Dáil debates

Wednesday, 23 September 2020

Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Second Stage (Resumed)

 

7:15 pm

Photo of Cathal BerryCathal Berry (Kildare South, Independent) | Oireachtas source

To begin, I wish to extend my very best wishes to the Minister of State and his family on his recent appointment in the Department of Justice and Equality. Law and order are significant priorities for me and my constituents and I very much look forward to engaging with him over the coming years in that regard.

From the outset I am very happy with the legislation that is before us. It is long overdue and I will certainly support its passage through the Dáil. I have seven points to make which I will try to keep as brief as possible so that others can get to speak. My first point is the only negative one I have which is on the delay. I know that it has been mentioned before but it is a pity that it has taken so long to get this legislation to the floor of the Dáil. I totally accept that the Minister of State has just recently assumed his role, so this is not a slight against him in any shape or form, but it does reflect very poorly on the country and unnecessarily damages our international reputation. The European Union was quite decent with us and gave us plenty of time to enact this legislation, and it is a pity that we are now eight months behind its enactment timeline.

A central component of this legislation is the deterrent factor. We should ask ourselves how many crimes have been committed in the past eight months that were not deterred. How many of the crimes that were committed in the past eight months cannot now be penalised because we cannot apply the law retrospectively? I fully agree that there is collective Cabinet responsibility and it is up to the Government to drive the legislative programme, but I am also of the view that there is a collective responsibility on all Deputies in the Dáil, be they a member of a party or a member of an Independent grouping, to stick to the timelines and advance legislation, especially important legislation like this which has an international deadline. From a Regional Group perspective, we will certainly be supporting any such legislation and will play our part in that regard.

My next point is that I certainly agree with the content of this legislation.

Any measures that are brought in to tighten up procedures in respect of cryptocurrency or money laundering through expensive works of art and any restrictions that can be placed on drug trafficking, human trafficking and the likes are to be welcomed. I believe, however, that we will be back here before the end of the Thirty-third Dáil because we will need to amend and update this legislation. As technology advances and there is greater sophistication from a terrorist and organised crime perspective, we need to ensure that our enforcement agencies have all the necessary powers to combat and deter this type of activity.

The third point I want to make is that it is not enough to have only legislative powers. We also need to resource our people, particularly the enforcement agencies. If we task, we must resource. I join the vast majority of Deputies in the Chamber in commending the actions of the Criminal Assets Bureau, in particular over the past ten years, the Garda National Economic Crime Bureau, and a lesser-known entity, J2, the military intelligence service, which has been operating in this space also. The J2 in particular is finding it very difficult to retain its people and that level of expertise, so if there is anything the Minister can do at the Cabinet table to improve retention in the Defence Forces, it would be greatly appreciated.

The fourth point I want to make is that in this country we are especially susceptible to organised crime and the financing of terrorism for a number of reasons. First is our massive financial services industry, which employs up to 40,000 people, and at least €2 trillion is being managed through international funds through this country. That makes us very vulnerable but it also places a huge obligation on us to make sure that any money that is pushed through these pathways is done for legitimate purposes only.

The second reason we are vulnerable is because of domestic terrorism. We still have a number of armed elements on both sides of this island who are engaged in terrorism. They are not on ceasefire. We probably have the greatest terrorism issue in the European Union here on this island, and we should not forget about that. As recently as last Friday night a viable, live, improvised explosive device was found in Galway, so it has not gone away. Somebody paid for that detonator. Somebody paid for those explosives. Somebody paid for the bomb maker's labour. As the former four-star general in the US and former Secretary of State, Colin Powell, said, money to a terrorist is like oxygen. If the supply of money is cut off, it cuts off the supply of oxygen. I very much support this Bill from that perspective.

The third reason we are vulnerable is because of international terrorism. The perception, rightly or wrongly, is that Ireland is a soft spot for terrorism. One can come to Dublin, train, look after the logistics and financing, and then launch attacks on mainland UK and continental Europe. That is an area on which we have to focus also.

The fifth point I want to make is about improvement. We are unique in this Parliament in that we do not have a special committee. Most sovereign republics would have a defence, intelligence and security committee. Any country which takes its sovereignty and security seriously would have such a committee. We have a foreign affairs and defence committee but we do not have a committee that covers intelligence and security. Parliamentary oversight of these agencies is very important in western democracies to ensure that they are properly resourced. Many of these agencies are uniform services. They do not have the luxury of the same number of voices that civilian agencies have, so it is very important that they have an opportunity and a platform to voice their concerns in respect of resourcing, staffing and premises. If there was one constructive suggestion I would make it is that we should consider setting up a defence, intelligence and security committee. All of the testimony would not have to be in open forum. It could be in closed session, if required. I very much recommend that for either this Dáil or the next Dáil, we would look at setting up a defence, intelligence and security committee.

Sixth, the National Security Analysis Centre is an agency that was established last year under the Department of the Taoiseach. Dermot Woods is the civil servant in charge. We have not heard a whole lot about it. It was set up to integrate and co-ordinate all the information coming from the various intelligence agencies in the country, be it military, police, Revenue or customs and excise. The Minister might mention that when replying or, subsequently, by way of a written reply. Where are we with the National Security Analysis Centre? Does it have a premises? How many staff does it have? Is it effective? Has it been consulted on the drafting of this legislation?

My final point is on the national security strategy, which was to be devised by the National Security Analysis Centre. There was public consultation up to 31 December last year but since then nothing has happened. We have not heard anything. If the Minister would update the House when replying or by way of written reply subsequently, it would be very much appreciated.

We completely support the Minister in his role. Organised crime and law and order are massive issues across regional and rural Ireland and in coastal communities. The Minister can be assured of the full support of the Regional Group in respect of any measures he takes that will curtail these type of activities. Any expertise I have is at the Minister's disposal should he choose to avail of it.

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