Dáil debates

Thursday, 14 June 2012

European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Bill 2011: Second Stage (Resumed)

 

10:30 am

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)

I support this Bill. It is vital that Ireland has extradition agreements with all countries. The Bill will enable the Government to apply many of the provisions contained within the European Arrest Warrant Act 2003 to Norway and Iceland, bringing into action surrender agreements reached in 2006 between these two countries and the EU. It will also cover any agreements that may be reached with non-member states in the future. The amendments contained in the Bill will provide for quicker and easier processing of extradition requests under both Acts. Since the European arrest warrant commenced operation on 1 January 2004, the use of the warrant has increased every year. For example, in 2010, Ireland issued a total of 373 European arrest warrants to 15 countries, the majority of which were issued for Polish nationals, while a further 32 were issued in respect of cases involving Irish nationals. In 2010, some 14 persons who were subject to European arrest warrants were surrendered to the State, including 11 people from the UK. In total, 148 people have been surrendered to the State since the commencement of the system.

The number of people surrendered by the State has also increased considerably since the commencement of the warrant system, with a total of 424 people surrendered in total. In 2004, only two people were surrendered. This compares to a figure of 161 in 2010, which was more than double the number in 2009. This large increase is very welcome, as we do not want people evading justice when they should be arrested to face the full rigours of the law. The large increase is also due to the fact that the Garda Síochána decentralised the European arrest warrant arrangements from the extradition unit in Dublin to local Garda divisions, which had more autonomy and access to local information. This shows the role that local gardaí can play in arresting suspects who are wanted abroad.

In 2010, the Irish authorities issued 51 arrest warrants for the arrest of Irish nationals in other EU states, of whom 26 have so far been returned to the State. The arrest warrants were sought in respect of many serious crimes, such as sexual offences, murder, grievous bodily harm, drug offences, fraud and organised crime. In general, the most common charges cited by EU member states applying for the extradition of foreign nationals living in Ireland are theft, assault and robbery.

Organised crime, particularly human trafficking and drug trafficking, is a serious issue in this country. Drug trafficking is a widespread problem across Europe, and the European arrest warrant is vital in tackling this. Co-operation between the various authorities and police organisations in different countries is essential to ensure criminals are brought to justice. A good example of this co-operation was seen between Ireland and Spain over the past year. At the end of last year, a suspected member of an international criminal gang from Ireland was extradited to Spain to be questioned by Spanish authorities on suspicion of drug trafficking and bringing weapons into the country. Then, earlier this year, Spain agreed to extradite to Ireland a convicted killer who was wanted on charges of firearms possession and handling of stolen goods. Thus, we can see there is increased co-operation in ensuring that people do not evade the law by crossing borders.

Human trafficking is a profitable form of organised crime in Ireland. In 2009, the Garda investigated 68 cases of human trafficking, with a total of nine people being prosecuted for this serious crime. During Operation Sibling, in 2009, the Garda was involved in a joint operation with the Romanian police which resulted in the prosecution of three Romanian nationals on charges of human trafficking. Such co-operation is to be welcomed.

The introduction of the European arrest warrant in 2003 has been described as one of the most significant initiatives of the EU in dealing with criminal matters. The efficiency and effectiveness of the European arrest warrant was witnessed at the end of April, when two members of one of Limerick's biggest organised crime gangs were arrested at a resort in Bulgaria. The Bulgarian police made the arrests following receipt of information from the Garda. One of the men was wanted by the State to face serious drugs charges and charges of threatening to endanger life. The Garda liaised well with the Bulgarian authorities to ensure the European arrest warrant was executed, and the men were deported to Ireland. Concerns have been expressed more generally about the European arrest warrant by the European Commission. Problems arise in the way certain member states enforce warrants and Irish barristers have expressed concern about the vagueness in the framework decision underlying the European arrest warrant, which was adopted in the months after the events of 11 September 2001.

The European arrest warrant is, however, an essential tool for dealing with organised crime and was welcomed throughout Europe on its introduction. It is vital that the EU's various police authorities are able to co-operate with each other and the statistics suggest they are doing so. We cannot allow criminals to use borders to evade justice. Organised crime is a serious issue and it is being tackled under the European arrest warrant structure.

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