James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Deputies for their contributions. I will address a number of matters.

With regard to Deputy Martin Kenny's points on the UK, obviously, it is now a third country. Provision is made within the protocols and the regulations for third-country co-operation, however, so I expect that will continue, albeit in a slightly different format in the sense that it will be a third country but nonetheless, it will be able to continue.

I note the Deputy's comments with regard to transposition. One of the reasons we have transposed so much legislation is that, obviously, there are deadlines, but I have also made it my business to make sure that legislation is cleared through the Houses. We have that backlog now almost completely dealt with. There are only two more items of legislation currently before the Houses to finish and a couple of regulations. We should have all those on top. I certainly aim to ensure that we do not have any issue around transposing legislation thereafter.

With regard to a number of other issues, the digitisation of existing data exchanges will not introduce any new personal categories compared with what is already exchanged today nor will it affect existing data processing arrangements. It is what is already there, if you like, and tidying up how we deal with the data that exists under current legislation. In terms of concerns raised, this new secure platform aims to mitigate the risk of security of individual data. It is an improvement compared to present exchanges, which at the moment actually use paper and email. A person's data will be protected to a greater extent under this new system whereby we will have the data centre and secure communications via digitisation rather than the current paper and email formats.

As regards the decision earlier today by the Court of Justice of the European Union, obviously, I cannot - and it would be totally inappropriate to - comment on any case that is currently before the courts. This matter will now revert to the Supreme Court. My Department and the Attorney General will consider the judgment of the Supreme Court when it is finalised, which will inform the legislation going forward.

The Government today approved my Department's request to seek the approval of both Houses of the Oireachtas to opt into this European Commission proposal, which seeks to establish a collaboration platform to facilitate exchanges and co-operation within the joint investigation team framework. I thank all the Deputies for their contributions to the debate. I welcome the support across the Houses in respect of the motion. It is very welcome and important. Ireland recognises the importance of international co-operation with our international partners, particularly in the context of combating cross-border crime. As Deputies will be aware, Ireland, through An Garda Síochána, already participates in joint investigation teams and sees the value in continuing to do so. Joint investigation teams have proven to be one of the most successful methods for cross-border investigations and prosecutions. As such, the collaborative platform proposed in this regulation will contribute to supporting and improving the efficiency and effectiveness of joint investigation teams.

The platform will be accessible to all actors involved in joint investigation teams' proceedings, including specific member states' representatives and representatives of third countries, who will be invited to co-operate in the context of a given investigation, as will competent European 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 limited the potential of joint investigations to date. As outlined earlier, the regulation itself is more technical than legal in nature and applies to the processing of information, including personal data. It takes into consideration the exchange and storage of operational information and evidence as well as non-operational information. This regulation will apply to all phases of a joint investigation team starting from the time members sign up to collaborate in this way. This regulation does not amend or otherwise affect the existing legal provisions on the establishment, conduct or valuation of joint investigation teams.

Rather, it will simply enhance the capability of the teams to work more speedily and more effectively. Our experience of participating in and contributing to joint investigation teams, through An Garda Síochána, has shown how successful and effective they can be for cross-border investigations or prosecutions. The technical difficulties preventing them from gaining the highest possible efficiency that have arisen in practice can be overcome. The joint investigation teams collaboration platform proposed in this regulation will solve these problems and deliver the technical support that has been missing so far.

In case we needed any further evidence of the centrality and importance of joint investigation teams to tackle the most serious cross-border and transnational crime, we can see it in yesterday's news regarding the EU's setting up a joint investigation team with Ukraine to collect evidence and investigate war crimes and crimes against humanity in respect of the atrocities in Bucha. We are committed to tackling serious organised, cross-border and transnational crime and our continued engagement in and commitment to joint investigation teams is central to that. By doing this now, under an Article 3 opt-in, we will ensure we are at the table with our European partners and can be fully involved in the detailed negotiations on the proposal.

I again commend the motion to the House.

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