Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am pleased to join the committee this morning with my officials from the Department of Justice and Equality, Mr. Mark McDermott and Ms Sarah Sheppard.

I welcome the opportunity to address the committee this morning on Ireland's opt-in to a new proposal on facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences. Ireland has an option, provided for in Article 3.1 of Protocol 21 annexed to the Treaty of Lisbon, to opt-in to individual proposals in the area of freedom, security and justice. The protocol provides that Ireland has three months, from the date a proposal or initiative is presented to the Council, to notify the Presidency of the Council in writing of its wish to take part in the negotiation, adoption and application of any such measure. The three-month period for this proposal is due to end on 16 August. The exercise of this opt-in is subject to the approval of both Houses of the Oireachtas.

Ireland can also accept a proposal at any time after it has been adopted, but in such a case, it will not have been in a position to vote on the final content of the proposal. It must also be noted that Ireland made a declaration appended to the Treaty of Lisbon of its intention to opt-in to measures in the area of freedom, security and justice to the maximum extent it deems possible.

This proposal, as published, has a number of key elements relating to the fourth and fifth anti-money laundering directives. These include: access to the bank account registries to be set up under the fifth anti-money laundering directive, by the competent authorities in each member state responsible for law enforcement, and in Ireland's case this will probably be the financial investigation unit, FIU, and the Criminal Assets Bureau, CAB; the sharing of information by the FIU with other law enforcement competent authorities in Ireland; an exchange of information between FIUs of different member states; access by Europol to bank account information and exchange of information between Europol and FIUs; and procedures and data protection safeguards relating to the exchange of information processes to be created. My officials have consulted the Office of the Attorney General. They have been advised that there is no legal impediment to Ireland opting into this proposal.

While the proposal broadly reflects existing law and practice in Ireland, both the financial investigation unit and the Criminal Assets Bureau have indicated to my officials that this proposal, as part of the broader anti-money laundering framework, will further enhance the effectiveness of the fight against money laundering, terrorist financing and associated predicate offences in providing for increased co-operation in a timely manner between FIUs, law enforcement authorities, including Europol, and other competent authorities.