Alan Shatter (Dublin South, Fine Gael)

I move:

That Dáil Éireann approves the terms of the agreement between the Government of Ireland and the Government of the United States of America on enhancing co-operation in preventing and combating serious crime which was signed at Dublin on 21 July 2011 and a copy of which was laid before Dáil Éireann on 10 January 2012.

As Deputies will be aware, our citizens currently benefit from Ireland's eligibility to participate in the visa waiver programme, VWP, of the United States. Following the events of 11 September 2001, the United States has set standards which it requires participating states to meet if they wish to ensure continuing eligibility for the VWP. The conclusion of an agreement on enhancing co-operation in preventing and combating serious crime, such as this one, is among the requirements set down by the United States. Similar agreements have been, or are in the course of being, finalised between the United States and 19 other European Union member states.

Deputies may wish to note that the agreement draws inspiration from, and mirrors very much, the EU Council Decision of 2008, the Prüm treaty, on stepping up cross-border co-operation, particularly in combating terrorism and cross-border crime, the aim of which is to improve police co-operation through the exchange of fingerprint and DNA data.

Briefly, the agreement provides that fingerprint and DNA reference data from each country's national database should be shared in specific defined circumstances, namely, for the prevention, detection and investigation of serious crime. The agreement therefore permits a national contact point, designated by each party, to access and search the fingerprint reference data and DNA reference data of the other party. The purpose of the search is to establish if there is a match with data held by the requested state. The process does not involve the exchange of data at this stage. It merely establishes if identical data exist in the other state's database, that is to say a "hit or "no hit" search facility.

Should the search procedure show a match between DNA profiles or fingerprint data, the supply of any relevant further data is governed by the national law, including the provisions of the mutual legal assistance treaty between Ireland and the United States. Therefore, any transmission of additional data by An Garda Síochána will be governed by Irish law. As I mentioned, the provisions of the mutual legal assistance treaty between Ireland and the United States will also apply. The treaty provides that mutual legal assistance shall be afforded for the purpose of investigation with a view to a criminal prosecution. Assistance will not be available, therefore, in cases where no prosecution or referral for prosecution takes place.

Provision for the mutual legal assistance treaty between Ireland and the USA is already made in our domestic legislation by virtue of the Criminal Justice (Mutual Assistance) Act 2008. The threshold for criminal activity under Irish law for the purposes of this agreement is criminal activity which attracts a prison sentence of 12 months or more.

The Criminal Justice (Forensic Evidence and DNA Database System) Bill will facilitate the establishment and operation of a DNA database for criminal investigation purposes, a commitment in the programme for Government. Work is progressing on the preparation of the legislation. The Bill will enable Ireland to meet its obligations arising from the agreement in relation to DNA data.

The Garda Síochána's criminal automated fingerprint identification system, AFIS, is currently operational. However, it requires further development to allow it to accept remote searching of its records as required by the Prüm treaty. This work is currently being carried out and it will also facilitate the operation of the Ireland-US agreement.

International co-operation between states is an essential component in combating the ever-increasing global nature of criminal activity, in particular organised crime. Since the events of 11 September 2001, the world has become aware that no country is safe from the threat of international terrorism. Despite the extensive progress made in our own peace process, we must remain mindful of the threat posed here by dissident activities.

We must also recognise that there are other elements in society that have a contemptuous disregard for the rule of law and are prepared to take any measure to subvert it. I refer in particular to organised criminal gangs that have shown themselves capable of activities in furtherance of their interests not just within the confines of the State but also beyond its border. This agreement will provide the US and Ireland with a valuable resource in seeking to combat these threats. I commend this motion to the House.

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