Amendments Nos. 3 and 4 are related and may be taken together by agreement. Is that agreed? Agreed.
SECTION 4.
Acting Chairman
I move amendment No. 3:
In page 4, paragraph (a), line 36, after "assets" to insert ", wherever situated,".
These amendments arise on an issue raised by Deputy McDowell on Second Stage. He was concerned that the bureau's mandate might be seen as confined to assets within the State. While I consider that there could be no such restriction under the Bill as published, I have decided to remove any doubt on this matter by introducing these amendments to provide explicitly that there is no limiting effect on the bureau's mandate and that its functions include co-operation with any police force and with tax and social security authorities in other countries.
Amendment No. 3 inserts into the objectives of the bureau, which are set out in section 4, the words "wherever situated" which qualify the assets which are to be identified. This makes clear that the bureau's role will involve identifying all assets wherever they may be situated which derive from or are suspected of deriving from criminal activity.
Amendment No. 4 makes an insertion into section 5 which sets out the functions of the bureau and describes these in the form of certain actions. The inserted words provide that the actions include, where appropriate, co-operation with any police force as well as with the tax or social security authorities of other states. I commend the amendments to the committee.
I am happy with the amendments.
On amendment No. 4, is there a move within the EU towards a broad legislative approach to strengthen ease of access and co-operation given that Ireland holds the Presidency at present?
It is part of the general focus of Government policy. The Deputy will recall that, prior to our assuming of the Presidency, the Taoiseach stated on a number of occasions that one of the priorities of the Irish Presidency would be to combat drugs and associated activities. In many respects, the function and role of the Criminal Assets Bureau is inspired by the interconnection between drug-trafficking, criminal activity and the vast amounts of wealth which are accumulated in whatever form as a result.
Rather than depend on co-operation from states, which would be difficult to achieve because one is depending on the goodwill of agencies in other jurisdictions, an overall legislative agreement within the EU would make the pursuit of these assets easier. Is progress being made on that and is there broad agreement to do so?
The proposal to establish EUROPOL, which was originally tabled in June 1995 during the French Summit and deferred for some time, has proceeded. As part and parcel of the commencement of the Irish Presidency, senior executive officers from the 15 police forces met in Dublin Castle to look at ways in which practical co-operation within the EUROPOL framework would function on the ground. This has been clearly identified by all the Heads of Government as an area of prime co-operation because of the intra-Community drug-trafficking phenomenon.
Is there agreement on the seizing of assets within the European Union where a situation arises in one country? Does the Minister see that as central to their activities?
Yes. I cannot give the Deputy chapter and verse as to what additional texts have been put in place with regard to implementing it but there are existing provisions on co-operation between national police forces within the EU. This gives the bureau power to work through the forces of the Garda Síochána in Ireland to actively pursue assets which are located outside the territory of the national state and to avail of the co-operation of other police forces.
The fact that the bureau would be acting under law and that law would explicitly state that assets wherever situated were subject to the provisions of domestic law strengthens the authority of the Garda in requesting the assistance of other police forces. There would be no doubt as regards the entitlement of the Garda to look for the seizure of such assets.
Before the summer the Minister for Justice put through a number of reciprocal and mutual Protocols between ourselves, the European Union and the Council of Ministers and international conventions whereby there would be reciprocal arrangements between our jurisdiction and other jurisdictions, particularly with regard to drug trafficking.
The money laundering directive which has been transposed into domestic legislation is a clear indication of inter-Union co-operation of a legal kind.
Amendment agreed to.
Section 4, as amended, agreed to.