Willie O'Dea (Limerick East, Fianna Fail)

In accordance with Article 11 of the framework decision, a joint team can be set up by mutual agreement of the competent authorities of two or more member states setting up the team. The team will be set up in one or more of the member states in which the investigations are expected to be carried out. Members of the joint investigation team for member states other than the member state in which the team operates are referred to as being seconded to the team in accordance with Article 14 of the framework decision. In other words, seconded members are the foreign members of a team appointed by member states involved in establishing the team, but these members are operating outside their state of appointment.

The definition, as drafted, makes it clear that seconded members are those members who are appointed by the member states involved in the team but not the state in which the team is operating. This clarity comes from the qualifying term "that established the team". The effect of this amendment might lead to confusion. Removal of the qualifying term "that established the team" would give the impression that seconded members could be from member states other than those involved in the establishment of the team. That is not the case.

When a joint investigation team is operating in the State, the seconded members of the team will be those team members from the other member states or states involved in establishing the team. Members of the team from states other than those involved in the establishment of a team are provided for in section 6(2)(c). This provision allows the Minister to appoint persons who, in his or her opinion, have experience or expertise relevant to the investigations concerned.

The Bill distinguishes between different types of team member. On the one hand, there are the main players, the team members appointed by the member states involved in establishing a team, called seconded members where they operate outside their state of appointment. On the other hand, there are those team members appointed from wherever to provide additional experience and expertise not readily available to the existing team. To accept the amendment would only serve to blur that distinction.