I assure members that I will not take 15 minutes to complete this part of the presentation. I am a principal officer and head of the Department's security and Northern Ireland division. I am accompanied by Mr. Michael Kirrane, a principal officer in the Department's Garda division, and Mr. Fergus O'Callaghan, a principal officer in the international policy division.
Members of the joint committee will be aware that this draft Council decision is an implementing decision of an earlier Council decision. It will be helpful, therefore, to briefly outline the background and contents of the earlier decision. The threats posed by terrorism and organised crime must be tackled in a comprehensive manner by the competent authorities in all member states, working together in a collaborative manner. It is well recognised that terrorists and organised crime groups do not respect borders and it is often said that they exploit borders to their advantage. Against this background, it is the law enforcement authorities who appear to be hampered by the existence of international borders.
European Union measures to enhance police co-operation are aimed at eliminating barriers to effective police measures against terrorists and organised criminals. Police co-operation has long been a feature of the efforts of the Garda Síochána in its fight against terrorism and organised crime. Against this background, the EU is endeavouring to fill the gaps in police co-operation and information exchange. It is a multi-layered approach involving greater co-operation and exchange of information between different competent authorities, including judicial and law enforcement authorities. In January 2007, a proposal was made for a Council decision to improve cross-border police co-operation in preventing and investigating crime. A central element of this decision was the exchange of certain information between law enforcement authorities. The decision received political approval in June 2007 and currently awaits implementation.
This Council decision requires EU member states to increase co-operation in preventing or investigating cross-border crime or terrorism through a series of measures, including that member states should: maintain a national DNA database and share information from it with other member states; provide legal assistance in collecting and examining samples of DNA in connection with a criminal investigation or with criminal proceedings; maintain and share data relating to fingerprints; and share information relating to vehicle registrations.
The Council decision contains other measures to improve police co-operation, including provisions requiring member states to share information for the purpose of maintaining public order and security in connection with major events which have a cross-border dimension and to share information for the purposes of preventing terrorist offences. Other measures in the decision relate to improved police co-operation in the use of joint patrols and joint operations with officers from another member state. These particular provisions are not mandatory in the decision. A member state may decide it does not wish to participate in or host joint patrols or joint operations.
The Council decision also contains provision for one member state to afford another member state mutual assistance in connection with the policing of mass gatherings, disasters and serious accidents. Such assistance will be provided in accordance with member states' national law governing the provision of mutual assistance. As the decision is primarily concerned with the exchange of data, there are provisions relating to the protection of personal data and ensuring that data are processed only for the purpose for which they are supplied under the Council decision. Other data protection provisions deal with such matters as ensuring that data are accurate, are retained only for as long as necessary for the purpose for which they were supplied and that personal data are properly protected. They also provide that the data subject's rights are protected and that damages will be available where these rights are violated.
Finally, the Council decision contains a provision that requires the Council to adopt measures necessary for its effective implementation. The draft Council decision, which is the subject of the committee's proceedings, meets this latter requirement. It sets out a number of principles for the technical and administrative implementation of the earlier decision that I have just outlined. To achieve this, it provides for common technical specifications governing the request for information and the provision of that information in response. In addition, member states will be required to exchange information electronically via a common communications network.
Accordingly, the draft Council decision contains the following provisions. There should be common technical specifications for queries and answers concerning searches and comparisons related to DNA profiles, fingerprints and vehicle registrations. Electronic exchange of data is to take place through a secure network. Member states will be expected to maintain 24 hour, seven-day capability for automated search of data. A request for search and comparison of DNA must contain certain specific information and a response to such a request must also contain standard information.
Regarding fingerprints, there are provisions relating to their quality and that requests should be processed within 24 hours. Vehicle registration data exchange will take place using the European vehicle and driving licence information system. Furthermore, an annexe to the draft Council decision contains the detailed technical specifications.
The possible implications for Ireland in this regard revolve around the following matters. Given that Ireland has yet to develop its own DNA database, it will be possible to incorporate the relevant specifications in its development. The forensic science laboratory has confirmed that the system of profiling used by the laboratory incorporates the standards as specified in the draft Council decision.
The Garda Síochána is currently in the process of implementing a new and upgraded automated fingerprint identification system, known as AFIS. The Garda confirms that the database is compatible with the standard specified in the annexe to the draft Council decision.
The sharing of vehicle registration data will take place through the European car and driver licence information system, known as EUCARIS. Ireland is not currently a full member of EUCARIS. However, plans are in place to ensure compatibility with the system envisaged in this draft Council decision.
The annexe is the subject of discussions in a working group consisting of experts in these areas. A Council working group will also decide on a mechanism to evaluate the administrative, technical, operational and financial application of the draft Council decision. In terms of implementation of the draft Council decision, the Attorney General has advised that the approval of the Oireachtas will be necessary for the adoption of the decision. In addition, he advises that it will probably be necessary to enact primary legislation to implement the decision here.
The voting method in the Council for this decision is qualified majority voting. In summary, therefore, the draft Council decision is one more element of a comprehensive scheme to facilitate the law enforcement authorities in all the member states of the European Union in the fight against terrorism and organised crime. That concludes my presentation. If the members of the committee have any questions, I and my colleagues will endeavour to answer them.