Seanad debates

Tuesday, 20 May 2003

Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage.

 

2:30 pm

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)

I understand what the Senator is saying. Section 6 deals with membership of a joint team and provides that members of the Garda Síochána, officers of the Customs and Excise, officers of the Revenue Commissioners and officers of any other Minister may be assigned or appointed to a joint team. In addition, section 6(2)(c) allows the Minister to appoint any other person who, in his or her opinion, has experience or expertise relevant to the investigation. The provision is broad and has been widely drafted in order to ensure that whatever additional expertise or advice is needed by a team is available. The Minister has the power to look beyond the gardaí and the Civil Service in order to provide this experience or advice.

The proposed amendment seeks to qualify this provision by referring instead to one or more persons being officers of the Minister or of another Minister. This, in effect, merely repeats the provision in section 6(2)(b), which already provides for the appointment of any officer of the Revenue Commissioners, the Minister or any other Minister. It narrows the scope of the provision in that it restricts the pool of expertise to officers of Government Departments or, as Senator Tuffy said, a person in a public position.

This approach is not in keeping with the spirit of the framework decision, which makes specific provision for the inclusion of additional expertise from appropriate persons – be it fingerprint experts, systems analysts, computer programmers, accountants, researchers or statisticians – who are not representative of their competent authorities, to take part in the activities of the team. I refer, in other words, to persons who are not State officials. While I am aware that in the majority of cases the necessary expertise will be found among members of the Garda Síochána and officers of Government Ministers, I must consider the fact that a joint investigation team may be established, which, in certain circumstances, will require something extra. It is that for which I am providing.

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