Joe Costello (Dublin Central, Labour)
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Question 5: To ask the Minister for Justice, Equality and Law Reform his response to the policy document recently published by the SDLP entitled North-South Makes Sense; his views on an all-Ireland agency to combat crime and terrorism, an all-Ireland criminal assets bureau and an all-Ireland sex offenders register; and if he will make a statement on the matter. [9985/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I welcome this important document because it represents a positive contribution to the agenda of North-South co-operation. The Government is focused on developing North-South co-operation across a full spectrum of areas. In terms of the specific areas referred to by the Deputy, a wide range of co-operation is already in place. An intergovernmental agreement on police co-operation was signed by the Irish and British Governments in 2002. This provides the framework for the implementation of the Patten recommendations which relate to the ongoing enhancement of North-South police co-operation. Closer communication and co-operation between our police services will directly assist in crime prevention and detection and can only improve the effectiveness of cross-Border policing and the fight against terrorism, drugs, smuggling and other organised crime to the benefit of all the people of this island.

Protocols for a programme of personnel exchanges and secondments between the Garda Síochána and the Police Service of Northern Ireland have been agreed. Secondments and exchanges will provide a two way flow of experience and expertise which will enhance policing standards in both organisations. Personnel exchanges have now commenced between the two forces and I intend to expand the programme. Work is progressing on other aspects of the intergovernmental agreement, such as joint emergency planning, joint investigations, training and annual conferences.

The House will be aware of the considerable amount of co-operation that takes place between the bureau and the Assets Recovery Agency in Belfast and London. Investigations are carried out in conjunction with UK Customs, the Police Service of Northern Ireland, the Assets Recovery Agency and the Revenue Commissioners. Operations have led to prosecutions and resulted in the forfeiture of assets and the breaking up of a number of organised crime gangs involved in illegal cross-Border activity. Only today, a joint CAB-ARA operation was conducted along the border into the activities of a well-known member of the Provisional IRA.

With regard to sex offences, the Sex Offenders Act 2001 contains provisions on persons travelling to and from this jurisdiction. Close liaison is maintained between the Garda Síochána and the Police Service of Northern Ireland in respect of persons subject to the Act and information on the movements of such persons is exchanged for policing purposes. A memorandum of understanding on information sharing arrangements between Ireland and the UK, including Northern Ireland, with regard to sex offenders has been negotiated by my Department and the Home Office and I expect Government approval for this shortly.

Additional information not given on floor of House.

The intergovernmental agreement on North-South co-operation on criminal justice matters was signed on behalf of the Irish and British Governments in July 2005. Under the agreement, a registered sex offenders advisory group has been established consisting of representatives of the Garda Síochána, the Police Service of Northern Ireland, my Department and the Northern Ireland Office. This group will evaluate the potential for sharing information, including potential benefits and barriers, and will identify areas for future co-operation.

This Government will continue to push forward the North-South agenda. While proposals for all-Ireland criminal agencies such as those proposed would raise constitutional and legislative difficulties, the Government will continue to promote closer co-operation between the two jurisdictions in all areas where it will prove beneficial to the people of this island.

Joe Costello (Dublin Central, Labour)
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While I am glad the Minister welcomes the proposals, can we make progress in implementing them? For example, the Criminal Assets Bureau has admitted that about 35% of its investigations into money laundering, smuggling and drugs are conducted on both sides of the Border and that its powers are different to those of the Assets Recovery Agency. The ARA can only investigate matters when the PSNI specifically requests it to do so, whereas the CAB has its own powers and responsibilities. We need a common agency with the same powers and an overarching mandate in both jurisdictions. The same applies with regard to intelligence on crime and terrorism matters. Rather than basic co-operation on registers of sex offenders, a common register is needed to cover the entire island.

While we have done some work in terms of co-operation, we have done little to create a single all-Ireland agency in these areas. Can we not, in the context of the Good Friday Agreement, implementation bodies and the North-South Council, begin to harmonise the powers of the agencies to benefit the citizens of both jurisdictions? A single agency should have responsibility in some areas, such as a single sex offenders register or a joint criminal assets bureau. These would be more beneficial in terms of delivering services.

Michael McDowell (Dublin South East, Progressive Democrats)
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I have great sympathy for the Deputy's point that a single agency should combine the functions of CAB and ARA on an all-island basis. There is significant scope for cross-Border agencies of this kind and the changes made to the Constitution in the aftermath of the Good Friday Agreement make provision for their establishment. As a footnote, on a recent perusal of archival material in my Department, I noticed that some exciting proposals were made during the Sunningdale negotiations by the Irish Government for joint policing initiatives. However, we have to learn to walk before we run. We have to ensure the basis for co-operation between the forces of law and order on either side of the island is enhanced and that interpenetration takes place through secondments so as to build the necessary trust.

In principle, I support proposals to establish a single criminal intelligence body but we must be aware of political realities in Northern Ireland. It was difficult enough to persuade the majority community there to accept the Patten proposals, let alone introduce an all-Ireland dimension to some aspects of policing.

I strongly support any method whereby common notification can be made of sex offenders who are registered on either side of the Border upon conviction in the UK or Ireland, if not a single register of such offenders. However, a single sex offenders register would probably necessitate an alignment of criminal law in the area of sexual offences because complications would otherwise arise in terms of putting people on the same register if each jurisdiction provided for difference consequences for offences. I have an open mind on the question of whether a mutual recognition system or a single register is the correct approach. I concur with the Deputy that it is essential that sex offenders registers be made interoperable at the very least.

Joe Costello (Dublin Central, Labour)
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As it is a unique event that the Minister and I are at one on an issue, I wish to ask one more question.

Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy wants to find one point of disagreement.

Jim O'Keeffe (Cork South West, Fine Gael)
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It is getting dangerous. Will Deputy Costello accept the Minister in the next Government?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We have to move on because we are out of time.

Joe Costello (Dublin Central, Labour)
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Will the Minister examine the proposals made in this document on justice and policing to determine whether progress can be made through the establishment of a combined agency? Steps could be taken by his Department and the authorities on the other side of the island towards——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should give way to the Minister. We are already 20 minutes beyond the allotted time for Priority Questions.

Michael McDowell (Dublin South East, Progressive Democrats)
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The document will be closely studied and the Deputy can rest assured the Government has a substantial appetite for North-South co-operation in criminal justice matters.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I remind the House that two minutes are allowed for the Minister's reply, one minute for each supplementary question and a total of six minutes per question.