Tom Parlon (Laois-Offaly, Progressive Democrats)

Amendments Nos. 4 and 5 are being discussed together. Sections 4 and 5 allow the State to join a joint investigation team which has been established on such terms and conditions as the Irish competent authority may agree with the competent authorities of the member states involved in the original establishment of the team. Section 4(3) deals with the criteria to be taken into consideration by the State when deciding whether to agree to a request from another member state to establish a joint investigation team.

On Committee Stage, Senator Tuffy made the point that the State could join an existing joint investigation team without any conditions and especially without any of the conditions that would have to be considered if the State was involved in establishing the team, and proposed a cross-reference from section 5(4) to section 4(3). The Minister of State, Deputy O'Dea, explained that although he considered the proposal reasonable, the sections in question deal with two different sets of circumstances. Regarding future establishment of a team and joining a team which has already been set up, it has been advised by the office of the parliamentary counsel that as the sections deal with two different sets of circumstances, it would not be technically possible to link them in this way.

The Minister of State, Deputy O'Dea, promised that in deference to the points made he would return to the issue on Report Stage. Section 5(4) is being examined again in consultation with the office of the parliamentary counsel. We agree that while section 3(1) lists the criteria which must be considered when the State decides to establish a joint investigation team, section 4(3) lists the criteria which must be considered when the State is considering whether or not to agree to a request from another member state to establish a team. There are no criteria to guide us when deciding to join a team which has already been set up. This is an omission and I thank Senators for drawing it to our attention.

The effect of the proposed amendment is to provide for such criteria. I propose to introduce a new subsection (4) to section 5 which provides that when deciding whether to join a team which has already been established, the competent authority must consider whether conduct which would constitute an offence if it occurred in the State has occurred, whether the investigation of such conduct has links with the State, whether it would not be in the public interest to join the investigation team and whether the investigation would be more effective if part of it was conducted in the State. In the circumstances I invite Senators to withdraw their amendment in favour of the one I have submitted. I recommend the amendment to the House.