Dáil debates

Wednesday, 10 July 2019

Criminal Justice (International Co-operation) Bill 2019: Second Stage

 

8:45 pm

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

10 o’clock

I am supporting this legislation but, like Deputy O'Callaghan, I regret we are dealing with the legislation in this way. This agreement was reached in excess of four years ago but this legislation will have progressed from publication to being passed in 13 days. The timeline from publication to the first deadline for the submission of amendments was four days. The timeline from publication to the final deadline for the submission of amendments was five days. The first of those deadlines was notified at 6.40 p.m. the night before. This is a time when much justice legislation is passing through these Houses and it is difficult to try to get to grips with such an important piece of legislation in that time.

This is valuable legislation. I understand, as Deputy O'Callaghan touched on, that there is a rationale for trying to proceed with it now but this is not a good way to do business. It does not make it easy for Opposition spokespersons and it is less than ideal from the point of view of scrutiny that a Bill can progress from publication to being passed within 13 days. Having said that, there have been plenty of times I would have liked legislation to have been worked through twice as fast as that but it is not optimal.

The legislation is important and Sinn Féin supports it. Sinn Féin and others have long called for such legislation. Deputy O'Callaghan is right that there are ongoing issues in trying to deal with legacy and there is much more we need to do but the Stormont House Agreement was reached between the parties and both Governments on the issue of legacy. That was a difficult thing to achieve with a lot involved in it. The Minister was the Minister for Foreign Affairs and Trade at the time. The agreement was reached after difficult negotiations and the issue of legacy is sensitive.

To achieve that agreement was one thing but, unfortunately, we have not made progress on it. This is one of the obligations of the Irish Government and I hope the passage of this Bill will prompt the British Government to act and legislate. The British end of the legislation is more substantial and weighty. As Deputy O'Callaghan has outlined, there are ongoing requirements for inquests and inquiries, such as in the case of Mr. Pat Finucane and several others. The British Government has had this on its desk for a long time. It has gone out to consultation and that period of consultation has been extended, all the time trying to kick the can down the road. That is unacceptable and a failure of all victims. Indeed, the PSNI has identified the fact that it does not feel it has the capacity to properly investigate legacy cases. It needs the Independent Commission for Information Retrieval, ICIR, and the historical investigations unit but, unfortunately, the British Government has been very slow to act. I hope this will prompt some movement.

I also recognise that this is necessary legislation in the context of ongoing inquests into the Kingsmill massacre and the case of Arlene Arkinson. It is important for this legislation to be expedited if it can assist those inquests.

The Bill primarily facilitates the co-operation of An Garda Síochána with coroners' inquests and allows gardaí to give statements. It appears that the mechanism provided is tight, as it needs to be, as it relates to the coroner in the North or, in certain circumstances, a designated coroner in Britain could make a request for assistance to the Garda Commissioner. The Garda Commissioner can decide to agree, agree in part, or refuse. The coroner can be present while a garda of a rank no lower than chief superintendent is questioned by a High Court judge. That is appropriate. Gardaí have, in the past, provided documentary evidence but have not been in a position to provide testimony. Private individuals can do so, as things stand, but gardaí cannot. It will be of value to such inquests if gardaí can now testify.

The other issues are largely technical. Section 4, which relates to the European Arrest Warrant Act, involves a change of wording from "the High Court may" to "the High Court shall" when considering the need for further information in an applicable case. That relates to the issuing country so it is to ensure an imperative on the High Court to seek further information.

Sections 5 and 7 relate to the Garda Commissioner and Garda Ombudsman to enter into agreements on behalf of An Garda Síochána and the commission with relevant bodies. As I understand it, the Garda Síochána Act already allows for co-operation between the gardaí and policing organisations. This legislation facilitates the gardaí to co-operate with things such as a coroner's inquiry, a public inquiry, a tribunal in another jurisdiction, an ombudsman commission or policing authority. Likewise, it gives the Garda Ombudsman Commission the power to engage and co-operate with other, related bodies that are not necessarily policing organisations.

When the legislation finally comes through in Britain, the legislation before us would facilitate co-operation between An Garda Síochána and the Garda Ombudsman Commission with the historical investigations unit and ICIR established under the Stormont House Agreement. There may be a need for further legislation but my understanding is that this legislation will facilitate that co-operation.

The area of legacy is a difficult and sensitive one. Agreements have been difficult to come to. I listened with interest to Deputy O'Callaghan's suggestion about the need for international involvement. It has long been Sinn Féin's view that there is a strong case for an international truth and reconciliation commission. In the absence of agreement on a process of that kind, the best roadmap agreed by both Governments and political parties in the North and South is through the use of the Stormont House mechanisms. It is now past time to implement them. This is a step towards that but more is required in the South and of the British Government. I hope this encourages the British Government to finally move and deal with these issues.

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