Michael McDowell (Dublin South East, Progressive Democrats)

I am grateful to the Acting Chairman for circulating the amendment made by Dáil Éireann in this matter. I come before the House today to seek approval of a Government amendment to section 5(4) of the Criminal Justice (Joint Investigation Teams) Bill, which was approved on Committee Stage in the Dáil. I will outline to the House the terms of the amendment.

Section 5(4) as initiated provided that, where a joint investigation team has been established by member states other than this State, this State could join the team on such terms and conditions as the Irish competent authority might agree with the competent authorities of the state which established the team. Following an amendment approved by this House on Report Stage, the Irish competent authority had also to be satisfied that the criminal conduct under investigation occurred either partly in the State and partly in another member state or states, or that the investigation thereof had links with the State.

In addition, the competent authority had to be satisfied there were reasonable grounds for believing that it would be in the public interest, having regard to the benefit likely to accrue to the investigation into the conduct, to join the team because it is likely that in order for the investigation to be more effective, part of it would have to be conducted in the State, or the investigation would require co-ordinated and concerted action by the member states concerned, including this State. However, in making that amendment in this House the reference in the original subsection to the effect that the State would join such a joint investigation team on such terms and conditions as the Irish competent authority might agree with the competent authority of the other member states concerned was inadvertently omitted. As such, in making an amendment, we inadvertently omitted other important material. The subsection was, therefore, further amended by way of a Government amendment on Committee Stage in the other House to provide accordingly.

The amendment also brings the provision in section 5(4) of the Bill into line with section 5(5) of the Bill, whereby another member state may join a team already established by more than one member state, including this State, on such terms and conditions as its competent authority may agree with the competent authority or authorities of the other member state or states concerned. The amendment made in the other House also clarifies that it is the conduct already being investigated by the team which is at issue.

I hope Senators will agree that the proposed amendment provides greater accuracy and clarity in relation to section 5(4). I thank all Members who contributed to the debate on the Bill and I look forward to the legislation being enacted.