Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

This is an interesting amendment. In practical terms, the Garda has informal relationships with a variety of police forces around the world for vetting purposes. We cannot compel the police force of any other country to co-operate with us, but a number do. If we receive similar requests, we also co-operate. The Deputy is seeking to amend the section to provide expressly for something that already happens in practice. I am advised that the amendment is not necessary. If the bureau is asked to vet an individual and knows he or she has been working outside Ireland or that information is given, it does not need express authority to seek the assistance of other police forces because it can already do this. There is no prohibition on it doing so and, of course, it happens in practice. My advice is that it is unnecessary, therefore, to insert the proposed wording in the legislation.

Let us say, for example, an individual has been resident in Ireland for ten years. That person is vetted and there is no difficulty during his or her time in Ireland, but he or she came here from a far flung country, not necessarily in the European Union from where we receive a great deal of co-operation but, for example, somewhere in South America. I do not want to create an obligation whereby before the Garda gives a response to a vetting application, it must communicate with and obtain a response from a police force in South America. One might find, first, that one will not receive a reply and the whole thing could become gridlocked, or one might receive a response that is completely inaccurate and could create a problem. I am anxious to ensure we do not create a perception in the legislation that we have the capacity to obtain accurate information from any country in the world. Of course, we can receive information from certain police organisations, whether it be Northern Ireland with which we have significant co-operation or one of the international police organisations in certain circumstances.

I will seek a further view from the Attorney General on the amendment. I have to be careful not to include something in the legislation that either could give rise to a perception that the impossible can be done or that does not create a barrier for individuals who have lived in this country for many years but who have a foreign nationality or have become Irish citizens in recent years. They might have lived, for example, in Sri Lanka, Pakistan or India, in the early years of their life and there might be difficulties in obtaining information from there. This could block them from gaining reasonable employment which they are perfectly suitable to obtain. Perhaps the Deputy might let us give further thought to this amendment before revisiting it on Report Stage.