Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

I am glad to have an opportunity to speak on this important legislation. I will comment on the extent to which technology is moving ahead and making it easier for authorities to counter money laundering and criminal gang activity. However, technology is also available to those who do not obey the law. There is ample evidence to tell us that these criminal gangs use updated technology to progress their organisations and that they do so effectively. We have all had experiences of attempted infiltration of our mobile phone systems, especially over the past weeks. The same applies to financial services and attempts made by gangs to infiltrate the system.

When the original EU legislation was passed, as far back as 2010, or 2014 in this case, it was deemed to be necessary at that stage and it was submitted for transposition into legislation in Ireland and the domestic legislation of other European countries, but we have only got around to transposing it now. I know we can say we were otherwise engaged with Covid, elections and so on but we need to show greater urgency in how we address such legislation in future.

Every moment lost is time given to those who use modern technology to make a profit and to enhance their own futures and the control they have. I hope that the Minister of State will note that the transposition of any EU legislation into Irish law in the future should be done at an earlier stage. We should do so at the very first opportunity unless there are compelling reasons to do otherwise.

Another point worth making regards the extent to which authorities in this jurisdiction were involved in submissions made to the EU authorities when the original legislation was introduced at that level. Any delays in the interim period could be very costly. We need to be alert to these challenges in the future. They do not go away. They are ever present. From what we have seen of the activities of organised criminals in this jurisdiction, we know that such activities have not diminished and that these criminals have enhanced their roles, their technology, their activity and their profits. We need to take account of that and to ensure that, where possible and where there are not compelling reasons not to do so, EU directives are transposed into Irish law. I hope that can be taken into account.

I am sure the Criminal Assets Bureau made submissions regarding the need for this legislation in the beginning or that it was at least consulted, as it should be. I congratulate the bureau on its efforts in countering and challenging national and international criminal activity. I hope that its current spate of successes can continue well into the future. I hope the day will come when the need for the bureau will not be as great as it now is. I am not sure such a day will come. As long as there are possibilities for people to make a profit at the expense of the general public or governments, they will do so. It is up to us, as legislators, to put in place the necessary provisions and obstacles to obstruct such activity.

Deputy Catherine Murphy mentioned the extent to which cash transactions have diminished over recent years, and over the last year in particular for obvious reasons. I agree with the Deputy but the legislation should not be constructed in such a way as to discommode the public to any great extent. We need to encourage and protect the public to ensure that they can carry on their business normally without interruption or threat. It is a matter for us to ensure that procedures are put in place to disturb, distract and discommode national and international criminal actors. I emphasise the international aspect. We are aware of Irish connections to criminal activity across the globe in virtually every country in Europe and outside of it. Irish people are regularly involved in scams and illegal profiteering through this system. It is essential that we note these issues and put such information to good use in determining how to deal with them.

I congratulate the Minister of State for bringing forward this legislation, subject to my comments on timing. I ask that a review be carried out of all EU legislation whose transposition into Irish law is pending. Perhaps such an assessment might be done with a view to identifying the most sensitive areas in which intervening at an earlier stage might be most beneficial.

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