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Seanad Éireann debate -
Wednesday, 28 Mar 1990

Vol. 124 No. 11

Adjournment Matter. - Policing Implications of Open Borders.

I would like to welcome the Minister to the House this evening to deal with the important implications of policing Europe post-1992. Great efforts have been made in the veterinary and fisheries areas to prepare the structures for the open trading post in 1992. In fact, economic legislation is far advanced. Less thought or action has been devoted to the possibilities open for international crime, especially in the area of terrorism, the illicit arms trade and drug trafficking.

In June 1985 a White Paper issued by the Commission of the European Communities outlined the philosophy behind the move towards open borders in 1992. It states:

The specific measures set out in the timetable aim to eliminate barriers of all kinds, physical, technical and fiscal. They would have an impact directly or indirectly on the lives of all Community citizens and on the functions of Community enterprises of all kinds. By 1992, Community citizens would for the first time be free to move within the Community without systematic checks on their identity or personal belongings; goods would be free of all controls at internal frontiers; Community manufacturers would be able to market their goods freely on the basis of mutually agreed standards throughout the Community; and the enterprises would be relieved of the current obstacles to providing cross-Border services.

There is no doubt about the commitment of the European Community towards the goal of open borders post 1992. The removal of these frontier checks within the Community will create a situation similar to that in the United States, which has a police system consisting of state forces plus an overall non-uniformed countrywide force in the Federal Bureau of Investigation. This system has given rise to dissatisfaction in the United States. Association of Chiefs of Police President, Colonel Robert Landon, has noted in the magazine The Police Chief:

At present there is no apparatus available to help our nation mobilise, co-ordinate and focus our multiple law enforcement efforts. Law enforcement at the State and local levels need a collective voice at the national level.

He is supported by incoming President John D. Casey, who stressed that crime was primarily locally orientated and that there was a desire to limit federal intervention as much as possible but that there had been an enormous and excessive duplication of State and local government agencies to the extent that there was now more than 17,000 law enforcement agencies nationwide in the United States. Mr. Casey stated:

As a nation it has left us unable to come to grips with our collective crime control problems. The staggering crimes statistics reflected annually in the FBI's Uniform Crime Reports stand as an indictment of our inabilities as a people to establish a common stronghold against crime.

He urges a common front against crime and with agreed strategies and remedial measures that focus resources, efforts and expertise and argued that such an approach should be used to tackle the crime problem especially in relation to the drugs problem. It is widely acknowledged by police and by others that the drug problem in the United States is totally out of control. The fragmentation of police forces in the United States has thus been a positive advantage to the criminals who have the freedom to move from state to state while local police jurisdiction ends at the state line.

A similar system will exist in Europe after 1992 with the added disadvantage that there is no system similar to the FBI with cross-border powers. I would be pleased if the Minister would give his views on this. It is important that detailed consideration must now be given to this aspect of the situation and remedies considered. One such consideration which has been promoted is the creation of a uniformed European police force with authority to cross borders and arrest suspects for certain scheduled offences like drug selling, arms trafficking and other scheduled offences. I can see that there would be obvious difficulties with our Garda on this issue and I would like the Minister to give us his views on this. I am aware that there is co-operation at a certain level between the European police forces through Interpol, the TREVI and Pompidou groups. The deliberations of these groups are quite secretive and I feel that the citizens of Europe and the citizens of this country need reassurance on this issue. Indeed, the criminals throughout Europe must know what plans are afoot to ensure that there is a deterrent against the action which they will take post 1992.

In the light of the massive scale of international criminal activity, drug trading, terrorist activities and so on, it is important that the police forces of Europe integrate into a cohesive unit which will have adequate resources to carry out detailed research into the problem, formulate laws and strategies to combat it.

In relation to the drugs problem a committee of inquiry in 1986 reported:

Urgent action is needed to improve co-ordination and efficiency of all law enforcement agencies involved with drug trafficking across the Community. The trafficker operates on a multinational basis which knows no boundaries and the war against organised criminal drug organisations will be lost unless we co-ordinate our forces in a similar way. Therefore, we urgently recommend that a European Community Drugs Task Force be set up to be modelled on the existing United States Task Force Programme and adapted for Community use with all possible improvements. The relevant department of Interpol should be expanded, reorganised on the basis of a number of principles and recommendations suggested in this report and given financial backing.

I would like the Minister to update us on the position regarding this. It is frightening to note that between 5 and 10 per cent only of drugs are recovered by the security forces each year. It will be difficult under the best circumstances to combat this. Open borders will facilitate even more the distribution of drugs throughout the European Community member countries. The European Cornmission in 1987 issued a report entitled Target 1992 — Europe Without Frontiers; Towards a Larger Internal Market. This report stated:

... frontier police checks, which are often part of the fight against terrorism, drugs or crime, are to be eliminated. This would have to be accompanied by greater co-operation between police authorities, closer approximation of national laws on arms and narcotics, tighter controls on the Community's external frontiers and harmonisation of rules for persons from third countries and for visa policy.

In an open border situation an essential ingredient in the fight against criminal activity is the harmonisation of laws within the European Community countries. In the event of disparities in the laws continuing, criminals will centralise their operations in the country which is perceived to have the most lenient legislation in the areas of penalties, the seizure of assets and so on. Using that country as a base, criminals, drug dealers, illicit arms traders, terrorists and so on will farm out their illegal activities to the other countries. I would like to ask the Minister to inform us of what measures have been taken by the European Community and by the Irish Government to ensure that no country, including this country, offers a refuge in this way. I ask the Minister to inform the House also if the harmonisation of police powers and abilities have been considered by the EC. A country which is perceived to have a police force which is deficient in terms of manpower, training and equipment will also attract criminals as a centre for their operations. Has the Community taken action to initiate plans to correct any imbalance between the police forces of the EC? The disadvantage posed by the continuing existence of a national frontiers to police action post 1992 should be studied and solutions posed.

I would appreciate also if the Minister would inform the House if the EC have investigated the international banking situation as an unwitting facilitator of depositing proceeds for criminal activity. International banking legislation and conventions of secrecy at present facilitate the safe disposal and concealment of the vast profits made from criminal activity. While I accept that the confidentiality of legitimate financial transactions must be maintained, I would ask the Minister if any progress has been made to devise means of detecting quantities of funds from criminal activities within the legitimate banking system and if there are any proposals to make the laundering of such money impossible.

The difficulties with open borders were highlighted by the problems which arose on the experimental arrangements between France, Germany and other mid-European countries under the Shengen agreement. Some of the Shengen groups have very grave reservations about the situation under open borders and are pulling back from the arrangement.

I would also like to ask the Minister if the European Commission have considered the policing implications post 1992 of the opening up of eastern European borders especially in the context of the movement towards German unity. Do we know the policing policies, training, rules and procedures of the police forces of eastern Europe, especially the police force of eastern Germany? How are they recruited and controlled? The repressive nature of the totalitarian regimes in operation heretofore may remain with a police force trained under such conditions. Have the EC considered this situation? I ask the Minister to comment on these matters. I thank him for being here and listening to me. I ask him as a member of the Government which holds the Presidency of Europe, and I ask it in a European context as well as in a national context.

First of all, I would like to thank Senator Neville for raising this important matter. I am pleased to have the opportunity of informing the House on the current position relating to the Community's preparation for the policing of open borders post 1992.

The implications for policing which arise from the removal of internal frontiers in the European Community have been under examination by the TREVI group for some time. This group was set up in 1975 when the European Council decided that Community Ministers of the Interior and Ministers for Justice should meet to discuss matters arising in the field of their responsibilities, in particular, matters relating to law and order. The first such meeting took place on 29 June 1976 at which Ministers affirmed their common will to strengthen co-operation in their fight against organised international crime and terrorism. Ministerial meetings have continued to be held at regular intervals since then and successive Irish Ministers for Justice have participated in them. In addition, meetings involving police officials and officials of the Ministries of the Interior and/or Justice are held on a regular basis to discuss different aspects of the matters with which the TREVI organisation is concerned. In the first half of 1990 these meetings are being held in Dublin under the Irish Presidency.

A special working group of TREVI has been set up to study the implications of the proposed removal of border controls within the European Community at the end of 1992 and the action to be taken at European level to deal with terrorism, illegal drug trafficking and international organised crime. This group has met frequently and continues to meet under the Irish Presidency. The specific objective of this group is to draw up proposals for measures to strengthen police co-operation among EC member states after the implementation of the Single European Act. Any such proposals would, of course, have to be adopted by TREVI Ministers.

At their meeting in Paris on 15 December 1989, the TREVI Ministers adopted a joint declaration on improving police co-operation with a view to 1992. This declaration was designed to inform the public about the spirit and direction of the work of TREVI vis-á-vis 1992. It set out general guidelines for future TREVI work in this context. The declaration stresses first and foremost the opportunities which the removal of internal frontiers will bring. At the same time it recognises the development of organised crime across frontiers — crime such as terrorism, drug trafficking and other serious criminal activities. It also recognises that appropriate measures to tackle these problems would have to be taken within a context of commitment towards individual and collective freedoms, human and civil rights and the rule of law. The declaration outlines areas of co-operation to be developed — in relation to the communication and exchange of information; enhanced forms of co-operation at both external and common frontiers; technical training and progress and the development of structured contacts with non-EC countries.

More detailed proposals which would expand on these principles and guidelines are at present under consideration within the framework of TREVI. One of the main priorities of our Presidency of TREVI will be to secure agreement at the Minister's meeting in June next on the more detailed list of measures to be implemented in relation to police co-operation in the context of 1992.

Specifically, as regards the drugs problem, the Minister has indicated that he is anxious to ensure the continuation and further development of international police co-operation measures to combat drug trafficking. Towards this end a special Working Group meeting was held in March in Dublin on the subject of technical police co-operation between the EC member countries and producer and transit countries which are struggling against drug trafficking. It is also the Minister's intention to devote a special session at the meeting of TREVI Ministers in June to discussion of this topic.

The Minister is confident that the work being done in TREVI will ensure that the necessary practical police measures are in place to offset any problems that might arise from the removal of the internal frontiers at the end of 1992.

I would like to ensure the House that all aspects are under consideration by the various working groups in the specific areas of responsibility which are terrorism, training and equipment for policing, organised crimes, major drugs problems and of course, as I outlined, the question of Eastern Europe and third countries is also under consideration.

The House will be aware that the groups consist of senior officials and senior police officers from the 12 member states and they meet to foster co-operation in police work. These, of course, are then responsible to the senior officials group who oversee the work and guide the working of these groups. They in turn report to the TREVI Ministers who take the decisions.

I thank the Senator for raising this important matter and can assure him that if there are any specific questions or some matters which he did raise, I will certainly bring them to the attention of the Minister for Justice.

I would like to thank the Minister for his reply and also for his offer to take specific questions that I have raised to the Minister. I look forward to a reply. What we have heard today confirms for me that the EC and ourselves, with the Presidency of the EC, are basing our approach to the police implications of 1992 on hopes, aspirations, guidelines and reassurance. We have no hard facts as to how we are going to handle this enormous problem post-1992. We must now address this urgently. We have the opportunity to set this in train while we have the Presidency of the EC and I ask the Minister of State to convey this message to the Minister for Justice.

The Seanad adjourned at 9.10 p.m. until 10.30 a.m. on Thursday, 29 March 1990.

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