Martin Mansergh (Tipperary South, Fianna Fail)

I thank Senators for their support of this motion. It is interesting to note that the points raised in this House differ from those raised in the Dáil when I brought this motion before it this morning.

This agreement will not come into effect until May 2011, following enactment of the relevant legislation. The purpose of the motion is to allow Ireland to agree and sign the new agreement, following which legislation will be enacted. Much of the discussion rotated around the question of protection of data. We must guard against organised crime gaining access to data to which they should not have access. The authorities concerned must be extremely vigilant to ensure this does not happen.

The CIS contains only data necessary to achieve its aim, namely, to assist in preventing, investigating and prosecuting serious contraventions of national laws. No items of personal data will be included in respect of broad trends. The information in respect of persons is limited to names, including aliases, date and place of birth, nationality, sex, any particular objective and permanent physical characteristics, reason for the inclusion of data, suggested action, a warning code indicating any history of being armed, violent or escaping and registration number of the means of transport. Data can only be included on the CIS for specific purposes including citing and reporting, discreet surveillance or specific checks as set out in Article 5. For these actions, the personal data mentioned may be included only if, especially on the basis of prior illegal activities, there are real indications to suggest the individual concerned is, has been or will be involved in contravening national laws.

Direct access to data on the CIS is limited to designated national authorities. These are to be customs administrations but can include other authorities competent to act to achieve the objectives. The committee responsible for the implementation and correct operation of the CIS is made up of representatives from member states who have access to and use of data on the CIS. The Data Protection Commissioner was consulted and as the national supervisory authority he or she will have access to the CIS to carry out his or her role of ensuring the processing and use of data held on the CIS does not violate the rights of the persons concerned.

The suggestion was made by Senator Twomey that the CAB should operate a wider range of activities in towns and villages. I believe one would need to be careful not to dilute its important function or to use it in enforcement where it is not strictly needed owing to the existence of other legislation. CAB performs an important strategic purpose and it has overwhelming public acceptance and support because it short circuits what would be otherwise cumbersome ways of catching people who are at the heart and control of gangs or operations but are not easily accessible because they are rarely, if ever, at the scene of crime. That strategic function must be protected.

I agree with Senator Hanafin in regard to there being a large moral hazard on our borders. We know from experience that the wider the gap in prices, regardless of whether this is due to exchange rates or different levels of tax, the greater the incentive for smuggling. There is a relationship between smuggling and taxation. I do not believe the smuggling taking place on the Border can be reduced to dissident or paramilitary activity although it is and has been a significant element in this regard. People who devolved into this type of activity have benefited from what was in the past a more difficult law enforcement environment in the Border region. At the same time, substantial joint police-customs operations have had considerable success.

While more than adequate sentences in this regard are provided for in law maximum penalties are not often enough applied by the courts. The penalty for cigarette smuggling on summary conviction are a monetary fine not exceeding €5,000 and-or a custodial sentence not exceeding 12 months. They are the maximum penalties at District Court level. The penalty for conviction on indictment is €12,695 or treble the duty paid value, whichever is the greater, and-or a custodial sentence not exceeding five years. There have been a number of convictions and fines in respect of illegal selling, for example, more than €20,000 in fines were imposed in eight cases. While the penalties provided in the legislation are considered to be sufficient, the ultimate decision in terms of the penalty to be applied on conviction in each case rests with the courts.

There are, as Senator Quinn pointed out — this point was also made in the other House — substantial health hazards in regard to counterfeit cigarettes in that their composition may differ from those sold legally over the counter.

The scanners are highly mobile. It is not the case that they will be located in fixed locations of which everybody will be aware. They take only 30 minutes to erect at any location.