Dáil debates

Thursday, 16 November 2006

Europol (Amendment) Bill 2006 [Seanad]: Second Stage

 

11:00 am

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)

Tá áthas orm seans a fháil chun páirt a ghlacadh sa díospóireacht seo ar an mBille um Europol (Leasú) 2006. Tá an Lucht Oibre ag tabhairt tacaíocht don Bhille. Beimid ag cabhrú chun an Bille a chur tríd na Dála go tapaidh.

The first thought which strikes one when considering the Bill is the length of time it took to bring it before the Dáil. The three protocols to the Europol Convention to be given effect in Irish law date from 2000, 2002 and 2003 respectively. As both the Minister and Deputy O'Keeffe pointed out, crime is becoming increasingly international, sophisticated and difficult for national and international law enforcement agencies to address.

Needless to say, giving the appropriate means to law enforcement agencies to deal with the activities of modern criminal gangs as speedily as possible is imperative. It is incredible and completely unacceptable that it took so long to bring before the Dáil the protocol of November 2000 extending the competency of Europol to deal with money laundering regardless of the type of offences from which the proceeds originate. Taking six years to bring protocols to the Dáil should not be repeated.

The question arises whether primary legislation should be required in all instances. Producing primary legislation puts an additional burden on a system which we all wish would produce Bills far more quickly. If it is possible to avoid the procedures of taking primary legislation through the Dáil and Seanad, we should do so. Perhaps we should consider enabling legislation so matters such as those in this Bill could be dealt with through less cumbersome procedures.

I understand this Bill has no implications for national sovereignty. Where future protocols could have such implications or implications for civil liberties, it is imperative that debates take place in both Houses before final decisions are reached. In any case, we must increase the speed of parliamentary procedures dealing with protocols to the Europol convention. The protocols before the House are non-contentious. The Labour Party will assist and co-operate in their early passage.

Section 4 of the Bill provides for the three additional protocols in Irish and English to be added as Schedules to the Europol Act 1997. I compliment the Minister on the fact the Irish translation of the protocols is included in the Bill. I recently suggested to his colleague, the Minister for Community, Rural and Gaeltacht Affairs, that Departments prepare the Irish version in tandem with the English version so delays in publishing Acts are reduced to a minimum. The matter arose from a priority question regarding the obligation under the Official Languages Act 2003 enacted on 13 July that Acts of the Oireachtas be published simultaneously in Irish and English. As the Minister is aware, the Criminal Justice Bill 2004 completed its passage through the Oireachtas on 5 July 2006. However, the Criminal Justice Act 2006 was not published until 9 October 2006. I am sure the Minister will agree this was an unacceptable delay and such delays must be eliminated.

I already complimented the Minister on having the translation of the three protocols contained in the Bill. What procedures are in place to finalise the translation into Irish of the remainder of the Bill? Who will translate it? Was the translation of the protocols carried out within the Department or was outside assistance required? The explanatory memorandum states the financial implications are minimal. Does the Minister have a figure for the cost of the translation of the three protocols into Irish?

Regarding crime and terrorism, we read reports that money emanating from terrorist and gang criminal activity ends up in Dubai. Are the money laundering proposals before us late in the day? If the money goes beyond the EU, by definition it goes beyond the reach of Interpol. Are efforts being made by Interpol to deal more effectively with the fact that money can leave the jurisdiction?

We are all aware of scams where one receives an e-mail from people allegedly living in African countries. I understand they all emanate from Amsterdam. I found it extraordinary that UK police estimate the perpetrators of the scam gain approximately £200 million per annum. On the face of it, one may think it laughable but it is extremely serious.

The Minister informed us legislation on human trafficking will be published in the new year and this is very welcome. Will protocols be developed so this matter can be more effectively addressed? At present, it seems little regulation or sanction is available.

Outside elements have become involved in marketing drugs in Ireland. Much of this activity seems to emanate from outside the borders of the European Union. How effectively do we pursue it beyond EU borders?

While the Labour Party welcomes the protocols, something effective must be done urgently to ensure we avoid the delays to which I referred earlier. I hope these protocols, as ratified by the Government, will be fully effective in Europe in serving their intended purpose.

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