestic aspects of the case have concluded.
This position was brought to the attention of the US authorities and they and the Garda authorities have held discussions on possible ways of accommodating the US requirements. The successful outcome of these discussions has been facilitated by the fact that the US authorities have indicated that the evidence which they now require is much narrower in scope than that sought originally. I have been informed by the Garda authorities that some of the material has already been forwarded to the US authorities and the remainder will be handed over for the period of the trial and then returned to this jurisdiction. Several gardaí will also travel to the United States, as requested, to give evidence in the case.
On a more general note, the United States and Ireland are on the point of finalising the text of a bilateral mutual legal assistance treaty in criminal matters. The proposed treaty will put the present informal mutual assistance arrangements which exist between Ireland and the United States on a formal footing. The general principle to which I have referred will be reflected in a provision in the treaty to the effect that a domestic investigation or prosecution will take precedence over an investigation or prosecution into the same set of facts in the requesting country.
Is the Minister saying that the Government did not block moves by the federal prosecutors in the US to interview 12 witnesses from Ireland who could provide vital evidence on the importation of 100 pistols and a number of machine guns to Northern Ireland in recent times? Can I take it from the Minister's reply that any blockage on the part of the Government has been removed and that there will be full co-operation between the Irish State and the US authorities? Will the Minister confirm whether that co-operation will include the availability, on a voluntary basis, of Garda officers to give evidence when required to do so?
There was neither blockage nor involvement by the Irish Government. I emphasise that there was no question of a refusal by the Garda. As I explained, a difficulty arose because of the need not to prejudice the related Garda investigation and any subsequent prosecution in this jurisdiction. Following discussions between the Garda and the US prosecutor, the situation has been resolved. I do not have information in regard to the position of the RUC on this matter. However, I note that the newspaper report makes no reference whatsoever to a related investigation by that force and I am not otherwise aware of any such investigation. That would be a crucial point of difference from the position of the Garda.
Will full co-operation be provided?
Yes, full co-operation has been provided already.
Written Answers follow Adjournment Debate.
