Dáil debates

Thursday, 16 November 2006

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

 

11:00 am

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)

This is an important Bill because it makes sense to have greater international co-operation in fighting crime. The downside of having freedom of movement within the European Union is that it has facilitated a big increase in cross-border crime. In the context of the emergence of the Single Market and the removal of trade barriers, Justice Ministers across the Union have become aware that measures to prevent the exploitation of this freedom of movement by criminals would be needed to protect their citizens from organised crime.

Europol has contributed to fighting crime. One need only examine the organisation's website to see the significant successes it has achieved, whether in dealing with counterfeit bank notes in Bogotá or child trafficking. This form of international co-operation has a major role to play in the future of the European Union.

Nevertheless, we need strong safeguards regarding the extensive powers we have given and are giving to Europol. It is answerable to the Council of Justice Ministers and there is a financial audit of the organisation also. Europol is not completely above criticism, however, and concerns have been expressed over some internal issues in the organisation. I suppose problems will be encountered in any large organisation which has a significant annual budget and employs hundreds of people. In general, however, it is important to emphasise the constructive role that Europol has played. Obviously, there are real issues concerning data retention and information exchange which need to be taken into account in any discussion of the organisation's activities.

I note that the Bill, when enacted, will give effect in Irish law to three protocols to the Europol arrangements, which the Green Party generally welcomes. One of the most important areas in which Europol can be of assistance is that of human trafficking. The trafficking of human beings for labour or sexual exploitation is a serious and rapidly growing worldwide phenomenon.

The trade in human beings for financial gain is an extremely lucrative business, with traffickers earning several billion euro a year at the expense of innocent lives. Women's human rights, in particular, are violated when they are bought and sold, raped, falsely imprisoned and tortured. It is estimated that more than 120,000 women and girls are trafficked into west European countries every year.

Ireland has failed to transpose into law the 2002 EU Council framework decision on combating trafficking in human beings, which obliged all member states to legislate to criminalise the trafficking of human beings for exploitation. The deadline for member states to enact this framework legislation was August 2004, over two years ago. Ireland is the only European Union member state not to have done so. The Minister has pointed out that the existing legislation is available but it seems odd that Ireland is the only EU member state not to have transposed the 2002 EU Council framework decision on combating trafficking in human beings. Europol can do much to address this matter but the fight against human trafficking begins at home. There is an onus on the Minister to ensure that the framework decision is transposed into domestic law.

The UN committee on the elimination of discrimination against women expressed its concern about the trafficking of women and girls into Ireland, the lack of information on the extent of the problem and of specific legislation in the area, and the lack of a comprehensive strategy to combat it. The committee recommended the adoption and implementation of a strategy to combat trafficking in women and girls, which should include preventative measures, the prosecution and punishment of offenders, and the enactment of specific legislation in this area. Women who have come here and are being exploited are concerned that they will be deported if they encounter the Garda Síochána. While the Garda Síochána has dealt favourably with such cases to date, we need to enact some legislation to protect such people.

Earlier this year, Europol's first officer in charge of combating trafficking, Steve Harvey, warned that Ireland is likely to be at particular risk of being targeted by people traffickers. Mr. Harvey also pointed out that trafficking is the one crime that must be combated from a human rights perspective, rather than a singular law enforcement focus. He said: "I cannot emphasise enough that the only way to stop this bloody awful crime is for there to be a multi-agency approach." Human trafficking is a terrible crime. It requires cross-border co-operation through all EU member states and beyond. Europol has a valuable role to play in assisting the Garda Síochána to combat this largely invisible and highly lucrative crime which destroys lives.

This country has also seen a phenomenal rise in organised gang-related crime. Fuelled by the massive amounts of money to be made from the trafficking and sale of drugs, gangland crimes have resulted in a dramatic increase in gun-related murders. One-off Garda initiatives aimed at tackling this problem, such as Operation Anvil and Operation Crossover, are simply not well enough resourced to cope with the highly developed and sophisticated levels of organised criminal activity currently gripping certain parts of the country.

Europol also has an important role to play in facilitating the exchange of intelligence information on criminal networks among national police forces. This facilitation will strengthen the ability of the Garda Síochána to understand how these networks operate and how best to control them.

We need to have strong controls over how Europol works, including stronger answerability from the organisation. We should also be particularly sensitive to the retention of data by that body. Nonetheless, I welcome the protocols before the House today. We need to be up to speed with what is happening as regards international crime and Europol has a valuable role to play in this respect. I am somewhat uneasy about part of Europol's backup legislation, which gives immunity from prosecution to all serving and retired officers attached to the organisation. On behalf of the Green Party, however, I support the protocols that will be enshrined in law through the enactment of this Bill. I welcome the Minister's initiative in this regard.

Comments

No comments

Log in or join to post a public comment.