Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I move:

That Dáil Éireann, pursuant to Article 29.5.2º of Bunreacht na hÉireann, approves the terms of the Treaty on Mutual Legal Assistance in Criminal Matters between Ireland and the United Arab Emirates, signed on 21st October, 2024, a copy of which was laid before Dáil Éireann on 23rd October, 2024.

I thank the Ceann Comhairle and the House for facilitating both of these motions today. I welcome the opportunity to address the Dáil on the Treaty on Extradition between Ireland and the United Arab Emirates, and on the Treaty on Mutual Legal Assistance in Criminal Matters between Ireland and the United Arab Emirates.

Both of these agreements involve a charge upon public funds. Therefore, in line with Article 29.5.2º of Bunreacht na hÉireann, the State shall not be bound by these agreements unless the terms of the agreements have been approved by Dáil Éireann.

This Government is taking all necessary steps to dismantle organised crime. Given the increasingly transnational nature of organised crime, it is absolutely imperative that Ireland strategically strengthens judicial co-operation in criminal matters with other countries as part of our overall efforts to combat this serious global threat. It is only through national authorities working together on an international basis that we can effectively fight serious cross-border organised crime and protect the rule of law, while making our countries safer and more secure. As has been the case for many of our EU counterparts, the agreement of these bilateral treaties with the UAE will be of significant support in tackling organised crime and transnational drug trafficking gangs.

These bilateral treaties have been negotiated quickly and efficiently. I informed the Government that I was opening negotiations with the UAE on bilateral treaties on extradition and mutual legal assistance in December last year. Since then, there has been extensive engagement between myself and the Emirati Minister of Justice, Al Nuaimi, and between my officials and their Emirati counterparts. The focus of these negotiations has been to ensure that the processes for extradition and mutual legal assistance between Ireland and the UAE are structured and simplified, while also ensuring essential safeguards are maintained. Following detailed negotiations, treaty texts have been agreed and subject to national ratification procedures, including in the Dáil today, that satisfy lreland’s objectives and requirements. This is particularly the case regarding respect for national law and the protection of human rights. Ireland's red lines relating to human rights standards have been firmly maintained and appropriate safeguards included in the text of the treaties. These cover protected characteristics, the non-imposition of the death penalty, torture or cruel, inhumane or degrading treatment and other relevant assurances. The extradition treaty allows extradition to be requested for any offence that is punishable by a sentence of at least one year in both Ireland and the UAE, with revenue offences being included within the scope of the treaty.

An extradition request must be refused in any of the following cases: there are substantial grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing the person sought for reasons of race, religion, ethnic origin, nationality, language, political opinions, sex or status, or that the person’s position in the criminal proceedings may be prejudiced for any of those reasons; the offence for which extradition is sought is punishable by death, unless a sentence of capital punishment is not imposed on the person sought, or if for procedural reasons such condition cannot be complied with, a written undertaking is provided that the death penalty if imposed shall not be carried out; there are substantial grounds for believing that the person sought has been or would be subjected to torture or cruel, inhumane or degrading treatment, or to proceedings which do not ensure the respect of basic defence rights. These are the three examples of where an extradition would not be agreed and it will not be permitted to extradite Irish citizens to the UAE, or Emirati citizens to Ireland, under the terms of this treaty. There are a number of further mandatory grounds for refusal of an extradition request, including where it relates to a political offence, a military offence that is not also an offence under ordinary criminal law, it would be contrary to the principle of double jeopardy, or would jeopardise the sovereignty, security, public order or essential interests of the State.

The mutual legal assistance treaty provides for the widest measure of mutual legal assistance in criminal matters, meaning investigations, prosecutions and proceedings in relation to any offence which at the time of the request for assistance falls within the jurisdiction of the requesting party. Types of assistance to be provided include the taking of statements, provision of evidentiary items, execution of requests for search and seizure, identification, tracing, freezing, seizing, confiscation and disposing of proceeds of crime and any form of co-operation that is not contrary to national law. The mutual legal assistance treaty contains the same corresponding safeguards regarding protected characteristics, the death penalty and torture or cruel, inhumane or degrading treatment. It also provides that assistance shall be refused where required assurances have not been provided, including in relation to the protection, disclosure, use or transmission of information or evidence, or to the ability of a defendant to challenge any evidence supplied if the material is to be used at trial.

Again, there are a number of mandatory grounds for refusal of a request for assistance, including where it relates to a political offence, a military offence that is not also an offence under ordinary or common law, or would jeopardise the sovereignty, security, public order or essential interests of the State. Assistance may also be refused if the double criminality requirement is not met, the request relates to an offence which carries a maximum sentence of less than six months, an investigation, prosecution or proceedings are ongoing in the State, or the execution of the request would be contrary to the principle of double jeopardy.

A novel inclusion in these treaties, as compared with Ireland’s existing extradition and mutual legal assistance agreements, is the inclusion of provisions relating to data protection. International treaties and conventions relating to co-operation in criminal matters have not traditionally included provisions on data protection as standard. However, this is changing, and more modern instruments now include provisions on the protection of personal data. Legal advice has been received which has confirmed that it is appropriate for data protection provisions to be included in both the extradition and mutual legal assistance treaties.

Over the past two years, co-operation between Ireland and the UAE on combating transnational organised crime has been significantly stepped up. These treaties cement this successful co-operation and represent a crucial step in intensifying the combined fight to combat this serious threat. In addition to greater judicial co-operation, I have taken a number of steps to support international policing cooperation, including approval for the posting of Garda liaison officers overseas. There is excellent co-operation between An Garda Síochána and their counterparts in the UAE, and the deployment of a Garda liaison officer to Abu Dhabi last year has been key to this successful co-operation. Dubai police also travelled to Dublin recently to assist members of An Garda Síochána with a large transnational organised crime investigation arising from the seizure of 2.2 tonnes of cocaine on the MV Matthew off the coast of Waterford.

While I cannot comment on any individual case, any person involved in organised crime should know there is no hiding place; they will face justice. Many organised crime gangs think they can evade justice simply by crossing borders; they cannot. The State will do everything in its power to bring those who spread misery in so many of our communities to justice. These bilateral treaties on mutual legal assistance and extradition are an important tool in this regard. The approval of these two agreements demonstrates that none of us here will allow borders to be barriers to effective criminal justice co-operation. These treaties will provide a sound legal basis, grounded in international law, for Irish and Emirati judicial authorities to co-operate effectively in criminal matters, including criminal investigations, prosecutions and proceedings. Therefore, the Government has no hesitation in commending these motions to the House. I ask all Deputies to support these motions.

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