David Stanton (Cork East, Fine Gael) | Oireachtas source

I thank Deputies O'Callaghan and Martin Kenny for their involvement in the debate on this very important matter and for raising questions. I may not have all the answers to questions raised by Deputy Martin Kenny this evening. I thank him for all the work he has done on this and the consideration he has given it. I will ask for the questions he raised to be considered seriously and will get responses to him before the next Stage because they are important. The issue of delay was mentioned. Transposition was delayed because of domestic legislation, which was a greater priority in the intervening years since the Government approved the drafting of the Bill on 7 April 2012. A lot of legislation that had priority has been dealt with since then. Regard must also be taken of the new European Commission's proposals in the form of a directive of 2016 and a regulation of 2019 that were designed to adapt the ECRIS system so that it could be extended to facilitate the exchange of criminal record information relating to third country nationals. This Bill does not transpose those instruments but we need to be mindful of their progress. The Deputy is right that we need to move this on quickly and get it done. Deputy O'Callaghan mentioned the EU justice issue, which is not really part of this. I remind the House that we are putting together a new EU justice strategy and are very mindful of the issues raised by the CSO on that matter.

I affirm that the Government is committed to transposing the two relevant European instruments that give effect to ECRIS in the form of this Criminal Records (Exchange of Information) Bill 2019, which I have introduced to the House today. The importance and value of ECRIS cannot be overstated. Ireland continues to agree with the principle of expanding ECRIS to improve the exchange of information regarding those persons with criminal convictions. The exchange of criminal record information between Ireland and other EU member states, which this system facilitates, is vital for enforcement authorities to more effectively do their job and stop criminals evading the law throughout the EU and beyond. I know that many Members of the House may be considering the implications of Brexit, which was mentioned by Deputy Martin Kenny, in respect of how criminal record information may be shared under this system with our neighbours in the UK. Of course, it would be preferable if the UK was to remain connected to the ECRIS system but that is a matter for the UK authorities and its Government to discuss in the course of its deliberations with the Commission on the nature of its exit from the EU. It is a matter for Her Majesty's Government and it would not be appropriate for me to speculate in this regard, but we are acutely aware of the value and importance of a co-operative relationship with the UK authorities in the sharing of this type of information and efforts continue to focus on ensuring that a mutually-beneficial relationship continues in that respect.

This Bill essentially provides for the transposition of European instruments that give effect to a system designed to provide competent authorities from one European Union member state with access to information from the criminal records of individuals from another member state. Its stated purpose is to facilitate the exchange of information from criminal records so that individuals' previous convictions can be taken into account if they become involved in new criminal proceedings. Ultimately, our objective is the same as that of all other member states in providing for this system, namely, to assist our agencies to enforce the law, to minimise crime and to combat terrorism.

The Oireachtas Joint Committee on Justice and Equality agreed that pre-legislative scrutiny on this Bill was not required. I re-state that I am hopeful that this Bill can quickly progress through the Dáil. This Bill is based on two technically complex and detailed European instruments. It has been subject to thorough and comprehensive legal scrutiny both in my Department and the Office of the Attorney General in the past two years. It has also been subject to several rounds of consultation, particularly in conjunction with our national central authority that will operate the ECRIS system, namely, the national vetting bureau of An Garda Síochána. I am pleased that we arrived at a point where the Bill received Government approval and was published on 31 July. Given that our non-transposition of the relevant Council framework decision is currently subject to infringement proceedings, I am confident that the steps we have recently taken and the passage of this Bill through the Houses will address any outstanding concerns of the

Commission in this regard and I again commend this Bill to the House. I will get the answers to some of the very technical questions asked by Deputy Martin Kenny.

See this speech in context