Phil Prendergast (Labour)

I would like to give the House a brief overview of the sections of the Witness Protection Programme Bill 2007, before I say a few words on it.

Sections 1 to 3, inclusive, outline the definitions of specific and key terms to be used in the Bill. They give the Minister for Justice, Equality and Law Reform the power to make regulations appropriate to the Bill. The sections also explain the purpose and meaning of this legislation.

Sections 4 and 5 provide for the establishment of the witness protection programme and set the levels of responsibility to be given to the Garda Commissioner and the director of the programme. Sections 6 and 7 specify the circumstances in which a witness can join the programme and explain the factors to be considered in admitting a person to the programme. Importantly, section 8 places an obligation on the protector and the protectee in the form of a protection agreement. Section 9 allows the director of a programme to terminate the protection in certain circumstances.

Section 10 sets out the procedures to be applied when it is decided to refuse admittance to the programme, or to terminate protection under the programme. If protection is to be terminated, notice of termination and reasons for termination must be given to the protectee in writing. Section 11 outlines the steps to be followed when changing the identity of a witness. This provision is vitally important because the Garda is not currently empowered to make such a change, even if it happens under the present programme. A new statute is critically required in this instance. Section 12 states clearly that public bodies must co-operate with the Garda Commissioner in running the witness protection programme.

Section 13 prohibits the disclosure of information on a witness in the programme, such as his or her location, identity, etc. It also provides that the director of the programme can disclose information about a protectee only with the permission and full consent of that person. Section 14 gives details of the specific circumstances in which a disclosure can be made in line with section 13.

The vital section 15 provides for agreements to be struck between the Minister in Ireland and his or her counterparts in other states, or international courts and tribunals, to admit witnesses from other countries. Section 16 provides that certain agreements of protection which have been reached before the day the Act comes into force will remain in force. Under section 17, the director of any programme of witness protection may be required to provide an annual report on the progress of the programme. Section 18 is self-explanatory.

This Bill is being introduced on the tenth anniversary of the establishment of the witness protection programme. It seeks to establish in statute the aims of the current Garda programme — to legally protect the victims of serious crime while exposing the criminals involved. Along with the victims of organised crime, the former accomplices of criminal gangs can also seek protection under this legislation. I refer to people who want to leave behind a dark life of fear and coercion and expose their former partners in crime by ensuring they are behind bars, which is where they belong. As my colleagues have said, the Supreme Court has insisted that a statutory basis is required for the witness protection programme. We are providing the Government parties with such a statute. After years of little or no action on organised crime, I hope the Senators opposite will take the initiative and support the Bill, which is supported by the Supreme Court.