James Browne (Wexford, Fianna Fail) | Oireachtas source

I move:

That Dáil Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure: Proposal for a Regulation of the European Parliament and of the Council establishing a collaboration platform to support the functioning of Joint Investigation Teams and amending Regulation (EU) 2018/1726, a copy of which was laid before Dáil Éireann on 22nd December, 2021.

I thank the House for facilitating this motion this afternoon. The Government today approved my Department's request to seek the approval of both Houses of the Oireachtas to opt in to this European Commission proposal. The proposal seeks to establish a collaboration platform to facilitate exchanges and co-operation within the joint investigation team, JIT, framework. As joint investigation teams have proven to be one of the most successful tools for cross-border investigations and prosecutions, I am delighted to have the opportunity to present this motion to the House today.

Joint investigation teams, JITs, are set up by two or more states for the purpose of specific criminal investigations with a cross-border impact and for a limited time. This framework allows the competent judicial and law enforcement authorities involved to organise and co-ordinate their actions jointly, and to investigate efficiently, even in very complex cases such as organised crime activities. An Garda Síochána currently participates in joint investigation teams and supports this initiative.

Although joint investigation teams have proven to be one of the most successful tools for cross-border investigations and prosecutions in the European Union, practice shows they have been facing several technical difficulties preventing them from gaining the highest possible efficiency. The joint investigation team collaboration platform proposed in this regulation aims to solve these problems and deliver the technical support that has been missing thus far.

The proposal will establish a highly secure collaboration platform, provide technological support to participants and ensure that information and evidence can more be shared more effectively and safely. The main objective of the proposal is to provide technological support to those involved in joint investigation teams to increase the efficiency and effectiveness of their cross-border investigations and prosecutions. To meet these objectives and to tackle the underlying difficulties, a dedicated IT platform is proposed. The platform will be accessible to all actors involved in JIT proceedings, including specific member states' representatives, representatives of third countries invited to co-operate in the context of a given investigative team, and the competent Union bodies, offices and agencies such as Eurojust, Europol and the European Public Prosecutor’s Office. The proposed collaboration platform will solve the technical problems and provide the technical support that has been missing from joint investigations to date.

The regulation itself is more technical than legal in nature and applies to the processing of information, including personal data, within the context of a joint investigation team. That includes the exchange and storage of operational information and evidence as well as non-operational information. This regulation applies to the operational and post-operational phases of a JIT, starting from the moment the relevant joint investigation agreement is signed by its members. The regulation does not amend or otherwise affect the existing legal provisions on the establishment, conduct or evaluation of joint investigation teams.

The legal basis for setting up a joint investigation team is Article 13 of the European Union Convention on Mutual Assistance in Criminal Matters, and a Council framework decision of 13 June 2002 on joint investigation teams.

The Criminal Justice (Joint Investigation Teams) Act 2004 provides for the measures necessary to give effect to EU Council decision on joint investigation teams and provides for the terms under which joint investigation teams can be established. The Criminal Justice (International Cooperation) Act 2019 made further provision in this regard to better facilitate the participation of members of An Garda Síochána in joint investigation teams.

To provide broader context, this proposal is one of a package of measures announced by the Commission on the digitalisation of justice in the EU as part of a larger initiative to enable the secure electronic communication and exchange of information and documents between courts, national authorities, and justice and home affairs agencies. This is a stand-alone proposal, apart from the other measures in the digitisation package. Ireland intends to opt in at a later date to other such proposals when the preparatory work is undertaken.

For member states, no technical costs are considered because the platform will be developed and hosted by the EU centrally and accessed remotely using a browser-based system. There will be a one-off EU development cost of about €10 million incurred centrally. There will also be an EU central recurring cost for technical matters, maintenance and operation of the platform of approximately €3 million per annum. For member states, the platform will not require any adaptions of the national technical infrastructure and access will be web-based.

The joint investigation teams framework has been pivotal in recent years in tackling serious, organised and transnational crime. Ireland currently participates in joint investigation teams and we certainly see the value in continuing to do so and in supporting this proposal.

Following the discovery of 39 individuals in Essex in the United Kingdom in October 2019, authorities in the United Kingdom, as well as Irish, Belgian and French authorities carried out initial actions, and subsequently conducted investigations and searches in regard these tragic events, which led to the formation of a joint investigation team. The effective liaison by An Garda Síochána with the other participating forces in this joint investigation team, with colleagues in the PSNI and various other police agencies, meant a number of suspects were apprehended and sentenced to significant periods of detention following conviction by various courts in several jurisdictions.

This is a practical example of a joint investigation team. The experience gained in respect of multi-jurisdictional operations and the available support from various European statutory agencies such as Eurojust and Europol cannot be underestimated from an operational and learning perspective and will be built on and utilised by An Garda Síochána.

Only yesterday, the EU announced that it is setting up a joint investigation team with Ukraine to collect evidence and to investigate war crimes and crimes against humanity in Ukraine. In a statement following a phone call with President Zelenskyy regarding the atrocities in Bucha, the European Commission President Ursula von der Leyen stated: "The EU is ready to reinforce this effort by sending investigation teams on the ground to support the Ukrainian Prosecution Services. Eurojust and Europol are ready to assist." President von der Leyen proceeded to state: "A global response is necessary. There are ongoing talks between Eurojust and the International Criminal Court to join forces and for the Court to be part of the Joint Investigation Team." This is a further demonstration of this framework in action.

Ireland, together with its EU partners, is committed to tackling serious, organised, cross-border and transnational crime. Our continued engagement and commitment to joint cross-border investigations is central to that. The current proposal will improve the efficiency and effectiveness of such investigations. As a result, the Government has no hesitation in commending the proposal that we opt in to the House. The Office of the Attorney General has advised that opting into the proposed decision will not create any constitutional or legal issues for the State. Doing so now under an Article 3 opt-in will ensure that we are at the table with our European partners and that we are involved fully in the detailed discussions on the negotiation of the regulation. It will also indicate our continuing commitment to tackling serious cross-border and transnational crime. I commend the motion to the House.

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