Joanna Tuffy (Labour)

I thank the Minister of State for being in the Chamber and his presentation. The Labour Party broadly welcomes the Bill, which is based on co-operation in criminal law rather than harmonisation of criminal law. It is the right approach to leave intact as much as possible our sovereignty as regards criminal law and the principles which underpin it, while maximising measures at European level regarding criminal investigations. It is important that the courts remain an important part of the picture. Section 11 seems to limit how information obtained by the joint investigation teams can be used. That is a good principle of legal practice. While it is important to be tough on crime, it is also important to respect good legal principles, including fairness, etc.

The Minister of State and Senator Terry have pointed out that we have the ability to set up joint investigation teams. However, it makes sense to set up a legal framework for this. It is necessary to do so in accordance with the EU decision which requires specific and legally binding instruments to underpin the investigation teams. I note that this decision by the Council predated the EU scrutiny Bill. It is important that such Council decisions are previewed by the Oireachtas before they are made. I know this is outside it. The Minister recently attended a meeting of the Joint Committee on Justice, Equality, Defence and Women's Rights to bring to our attention proposals to amend the European convention in relation to the setting up of Europol. It is important that such scrutiny is carried out as much as possible.

I agree with Senator Terry that we must ensure resources are given to the Garda Síochána to do its work under this legislation, which I welcome. Like the Europol Act and other initiatives at European Union level, this measure is necessary. As the Minister of State and other Members said, crime does not respect national borders. Senator Terry raised a number of questions to which I would be interested to hear the Minister of State's response. Having dealt with the Bill on co-operation between the Garda Síochána and the Police Service of Northern Ireland, it seems this legislation does not deal with misdemeanours by members of police forces involved in the joint investigation teams in the same way as the other Bill, although I may have missed the appropriate reference.