Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I am pleased to have an opportunity to speak on the Criminal Justice (Mutual Assistance) (Amendment) Bill 2014. This is an important debate because criminal justice issues are very relevant in the modern world, which sadly seems to be deteriorating. Human life now appears to be very cheap. One can now get gunned down on the streets of Dublin for owing €500 or €1,000 to some gangland criminal. We see the consequences of that each day for the children and families that are suffering. Along with my colleagues on the Joint Committee on Justice, Defence and Equality, I am working on this important issue, which needs to be resolved. I hope the Minister will listen to our recommendations when we make our final report.

The Bill before the House is part of a process. We all have to buy into a fair and just criminal justice system that is based on equality and respect for all citizens. We need quality political leadership. We need quality policing management. We need trust and support from the local community. These things are currently lacking in many areas of Irish society. People are crying out for a proper system. This is a wake-up call. Reform must be implemented. Trust and confidence must be given back to the citizens and the people of this country. We cannot come in here and demand trust and respect - we have to earn them. States cannot demand support and respect when they are often involved in breaking the law and do not assist other countries where crimes have occurred.

I would like to mention the Dublin and Monaghan bombings as an example in this context. I commend Margaret Irwin and all the members of Justice for the Forgotten on their magnificent work in helping the families of those who died in and survived the Dublin and Monaghan bombings. Justice for the Forgotten was formed in 1996 with the aim of campaigning for truth and justice for the victims of the bombings in question, which took place on 17 May 1974. Some 34 people, including an unborn baby, died that day. It was the greatest loss of life in a single day of the Troubles. The membership of Justice for the Forgotten includes an overwhelming majority of bereaved families and many wounded survivors. In 2001, the bereaved families and survivors of the bombings of 1 December 1972 and 20 January 1973 united with those of the 1974 bombings to create a single organisation, the aim of which is to demand the truth about why their loved ones died and so many others were maimed. Justice for the Forgotten also represents the families and survivors of the Belturbet, Dundalk and Castleblayney bombings and the families and survivors of the Miami Showband massacre. Justice for the Forgotten supports all of these victims.

I am raising these matters during this debate because the legislation before the House deals with mutual assistance. Not a single person has ever been prosecuted in connection with any of the cross-Border bombings. Indeed, the official silence about these events was maintained until the early 1990s. Over the years, the bereaved and injured have come to question the complicity of British state forces in the North in the bombings, the actions of the Irish State in pursuing those responsible, the integrity of the RUC and its investigations at the time and the integrity of the Garda investigations. I sat on the sub-committee on the Barron report in 2003. We also had the second Barron report in 2004. Many people worked on this issue. The weak link was the lack of co-operation from a state. How dare any state lecture people and look for co-operation internationally if it is refusing to hand over certain files? A motion to this effect was agreed by all Members of this House many years ago, but we have yet to get action on it. I would also like to mention the case of Pat Finucane. His family has been badly let down. I commend RTE on its recent programme about collusion. We have to face up to the reality of these issues when we are discussing the Criminal Justice (Mutual Assistance) (Amendment) Bill.

This legislation will give effect to a number of EU agreements on mutual assistance in criminal matters, including agreements relating to confiscation orders and financial penalties. It will also give effect to an agreement of mutual assistance between the EU and Japan and to the strengthening of Eurojust. It also gives effect to an agreement that will allow Ireland to take part in special intervention units in certain times of crisis. I would like to elaborate on two of those agreements, the first of which involves co-operation with Japan. Many people in the Japanese community and many Japanese citizens are concerned about a drift in the Japanese Government in recent times. Following its experiences in Hiroshima and Nagasaki, Japan has tried to keep out of international conflicts but now it is being dragged back to breach its own official policy of neutrality in many conflicts. This concerns me. I join the members of the Japanese community and the peace activists around the world who strongly support that position.

The second agreement I would like to mention is that allowing Ireland to take part in intervention units in certain times of crisis. I am in favour of intervening to help people. I commend the members of our Defence Forces on the LE Eithnewho have been trying to assist and rescue families in European waters in recent weeks. I am keen to see our forces being involved in such situations. I am very proud of the work of our UN soldiers in international peacekeeping as well. I have family members who have served abroad, both in the Middle East and in Africa. We are all very proud of them. We have to ensure they are used for peacekeeping and not for getting involved in international conflicts. It is very important that we say this as part of the broader debate.

I would like to speak about the background to the Council decision on this legislation. The Commission states:

The fight against organised crime and the disruption of criminal organisations remain a daily challenge. Regretfully, the past decade has seen an explosion of cross-border crime. Drug trafficking, trafficking in human beings, terrorism and cybercrime, including child pornography are some examples.

We need to ensure we have this kind of co-operation. I note the statement that "disruption of criminal organisations remain a daily challenge". That is something we have to learn from in Ireland as well. It is not acceptable that 12 people have been shot down in cold blood in recent times when engaging in activity like going into a pigeon club. That figure has probably increased to 14 more recently. There has been no response and no serious action. We need reactions to these incidents. We also need crime prevention measures. The important thing is to ensure this happens.

Under the Lisbon treaty, new possibilities to enhance Eurojust's efficiency in tackling these forms of criminality have been introduced. Article 85 of the treaty on the functioning of the EU explicitly recognises Eurojust's mission of supporting and strengthening co-ordination and co-operation between national investigating and prosecuting authorities in relation to serious crime affecting two or more member states or requiring a prosecution on common bases. Therefore, it is important to ensure the best possible use is made of Eurojust and obstacles to its efficient functioning are removed. That is exactly what is going on as well.

I would like to speak about what is happening in relation to Ireland. The Minister said in June 2014 that, in the previous year, Ireland had made 200 requests for mutual legal assistance in criminal matters, of which 129 were transmitted to other member states of the EU and 71 were transmitted to other countries. In the same year, Ireland received 583 requests for assistance, of which 516 were received from within the EU and 67 were received from outside the EU. Ireland made 1,070 requests for legal assistance from other countries from 2008 to 2013. The majority of those requests went to the UK, the North and the US. As we are talking about mutual assistance, I reiterate my request to the British Government to listen to the families of those killed in the Dublin and Monaghan bombings and the Finucane family as well. Over the past six years, Ireland has dealt with more than 4,000 requests from other countries seeking legal assistance in criminal justice proceedings. I have given the statistics and figures. We need to ensure we have co-operation when we are talking about this legislation. If countries are not fully co-operating, they have to be challenged in this House, at UN level and at European level.

Co-operation is based on trust and confidence but it also involves respecting the rights of citizens, whether in Ireland, the EU or other countries.

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