Martin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

Sinn Féin supports the Bill but the question that begs to be asked is why it has taken so long to come before the House. ECRIS has been in operation in Ireland since 2012, which means that there has been some level of failure in terms of the bringing forward this legislation. That is disappointing. However, as has been stated, the Garda Síochána has been operating this system without this legislation in place to underpin it. While this has not caused any difficulty up to now, it could potentially have done so. It points to a slipshod attitude in terms of allowing it to continue in that manner for so long.

Deputy O'Callaghan highlighted an issue in the context of Brexit that will need to be addressed. Currently, all EU member states are in ECRIS. In circumstances where the UK leaves the EU without a deal, the data passed to the British authorities since 2012, which is covered by EU data protection legislation, will no longer enjoy that protection in the British jurisdiction. This means that we have passed on data over which we have no control in terms of its use in the future. That issue needs to be addressed. We are all aware of the British Government's failure to negotiate in regard to a Brexit deal, which is really only about an interim arrangement. The full arrangement is not due to come into effect until a later date but we need to see that happen as quickly as possible.

I want raise a number of issues with regard to activities that are criminal offences in some states but not in others. For example, a person in this State can be convicted for possession of fireworks but in many other jurisdictions, this is not a criminal offence. There may be other examples. The Minister of State might enlighten us as to the arrangements in that regard. Do the records of people from outside the EU who become citizens in other member states and then come to Ireland follow them from their countries of origin?

There are also concerns in respect of the storing of data. The Bill sets out the requirement for competent storage of documentation to ensure its availability for sharing, if required. We are all conscious of the tribunal of inquiry documents lost over the last number of years. While only a small number of cases have been examined through that lens, it causes one to wonder if, perhaps, portions of files relating to more than 50% of the criminal justice cases in this country may be missing. I would like an assurance that our system is sufficiently robust to ensure that such documentation is properly retained and that there is full accountability in that respect.

The Garda Síochána will be the central authority for the exchange of records. We are all aware of the staffing shortages within an Garda Síochána. It is hoped that the civilianisation of the service will help to alleviate those difficulties. However, we would like an assurance that An Garda Síochána will have adequate staff to perform this task. The timescale relating to the delivery of information requested by another EU member state is 20 working days. I am informed by people who regularly seek access to information from various agencies of the State, including the criminal justice system, that if they took receipt of that information within 20 months, they would feel they had done well. The concern is that 20 working days is an ambitious deadline in light of previous experience in this area.

Another issue arises in the context of the infringement proceedings that are in place, In November 2018, the European Commission issued a formal notice to Ireland in this regard, which I assume brought urgency to putting this legislation in place. While we appreciate that, it is difficult to understand why it has taken so long for it to come before us. We need answers in that regard. I understand that the EU Commission has stated that if Ireland does not act within the next two months, it may send a reasoned opinion. The latter would put is in a difficult position. We should not be in that space.

In regard to how this matter is being addressed in other countries, the Netherlands has put in place a provision to ensure that data is passed between member states in the event of change of nationality of an offender. Where people change nationality when they come to Ireland or another EU member state, how will this be dealt with?

As already stated, the storage of information is our main concern. Is it proposed to have separate registers for storing convictions for the purposes of retransmission or will all information be stored on a central database? The bureau in Tipperary that deals with the vetting is one of the sources from which this information is currently taken. Will that be duplicated or will the bureau continue to store the information?

When citizens from all over the country apply to that agency for vetting, they find that getting answers can be a very lengthy process. A level of efficiency that was not there heretofore needs to be brought to bear on this. I reiterate that we will support it. This situation should be brought into play as quickly as possible.

The issue of spent records is one about which we must be careful. At different times in their lives, many citizens may engage in something that would generate a criminal record and this may not be something they should carry with them all of their lives. I am thinking in particular of people who are travelling. A recent case involved a young man from the Minister of State's county of Cork who got into a serious situation in the US because of something that happened in his youth. I am sure that most other European states believe we need to look at how we deal with that in an efficient and effective manner. Having said that, if a criminal incident happens and a person gets a record and moves to another country - in this State that conviction is considered a spent conviction - and re-offends in the other country, will it come back to us in a negative way? We must think that through and be careful. The issue of spent convictions needs to be dealt with and clearly thought through in respect of this legislation.

The general thrust of what is being done here is admirable and needs to be brought forward as quickly as possible. Both Ireland and other European states need to be conscious that there is a serious issue regarding the protection of people's data with regard to the exchange of information so that it is not open to hackers and cannot be accessed by people outside the very tight confines of the criminal justice system here or in other European states.

See this speech in context