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Dáil Éireann debate -
Tuesday, 23 Oct 2012

Vol. 773 No. 18

Europol Bill 2012: Second Stage (Resumed)

Question again proposed: "That the Bill be now read a Second Time."

I acknowledge the presence of the Minister for Justice and Equality, Deputy Alan Shatter, and thank him for attending. In the past ten years individuals involved in trying to protect the State and the other states of Europe have been facing ever-increasing sophistication among the perpetrators of international crime. Whether in regard to money laundering, prostitution rings throughout Europe or the kidnapping of children, the bar has been raised for law enforcers. The primary purpose of the Bill is to give effect to the EU decision establishing Europol. From the point of view of our small nation, one of the biggest problems for us is the length of the coastline. It is a well known fact that what goes on in our waters during the hours of darkness is frightening. It is a well known fact that boats pull up alongside each other in the middle of the night and that the necessary resources are not available to police such activity. Anything could be changing hands when this is happening.

I do not intend to belittle it but it could be something as straightforward as illegal cigarettes changing hands from one boat to another or it could be something as horrifying as people who have been abducted in one country being brought to another country under the cover of darkness. I support any measure that will help to fight organised criminals.

I thank the people who work in the Irish media who expose organised criminal gangs and in so doing put themselves in danger. A number of newspapers put much time and resources into crime coverage and but for their efforts, criminals would have a much freer hand. I compliment the Garda Síochána on its excellent work, especially since they are dealing with a completely different type of criminal to those who were operating ten or 20 years ago. The criminals have considerable resources available to them and they are highly organised. They use all types of modern technology to try to evade detection and arrest. I will support the Minister for Justice and Equality in any way to ensure that we win the fight against organised crime. It is important to employ proper resources on the streets and in coastal areas at night to tackle highly illegal activity. It is difficult to police coastlines. I compliment the work that has been done in bringing the Bill before the House. I thank the Minister and support the Bill.

Criminal intelligence analysis has been recognised by law enforcement as a useful tool for more than 25 years. It is successfully used within the international community. While there are many definitions of criminal intelligence analysis in use throughout the world, the definition agreed in June 1992 by a group of 12 European member states and Interpol, which was subsequently adopted by other countries is as follows: the identification of and provision of insight into the relationship between crime data and other potentially relevant data with a view to police and judicial practice.

Europol is the European Union’s criminal intelligence agency. It was established in 1995 under the Europol convention. However, owing to difficulties with amending conventions which require lengthy ratification by member states it was agreed to replace the convention with an EU Council decision. The primary purpose of the Europol Bill 2012 is to give effect to the 2009 EU Council decision establishing Europol.

In 2008 the Houses of the Oireachtas approved the adoption by the State of the Council decision. The previous convention was given force of law in the State through the Europol Act 1997. When the Bill is enacted it will repeal and replace the Act. Unlike a convention however, a Council decision requires that each and every aspect of the instrument with a domestic impact must be provided for in legislation. For that reason the Bill is significantly more detailed than the Europol Act 1997.

Europol’s activities could be broadly categorised as information management on the one hand, and semi-operational tasks on the other. Europol interacts with member states through national units within each state where it has been established. The national unit in this country is within An Garda Síochána. While incorporating the provisions of the convention and its protocols the Council decision also introduces some new features to Europol. They include an extension to Europol’s mandate. Organised crime was originally the sole focus of Europol’s activities. The Council decision largely reflects the provisions of the convention. However, it removes the requirement that an organised criminal structure must be involved before Europol can act. It will now be sufficient for the crime concerned to be a serious offence involving two or more member states. These offences include the main transnational crimes such as drug trafficking, terrorism, money laundering and also include murder and kidnapping.

Two months ago in my constituency the drug-related killing of Alan Ryan took place in Clongriffin. The cold-blooded killing was carried out in broad daylight in front of young children who are still traumatised by what they saw. I welcome the changes to the structure of Europol that will make it easier for the organisation to take action against serious crime within the European Union such as drug trafficking, terrorism, money laundering, murder and kidnapping. We are all aware that such crimes are becoming more prominent in society and must be tackled. In the Irish context we have seen in the past decade how Irish drug lords are running their operations from Spain and the Netherlands. We have also seen how subversive organisations have attempted to smuggle weapons into the European Union. The Bill will help law enforcement agencies to gather intelligence on such activities and to work together to break down criminal and subversive organisations across the borders of EU member states, which will save lives and ensure the well-being of EU citizens in this country and elsewhere. I support the Bill and commend the Minister.

I welcome the opportunity to speak on the Europol Bill 2012 which will enable this country to implement an EU Council decision establishing the European Police Office. The objective of Europol is to improve effectiveness and co­operation of the law enforcement authorities of member states in preventing and combating organised crime, terrorism and other forms of serious crime affecting member states.

As a Deputy for Cavan-Monaghan, cross-Border co-operation between the Police Service of Northern Ireland, PSNI, and the Garda Síochána is something I wholeheartedly support and encourage. It is an area on which we must expand further. Only last week, I attended a special meeting of Clones Town Council to discuss dangerous driving practices, including diffing and doughnuting, on the A3-N54 Clones to Cavan road. This has been a long-running issue in the area and a number of constituents have contacted me to outline their concerns. I wish to quote from a letter received from one constituent which clearly outlines the problem:

On Sunday 6th March 2011 at approximately 5 p.m., my daughter was travelling back to her home in Portarlington when on the Clones/Cavan concession road, a car (with lots of spectators) did a 'doughnut' in the middle of the road as she was driving along. It was touch and go to being a tragedy which left her shaken and scared.

That is typical of what happens on the road currently. I received the letter in March 2011 but unfortunately the problem still persists and it is clear that action must be taken or a fatality is inevitable. The problem lies in the fact that the road in question crosses the Border at a number of points between Northern Ireland and the Republic of Ireland. While I commend members of PSNI and the Garda Síochána, who I know are doing their utmost to police the area as effectively as possible, unfortunately, due to the legal restrictions involved, neither force has the authority to enter the opposing jurisdiction to make an arrest. That is proving to be a major problem in apprehending those responsible. I previously raised the matter with the chief superintendent of the Garda Síochána in Monaghan and I also met the chief inspector of PSNI in Fermanagh to discuss the matter. Following those discussions, it was clear that in order for the problem to be properly addressed that further powers must be extended to PSNI and the Garda Síochána.

I previously raised the issue with the Minister and suggested that the Schengen Agreement could be examined as a means to resolving the situation. Under the Schengen Agreement, police forces in a number of EU countries have the right to chase suspected criminals across borders. The Minister previously advised that in their applications to participate in the Schengen Agreement, neither Ireland nor the United Kingdom will sign up to Article 41, which provides for hot pursuit across international borders. I appreciate that in order for the approach to be effective both this country and the UK would have to opt in, and in that regard I urge the Minister to pursue the matter seriously with his counterpart in the UK.

I am pleased to be a member of the recently established North-South Inter-Parliamentary Association, which represents further progress in the implementation of the Good Friday Agreement and provides a unique opportunity for politicians from north and south of the Border to maximise co-operation for the benefit of the people we represent.

I believe this should be the same for our respective police forces. Diesel laundering is another major problem in the Border region and this could also be addressed more comprehensively by allowing the PSNI or the Garda to enter either jurisdiction and make an arrest.

Europol is the perfect example of how joined-up thinking and co­operation between member states can work to prevent and combat crime. To date, substantial work has been carried out in the areas of organised crime, illegal immigration and prostitution. We should take this positive framework and further build upon it at national level in terms of cross-Border policing.

I am very happy to speak on this Bill. Europol has been in existence since 1995 and over the years has done very valuable work in tackling cross-Border crime. Until now its existence was based on an EU convention which has been subject to many amendments and subsequent protocols that in turn were subject to lengthy ratification procedures by member states. As a result, it was decided to replace these instruments with a European Council decision which will ease any future amendments.

This Bill is significantly more detailed than the existing Europol Act in that every aspect which has a domestic effect must be provided for in this legislation. It is important to note that, under the convention, Europol had the status of an intergovernmental organisation and was funded from contributions from member states. The establishment of Europol under a Council decision gives it the status of an agency of the European Union. In consequence, it will be funded from the general budget of the European Union.

There are various types of criminals who have high levels of sophistication. These criminals are developing new techniques, use modern technology and up-to-date communications. This makes it imperative that Europol can be flexible in its approach as a crime-fighting organisation. Changes to keep up with the criminal world need to be made as simply and as quickly as possible. The core objective of Europol under the Council's decision is to improve the effectiveness and co-operation of law enforcement authorities of member states. The focus is on preventing and combating organised crime, terrorism and any other forms of serious crime that affect two or more member states. Originally, organised crime was the sole focus of Europol's activities. From now on it will be sufficient for the crime concerned to involve a serious offence such as unlawful drug trafficking, money laundering, illegal immigrant smuggling, trafficking in human beings, illicit trade in human organs, racketeering and extortion, computer crime, and many other criminal activities.

The Europol police force is mainly made up of officers seconded from national agencies. An Garda Síochána and the PSNI, as well as officers from Revenue and Customs and Excise, work together and with others across Europe to combat crime and in co-operation with police and law enforcement agencies throughout the world. Crime and crime bosses do not recognise borders, as the Minister pointed out. No member state, including Ireland, can avoid the impact of international crime. The very nature of this crime requires the co-operation of several states to ensure an effective response.

Europol provides very necessary support and co-ordination to national law enforcement agencies, and this helps to make Europe a more secure and safer place for all its citizens. Some citizens may have concerns about the accumulation of personal data on a Europe-wide basis. It must be noted that data under the Act are subject to the provisions of the Data Protection Acts. This Council decision formally puts in place a data protection officer and also guarantees the independent nature of this officer's role. In addition, section 13 of the Bill provides for access by individuals to personal data. This will ensure that any data held by Europol can be examined by a citizen to ensure that they are fair and accurate.

This Bill will strengthen Europol in combating crimes that increasingly move across borders. Without Europol, combating such crimes would be almost impossible. I am happy to commend the Bill to the House.

I thank all the Deputies who spoke and for the support they expressed for this Bill. The legislation is substantially supported on both sides of the House by a variety of Members. In particular, I thank Members of the Government parties, Fine Gael and the Labour Party, for their support.

I am still somewhat confused by the contribution made by Deputy Mac Lochlainn of Sinn Féin who seemed to stand out from everyone else in his contribution. I am not entirely sure whether he opposes the Bill or opposes Europol, whether he disagrees only with aspects of this Bill or whether it is aspects of the provisions adopted at European level that relate to Europol with which he disagrees The best I can say is that he believes something should be done about crime but he has a mental reservation as to whether he can support the mechanisms provided in this legislation and the entire supportive framework Europol provides to members states, including this one.

It is no harm to remember the central objective of the Bill in the context of the contribution Europol makes. I refer to the Schedule of the Bill which provides the detail of the Council decision in Article 3: "The objective of Europol shall be to support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combating organised crime, terrorism and other forms of serious crime affecting two or more Member States."

The Council decision further details in Article 5 the various tasks of Europol, including principal tasks, which in effect are the collecting, storing, processing, analysis and exchange of information and intelligence; notifying the competent authorities of the member states - in our case the Garda Síochána - without delay of information concerning intelligence and about any connections identified between criminal offences; aiding investigations in member states, in particular by forwarding relevant information to the national units - ours again being the Garda Síochána; asking competent authorities in member states to initiate, conduct or co-ordinate investigations and to suggest the setting up of joint investigation teams in specific cases; to provide intelligence and analytical support to member states in connection with major international events; and to prepare threat assessments, strategic analyses and general situation reports relating to objectives, including organised crime threat assessments.

These are all objectives that should be supported by Members of this House, along with the setting up of joint investigation teams in specific cases involving organised crimes that impact on two or more member states. This is an obvious commonsensical measure to which, for some reason, Deputy Mac Lochlainn announced his opposition. This is important legislation. Europol plays a very important role. There is accountability within the provisions relating to Europol with regard to the manner in which it conducts its affairs in the context of its funding and its operations in so far as the European Parliament has given it an expanded role under this Council decision.

I very much welcome the support for the Bill. I listened with interest to various issues, some of a technical nature, that were raised by Deputies and I look forward to addressing those in some detail on Committee Stage. It would not be appropriate to go into some of the details now.

Again, I thank Members of the House for their contributions. Some strayed beyond the Bill before the House but understandably they addressed issues of law enforcement and criminality that are of concern to them as Members in this State. In the context of what was said, I assure Members that the Garda and the work it is doing have the full support of me, as Minister, and of the Government

I know many Deputies will welcome that we found savings of €3 million which has facilitated the purchase of 170 new Garda cars before the end of this year. I assure Members that we anticipate there will be funding next year to purchase more cars.

I will revert on Committee Stage to some of the issues raised.

Question put and agreed to.
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