Seanad debates

Thursday, 2 March 2006

Criminal Justice (Mutual Assistance) Bill 2005: Second Stage.

 

1:00 pm

Photo of Tony KettTony Kett (Fianna Fail)

I welcome the Minister to the House. For a moment I was going to take his excellent lead and speak as Gaeilge but I decided to perfect the English first, the better part of valour. I welcome also the fine Bill the Minister has placed before the House. It gives greater effect to existing domestic laws by offering mutual assistance for ourselves, our European partners and others in the fight against terrorism and organised crime. It will also facilitate better detection and prosecution.

There is worldwide recognition of the need for a co-ordinated and concerted effort to aid the detection of, and fight against, organised criminals and terrorists. We know these people do not uphold the sanctity of human life or tolerate differing views. Our response must be to protect and uphold those values and ensure we face down terrorists and give our people and society in general a better way of life.

Globalisation has brought many economic benefits but because it is easier to cross borders it has also allowed the evil of terrorism to grow. We have a duty as a member state of the United Nations and the European Union to enact legislation that brings us into line with other states and enables us to respond to terrorism. Unfortunately, we have had to face down terrorism on this island for many years but perhaps because of that we have better domestic legislation to deal with the threat than many of our counterparts in Europe. That threat, however, was posed by indigenous groups and our legislation needs a broader dimension. We have enacted many fine Bills under the watchful eye of the Minister in terms which have provided that broader dimension. In hurling parlance we are doubling on that work today by further enhancing the legislation.

I refer to the Criminal Justice (Terrorist Offences) Act, the Proceeds of Crime (Amendment) Act, the Criminal Justice (Joint Investigation Teams) Act and the Criminal Justice (Illicit Traffic by Sea) Act. Many of these Acts challenge the drug barons and are useful instruments for dealing with these people. We know how little value they place on human life as they destroy it daily. The actions of terrorists in America, Madrid and London serve to show us exactly what we need to do, and how diligent and effective our legislation must be.

The link between poverty and global security cannot be overstated. Poverty is the ultimate endemic threat. If the Government can maintain its resolve on globalised terrorism and tackle poverty in the same way, then it will have an additional aid in the fight for global security. The majority of atrocities are carried out by secret organisations, hell bent on undermining the governments of the world and peaceful co-existence. Their ability to gain recruits is often born out of the type of economic and social justice which is upheld in some countries. Such recruits are often drawn to political movements or terrorist organisations in which they achieve a self-worth which they do not perceive themselves to possess in their existing situation which is often one of poverty. It may be necessary to define"poverty" before we go about tackling it.

This island has many examples of people who have found self-worth at the right end of a gun and the difficulties encountered by these people dealing with normal society in more peaceful times when they are no longer regarded as the hard man with the beret or the uniform.

This Bill provides for the provision of financial information such as bank transactions to other states for criminal investigation purposes and this is to be commended as an excellent element. The Criminal Assets Bureau was enabled by legislation to put pressure on drug lords and their organisations and to take on the criminals and fight them effectively. There have been many instances of the success of the Proceeds of Crime Act whereby the ill-gotten gains of these warlords have been confiscated, including a recent example in County Donegal. This legislation also forced many so-called astute drug barons out of the country; unfortunately they found their way to sunnier climes in Spain and other places from where they are plying their trade and supplying the Irish market. It may be because they are exclusively supplying the Irish market that the Spanish authorities are not taking too much notice of them which is unfortunate. This Bill and the existing legislation is helping to track down these individuals and to confiscate their ill-gotten gains whether here or in another country.

The Bill contains protections for the individual and for the security of the State. It states that assistance can be refused when it is believed it would be likely to prejudice the sovereignty and security of the State or would be contrary to public policy. It also protects the individual in that assistance can be refused if there are reasonable grounds for doubting the reasons for the request. The question of civil liberties has been uppermost in the Minister's mind and his legislation has always been fair-minded and protective of those elements which require protection. I wish the Bill well.

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