Dáil debates

Thursday, 11 February 2021

Counterfeiting Bill 2020: Second Stage

 

10:30 am

Photo of Ruairi Ó MurchúRuairi Ó Murchú (Louth, Sinn Fein) | Oireachtas source

I do not think anyone is particularly shocked that there is a need to update and streamline the legislation on counterfeiting, given the multiple issues that have occurred recently. There have been cross-jurisdictional issues concerning material and the question of who is liable. Technology has changed in recent years. We must also ensure there are processes in place so that those involved in financial institutions can pass on information in cases where they believe there has been counterfeiting or white-collar crime. As Deputy Ward said, the connection between what we sometimes term white-collar crime and the cleaning process is not that much removed from the organised crime and drugs gangs ravaging communities.

Deputy Mairéad Farrell outlined that at times the State has been slow to update and upgrade infrastructure and legislation and that sometimes we have been behind the curve. I welcome the fact that the Minister of State, Deputy James Browne, and the Minister, Deputy McEntee, are taking the issue head-on. We have had numerous pieces of legislation, which is positive. We will support the Bill proceeding to Committee Stage to ensure we have the legal framework, capacity and infrastructure to deal with white-collar crime, surveillance, investigation and enforcement. We cannot leave any stone unturned in that regard.

As I do in many such speeches, I ask for some leeway in terms of seeking a response from the Minister of State. We are dealing with cybercrime and the need for the State to have the capacity to deal with it. I wish to ask the Minister of State about the capacity of the National Cyber Security Centre. Previous speakers referred to the fact that the report on the future of policing indicated that we need to improve our capacity to deal with cybercrime. We are all aware of online and tech scams giving rise to major issues that impact on people. They include the impact on electoral contests by state and non-state actors using the communications infrastructure. Issues arise with tech companies and ensuring we have best practice and truth. We are all aware of the difficulties. Reference has been made to certain elections in America and even the Brexit referendum. There is a crossover between elections, crime, best practice and publication laws regarding tech firms and we must sort it out. I want to know where the responsibility falls and who will be the main players. We are talking about this being a cross-departmental issue involving the Defence Forces and the Garda. Will it be the responsibility of the National Cyber Security Centre or will there be a body similar to the FBI and the National Security Agency, NSA? What are the plans in terms of updating the legislation and ensuring we have the capacity, infrastructure and personnel to deal with cybercrime and its connection with organised crime? I would appreciate if the Minister of State could provide me with an update in that regard.

Every time I have spoken in any debate relating to crime, I have made a point about the drugs pandemic. I spoke on it in the House yesterday. The Minister has already said she is seeking to deliver legislation on the proceeds of crime, in particular to divert the proceeds of drug dealing to fund front-line services. However, it should not be the only source of funding. All the groups talk about the need for multi-annual funding. It is a natural justice aspect of the issue that needs to be sorted. The Minister of State, Deputy James Browne, and the Minister, Deputy McEntee, must persuade the Taoiseach to set a date for a Citizens' Assembly to deal with the drugs pandemic, notwithstanding the Covid difficulties. I would also welcome an update on the plans for a youth justice system that is fit for purpose. If I recall correctly, the University of Limerick, UL, Greentown study, indicated that up 1,000 children could possibly be open to involvement with criminal gangs, so we need something that is more fit for purpose than what we currently have.

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