Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move:

That, pursuant to Standing Order 177, Standing Order 131 is modified to permit an instruction to the Committee to which the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2013 may be recommitted in respect of certain amendments, that it has power to make provision in the Bill in relation to: the cessation of mobile communication services where necessary to avert a serious threat of death of a person, serious bodily injury to a person, or substantial damage to property arising from the activation of an explosive or other lethal device by use of a mobile communication service; the Minister for Justice and Equality authorising the issuing of directions to undertakings to cease providing mobile communication services in circumstances where such a serious threat arises; various conditions and limitations on the powers to issue authorisations and directions; offences relating to non-compliance with directions; matters related to the foregoing; and to divide the Bill into Parts and change its title to take account of these provisions.

I am bringing this motion of instruction to enable some amendments, of considerable importance to the security of the State and the public, to be included in the Bill. As its Long Title states, the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2013, amends the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. The proposed amendments are beyond the scope of the current Title of the Bill and so it is proposed to amend the Title of the Bill.

The amendments which will be inserted as Part 3 of the Bill are to deal with serious imminent threats to life or property arising from an explosive or other lethal device. They address those circumstances where a mobile phone might be used to detonate a device remotely. The amendments provide for directions to be given to mobile phone companies to cease their services in particular geographic areas for a limited period of time where this is considered necessary to avert such a threat.

As Deputies may be aware, many other jurisdictions have similar powers already in operation. For instance, our closest neighbours, Britain and Northern Ireland, have provisions in law for the issuing of directions to mobile telephone operators to cease service in certain circumstances. An Garda Síochána has a good relationship with its counterparts in Northern Ireland which is essential when dealing with the safety and security of the whole of this island. Clearly it is also important that we are able to liaise and co­ordinate with the PSNI to deal with any incidents which may involve explosive devices which can be detonated using mobile phone technology. Further afield, countries such as Australia have a range of provisions in place to deal with such situations. In my view it is important that in this jurisdiction the Garda Síochána is equipped with the necessary legislative powers to deal with incidents which may cause death or serious injury. As I previously stated in the Dáil, it is my understanding that the law enforcement authorities in Boston recently invoked such a power in response to the outrage which occurred there. Such events make it clear to all of us the importance of having measures in place to deal with extremely serious threats which may potentially result in loss of life and injury. It is a regrettable fact that terrorist organisations and criminal gangs are prepared to exploit any means, including advances in technology, to kill and maim. It is necessary, in those circumstances, for the law enforcement authorities to be given the means to counter these threats. It would be remiss of me as Minister for Justice and Equality if I ignored this reality and left the Garda Síochána bereft of the necessary tools to meet that threat. I trust that all Deputies will be in agreement with me on this obvious fact.

I wish to assure the House, however, that the proposed legislation adopts a balanced and proportionate response to the threat. Accordingly, the powers contained within it are subject to a range of safeguards and conditions. The powers proposed in the amendments are only available where there is a serious threat that an explosive or lethal device is likely to cause loss of life, serious injury or serious damage to property. The powers cannot be used other than in such a situation and the procedures and checks are set out clearly in the proposed legislation, thereby ensuring that both an effective and safe system will be in place.

The system provides for a two-tier process involving decisions at ministerial level and at Garda level. An application must first be made to the Minister by a very senior Garda of Assistant Commissioner rank or higher, for authorisation to issue directions. The Minister may only give an authorisation if satisfied as follows: that there are reasonable grounds for believing a serious threat exists; there is a reasonable prospect that cessation of mobile phone services within a geographical area would be of material assistance in averting the threat; having regard to all the circumstances, including the importance of maintaining mobile phone services in the area concerned and the effect on users, that cessation of services is necessary and proportionate. There is a 24 hour limit on the time for which an authorisation may be acted upon.

A central element of the part is in the proposed section 24 which provides for a member of the Garda Síochána of chief superintendent rank or higher, having received a ministerial authorisation, to direct a mobile phone service provider to cease providing services in a particular area at a particular time. This power to issue a direction is subject to a range of checks and balances which are contained in Part 3. For instance, a Garda chief superintendent may only give a direction where he or she is satisfied that the serious threat continues to exist and where other means of averting the threat are less likely to succeed. A direction is limited in effect to six hours. Where a direction is no longer required it must be withdrawn. Mobile phone companies will be required to comply with a direction and failure to do so will be an offence. Mobile phone companies must endeavour to continue to provide 999 call services.

In our society today, it is inescapable that mobile communications are central to everyday life and business whether they are used as a social tool or communicator such as is the case with Facebook, or for more serious communications in relation to work or similar activities. I say this because it is important that the House recognises that the powers proposed in these provisions are not being introduced lightly. They are being introduced as there is now a need for such powers in our society if we are to be able to deal effectively with those who may be involved in posing a threat to life by the use of explosive devices that can be detonated by mobile phones and who have the ability and technical knowledge to achieve this. We must ensure that we have the capability to deal with such developments. This is about protecting and saving lives.

I reiterate that the powers are subject to the conditions I have mentioned which are consideration and application by an Assistant Commissioner, consideration and authorisation by the Minister, consideration and direction by a chief superintendent, 24-hour limitations on authorisations, six-hour limitations on directions and tests of necessity and proportionality. Above all, the powers are only available where there is a serious and imminent threat to life, limb or property from an explosive or lethal device activated by mobile communications services.

It is a regrettable reality that terrorists and others use explosives to threaten, maim and kill. We must provide for that reality. The Garda Síochána and PSNI advise that cell-activated devices are a real threat on the island, North and South.

I am very conscious that interference with mobile telephone services is an interference with the everyday lives of people and of businesses. The powers outlined in the amendments are necessary and proportionate. They are necessary because terrorists and criminals try to exploit mobile telephone services to remotely detonate bombs. They are proportionate because they are subject to a range of safeguards and conditions. I will, of course, expand on the content of the amendments as we discuss them in the debate. I hope these matters will have the general support of Members and I commend this motion of instruction to the House.

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