Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Ba mhaith liom mo chuid ama a roinnt leis na Teachtaí Cuffe agus Finian McGrath.

This debate has been facilitated on foot of our objection to the passage of this motion, but a period of 45 minutes is not adequate for a debate. What passed for a debate at the committee meeting last week was hampered by the fact that the wrong document was circulated. The correct document was issued mere hours before the meeting and only after my office initiated a search for it. There was a fruitless attempt to obtain the proper document from the Minister's office and from agencies inside and outside the House. However, it was eventually discovered.

The Council framework decision is one of many measures from the EU's Hague programme. This vast programme was agreed by the Council of Ministers in 2004 but, despite its far-reaching effects on fundamental rights and Irish society and the fact that I raised the matter on numerous occasions in this House and at committee meetings as various decisions based on the fortress Europe agenda that is the Hague programme were passed, it was never debated in this House. The Minister and the committee have finally agreed with me on the need for a debate on the Hague programme but we are still proceeding with a vote and a discussion on this issue. That is an arse about face approach. Much of the Hague programme is tied to the failed EU constitution and our proceeding in this manner is an affront to democracy.

I have major concerns regarding the measure and the lack of safeguards included in it. As I said at a committee meeting, what is to stop wrong or out-of-date information being circulated, on an obligatory basis, on the foot of this measure? Not long ago, Frank McBrearty was denied entry into the US because his reputation was still blackened by the Garda, which had not corrected the record. In Britain, officials recently admitted that 1,500 innocent people were labelled criminals by its Criminal Records Bureau.

When I raised these issues at the committee meeting last week, the Minister for Justice, Equality and Law Reform dismissed them and basically stated that mistakes happen. He would not guarantee that if such mistakes happen or if wrong entries are made or inaccurate records circulated, a note to that effect would immediately be circulated when discovered to those who sought the information. The Minister has never allowed himself to be hampered by facts or by proof of guilt, as is shown in the case to which Deputy Jim O'Keeffe referred, namely, that involving Frank Connolly.

The Council framework decision motion is a dream for the Minister for Justice, Equality and Law Reform — or the Minister for injustice — because he will be able to leak the privileged information to which he will have access to those nice little journalists who lick up to him. He will also be able, as he did in the case of Frank Connolly, to destroy the careers of other EU citizens without being obliged to take recourse to the Courts or provide any proof of guilt or innocence.

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