Kathleen Lynch (Cork North Central, Labour)
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Amendments Nos. 8 and 13, as outlined by the Deputy, would add to the grounds for a refusal of assistance to Europol by including the jeopardising of the human rights of a person. Amendment No. 8 is to section 5 and seeks to add new grounds for a refusal to those already listed as reasons to refuse the provision of information for Europol, as set out in subsection (2) of the section. The subsection gives effect to Article 8.5 of the Council decision and the amendment would go beyond our remit in transposing the Council decision.

Equally, amendment No. 13 to section 7(2) would go beyond the remit of Article 7.3 of the Council decision, to which section 7 gives effect. However, the primary reason for refusing the amendments is that they are unnecessary. The State and its agents are committed and obliged to promote and protect the fundamental rights provisions of the Constitution. Equally, the State adheres to the international human rights obligations, including those under the European Convention on Human Rights. There is no need, therefore, to set out or confirm in statute an obligation under the Constitution and internationally.

I cannot accept amendment No. 11, as members of An Garda Síochána, customs officers and all liaison officers are subject to requirements to observe human rights. The promotion and protection of human rights underpin all Garda training. An Garda Síochána has a comprehensive education, training and information system for the professional development of all members. This development programme incorporates training in human rights issues. In addition, I consider that the amendment falls outside the remit of the Council decision. In accordance with Article 9, when seconded to Europol, liaison officers "shall be subject to and required to act in accordance with the national law of the seconding member state", namely, the Netherlands. Human rights are codified within the Dutch constitution and, as in the case of Ireland, the Netherlands is a party to a number of international human rights instruments, including the European Convention on Human Rights.

The proposed amendments would require some form of national oversight in circumstances where, as a result of their secondment, Irish liaison officers are subject to Dutch law. For these reasons we cannot accept the amendments.