Alan Shatter
Ceist:92 Mr. Shatter asked the Minister for Justice, Equality and Law Reform if new security arrangements have been put in place here to counter international terrorism. [22308/01]
Priority Questions. - Crime Prevention.
Brendan Howlin
Ceist:93 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the matters discussed and conclusions reached at the Council of Ministers meeting on 20 September 2001 dealing with anti-terrorist measures; if the Government intends to implement all the measures proposed; the legislative or constitutional changes which will be required as a result; the steps being taken to guard against the possibility of major terrorist attacks here; the facilities or equipment available to the Garda to deal with chemical or biological attacks; and if he will make a statement on the matter. [21981/01]
Brendan Howlin
Ceist:95 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the investigations which have been held into claims that persons associated with those responsible for the recent atrocities in New York and Washington may have been living and operating here; the assistance which has been sought by the US authorities in this matter; and if he will make a statement on the matter. [21990/01]
I propose to take Questions Nos. 92, 93 and 95 together.
These questions arise in the aftermath of the evil attacks on the people of the United States. This House has already made clear its abhorrence of what occurred. I thank the Deputies who asked these questions for allowing me to outline developments in so far as my areas of responsibility are concerned.
The threat of major terrorist attacks in this jurisdiction is the subject of continual analysis and assessment by the Garda Síochána and the Defence Forces. The Garda Síochána has maintained and is fostering mutual assistance and co-operation with police forces and security services worldwide to ensure an effective flow of relevant intelligence. There has been a heightened state of security awareness at vital strategic locations since the tragic events of 11 September. Deputies will appreciate that it would be inappropriate to comment on the specifics of such arrangements.
For a number of years the Garda Síochána has maintained surveillance on a number of non-nationals whose activities were considered to warrant it. The surveillance will continue, but Deputies will appreciate that I cannot appropriately say anything further about the matter. The Garda is assisting in worldwide investigations into the recent atrocities in the United States, but it would not be prudent to comment on specific aspects of the assistance.
The EU Justice and Home Affairs Council met on Thursday, 20 September 2001 to consider the measures necessary if we are to maintain a high level of security and combat terrorism. It decided to harness all the EU measures that have already been adopted, such the 1995 and 1996 conventions on extradition between member states, Europol and Eurojust, the Convention on Mutual Assistance in Criminal Matters of 29 May 2000 and to set up an EU task force for police chiefs. The seriousness of recent events has led to an acceleration of the process of creating an area of freedom, security and justice and the stepping up of co-operation with partners, especially the United States.
The Council adopted over 40 measures to help fight terrorism within the European Union and improve co-operation with the United States. I will mention some of the principal ones. Two Commission proposals for framework decisions are to be thoroughly examined, the first on the approximation of member states' criminal laws with a view to establishing a common definition of a terrorist act and laying down common criminal sanctions and the second on the creation of a European arrest warrant; the early ratification of the Convention of 29 May 2000 on Mutual Assistance in Criminal matters between member states of the European Union; Pro-Eurojust to bring together member states' magistrates specialising in counter-terrorism to examine the co-ordination of terrorism investigations; the Police Chiefs Task Force to discuss improved operational co-operation between member states and third countries and to co-ordinate measures implemented in member states to guarantee security, including in the field of air safety; Europol to analyse and report on the terrorist threat; the early ratification by member states of the relevant conventions to prevent and combat the financing of terrorism; the strengthening of border controls; and increased co-operation and closer consultations with the United States in all competent international fora and especially a more active role for the Union within the United Nations.
In a separate but closely related development, the Security Council of the United Nations has adopted a wide-ranging, comprehensive resolution obliging member states to take steps and implement strategies to combat international terrorism, especially in relation to the financing or support of terrorism.
Some of the measures raise difficult and complex issues and will require careful albeit urgent scrutiny. Examination of the various proposals has commenced both at home and in the EU institutions. Regarding one of the measures, the early ratification by member states of the relevant conventions to prevent and combat the financing of terrorism, the Government yesterday approved the signature by Ireland of the UN Convention for the Suppression of the Financing of Terrorism. A number of the proposals will inevitably require legislation and as soon as the measures are finalised I will bring proposals to Government.
In addition to measures arising at an international level I am also reviewing our domestic law to see whether any changes may be necessary in the light of the events which have taken place.
While the Garda Síochána have a role to play in dealing with national emergencies, the issue of facilities and equipment to cope with chemical or biological attacks is a matter for a number of agencies.
Do not tell us Deputy Jacob is responsible.
At present, the issue of guidelines for emergency services in dealing with the threat of attacks using chemical or biological agents is being addressed by an interdepartmental committee under the co-ordination of the Department of the Environment and Local Government.
The shocking events of 11 September clearly require an urgent, comprehensive and measured response. In so far as my areas of responsibility are concerned I hope I have been able to demonstrate to the House that that response is well under way.
Do the Garda have appropriate equipment available to them to enable them to function and to protect themselves should there be a chemical or biological attack perpetrated by terrorists in this country? What contact has the Minister had with the relevant airport authorities to ensure that adequate security is in place in our airports to ensure that a plane leaving our shores is not used as a form of missile to perpetrate the type of atrocity we saw in the United States? Does the Minister have any concerns that a reporter from TV3 managed to get through the security systems in Dublin Airport yesterday while retaining in her possession instruments of the type that were used to take over aircraft in the United States? What action has the Minister taken to ensure that that difficulty is addressed?
I am satisfied the Garda have the equipment available to them which will enable them to protect the security of the State. Regarding the question of nuclear, chemical or biological weapons, these are clearly matters for a number of Departments and it must be clear that the most important defence against any CBW is detection and prevention by the—
The Garda have no equipment.
The Minister should be allowed to give his reply.
Measures are being taken to update the major emergency plan and a review of the plans is under way at present to see how they should be updated to take account of the present threat. The major emergency plan itself is the framework for the immediate response by the emergency services – the Garda, health and fire services and so on – to any major incident.
Coping with chemical spills or releases has always been a feature of the major emergency framework plan but that was in a peace time context. What is now being addressed is how the framework can be adopted to facilitate the best response by the emergency services to an incident resulting from the use of CBWs. It is important to state that the security advice available to me at present is that there is no reason to believe that Ireland is a target for such attacks. Nonetheless, I accept the need to take precautions.
Regarding the issue of airports, the Deputy will be well aware that airports have airport police and that there is also a Garda presence at airports. Every possible reasonable effort is made to try and ensure that the risk to passengers is minimised if not completely eliminated.
There are a number of separate issues in the two questions I tabled. How much time do we have?
There was 18 minutes from the beginning, ten of which are gone. There are another eight minutes.
That does not give us an awful lot of time to deal with the issue.
That is what Standing Orders provide.
In relation to the specific questions I tabled, I asked specifically what equipment is available to the Garda in the event of a chemical or biological attack and the Minister said that is a matter to be debated by some committee. The Minister will agree we have had enough obfuscation on these matters. Is there equipment available or not? A simple, clear answer to that would be welcome. Does the Minister agree that while we may not be subject to direct attack we may be subject to the fall-out from an attack in the neighbouring jurisdiction? That point was real enough to be put by the Taoiseach to the Minister of State, Deputy Jacob, in a private discussion that was made public last week.
Also, in relation to the arrangements that were decided and fast-tracked at the Justice Ministers' Council in Brussels, the Minister has indicated that some 40 measures were involved. When will these measures be put to the Oireachtas Committee on Justice, Equality, Defence and Women's Rights? Can we have details of these before there is any agreement on behalf of Ireland, as the assent of the Oireachtas to these matters is surely important? Does the Minister agree with the cautionary tone of the Attorney General, who suggested that the Minister move on these matters with caution? This jurisdiction is based on a Constitution which enumerates the rights of the citizen and there are substantial differences in the administration of law between this jurisdiction and others, even within the European Union.
In relation to the seizure of assets, will the Criminal Assets Bureau be involved in supporting the seizure of assets of terrorist groups, either those directly connected with the appalling atrocity in the United States or other, domestic terrorist groups? Will the full force of the CAB and other organs of the Garda be brought to bear on all terrorist activity to cut off funding once and for all?
In this tranche of questions, in relation to the structure for shared intelligence that is to be established under the agreements made by the Council of Ministers, what is the nature of that structure? How will Ireland be involved in it?
In relation to the national emergency plan, the Deputy may have missed that it was announced today by the Government that there will be an immediate review of the structures under which emergency planning is conducted.
I asked a very specific question. The Minister should give up the obfuscation.
Order, please. Let the Minister respond.
The attacks on the United States have clearly changed the context in which emergency planning must take place. Nobody looking at the question objectively would believe it is within the powers of the Garda alone to take action in the event of a nuclear attack. That is obviously something that would have to be co-ordinated among the various security interests in the State. The same goes for the equipment.
My question—
The Minister is in possession.
With regard to the measures proposed and agreed between European Justice and Home Affairs Ministers, we have a written Constitution and I have at all times stated that certain difficulties could arise in regard to the legislative implementation of some of the measures concerned. For example, the issue of investigative detention in regard to which some EU member states can hold individuals for long periods, must come under scrutiny. The rule whereby a person extradited from this State for an offence in another state must be assured that the offence in question is also an offence in this State must also be examined in the context of the European arrest warrant.
I detected a determination among the Justice and Home Affairs Ministers to accommodate differences in so far as that could be achieved. I explained to those present that constitutional difficulties could and would arise in regard to some of the measures proposed, but I am confident that the meeting's accommodating atmosphere will result in our constitutional concerns being met. It is anticipated that the proposals will be progressed and that the matter will be further advanced at the December meeting of the Justice and Home Affairs Ministers when it is hoped to make significant political progress.
On Ireland's role in the implementation of new measures, it was agreed that police chiefs throughout the European Union would meet to discuss the issue of co-operation. It was also agreed that Europol's role would be enhanced and that a task force to deal with terrorism would be established on a renewable basis. In this con text, it was also agreed that there would be a greater level of co-operation and consultation with the United States.
The Criminal Assets Bureau in this jurisdiction is empowered to freeze and dispose of illicit assets where a court is satisfied on the balance of probabilities that the assets are illegal. Moreover, the criminal justice legislation of 1994, a substantial piece of legislation, deals with money laundering. We have also agreed to the ratification of the convention on the financing of terrorism. I understand the British Home Secretary today announced that further measures may be required in British law and if such measures, either in Britain or any other EU country, would assist in the freezing or seizing of terrorists' assets, I would not be slow to introduce such measures here. I feel sure I would have the support of the House to do so. The Central Bank has already issued various Irish financial institutions with a list of names provided by US authorities and the institutions have been asked to report to the authorities if any of the people concerned, who are believed to be associated with this dreadful atrocity, appear on their customer lists.
I ask Deputies to keep their supplementaries brief as our time is limited.
Can I take it that members of An Garda Síochána would not have any protective clothing or equipment should Ireland suffer fallout from biological or chemical attacks? Can I also take it that no new security arrangements of any nature have been put in place since 11 September? Will the Minister confirm reports in regard to approximately 40 people of Middle Eastern background present in this country who have associations with terrorist organisations, including a fund-raiser for Osama bin Laden who recently shredded all his documentation prior to vacating a house in south Dublin? Will the Minister confirm that proper surveillance has not been maintained on these individuals and organisations by An Garda Síochána, but has been maintained by the Army? Will the Minister now confirm that proper surveillance activities are being undertaken by An Garda Síochána to ensure the safety of people in this country?
It is not satisfactory when two of one's priority questions are taken together to be allowed to intervene only twice.
Will the Minister inform the House whether security forces have detected the presence of representatives of the al-Quaeda organisation in the State? Will he confirm that a national newspaper report alleging that a bank account in a Dublin bank was used to fund that organisation is true? Will he introduce proposals to ban al-Quaeda as a measure of solidarity with the United States which has suffered so grievously as a result of an attack by members of that organisation?
Ireland has a substantial body of anti-terrorism legislation on its Statute Book dating back to the Offences Against the State Act, 1939. As Minister for Justice, Equality and Law Reform, I cannot go into detail about any individual under investigation by the Garda Síochána in this jurisdiction. However, I assure Members that if there are individuals moving about throughout the country who come under international or domestic suspicion, the Garda carries out its functions dutifully in that regard. Not a scintilla of evidence has been made available to me which suggests that anybody in this jurisdiction had any link to the atrocity which occurred in the United States on 11 September. We are co-operating with the international community and, in particular, the United States to combat terrorism and will continue to do so. The impression should not, under any circumstances, be conveyed that there is a link between any individual living in this jurisdiction and what happened on 11 September.
I am satisfied that the powers available to An Garda Síochána are stringent and effective. However, there may be areas which could be strengthened and if they exist, I would be happy to consider any suggestions constructively.