Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit. Cé go bhfuil imní orm faoin treo atá cúrsaí póilíneachta ag dul trasna na hEorpa beidh Sinn Féin ag tacú i bprionsabal leis an mBille seo, mar gheall ar an chaoi a bhfuil sé ag déileáil le cúrsaí riaracháin ó thaobh obair póilíneachta trasna na hEorpa.

The Bill is mostly technical in nature and is intended to change the administrative status of Europol to bring it under the remit of the European Union. This is necessary in line with bringing Irish legislation in line with the European Council decision which brought Europol within the EU?s institutional framework, and it does to some limited degree improve the accountability of Europol to the European structures and potentially to the European Parliament. It is on this basis we will not oppose the Bill.

The Minister of State will be familiar with the concerns that Sinn Féin has about the growing European justice infrastructure. Similar to many other areas of policy, European institutions are taking on competences beyond their original remit and expanding their powers. We believe there is an agenda at the highest levels of the European institutions, and in particular those parts of it not directly elected, to ease us gradually and quietly into a European superstate, something for which there is neither a popular mandate nor popular demand.

The evidence of such a trend, the trend of ever closer union as many of the EU's top brass would call it, is especially evident in the area of justice. A number of EU justice system features are being developed in addition to the current ones, namely, the European Court of Justice and Europol, which are more characteristic of a state than of a union of nation states. Most obviously, justice as a policy area was removed from the intergovernmental sphere and became an area of community law under the Lisbon treaty. We have seen, or will soon see, the development of a border control agency, a common immigration policy, a European public prosecutor and an incrementally harmonised and integrated justice system, including joint investigation teams and EU-wide arrest warrants.

Sinn Féin does not support the development of EU superstate architecture in respect of justice matters, and for this reason it opposed the EU five-year justice and home affairs harmonisation plan known as the Hague programme, which ran from 2005 to 2010. We do not support the creation of a so-called European legal area with a European criminal code and a European public prosecutor. We believe it is important that nation states retain sovereignty over the area of justice policy. This is not to preclude genuine co-operation and intergovernmental action, but what it does mean is that the primary responsibility has to lie with them.

Notwithstanding this, we have adopted an approach of critical engagement with these institutions, and with these changes in agreements. We will, on a case-by-case basis, decide whether such a change would be in the interests of the Irish people or not, on the basis of whether it respects or fundamentally compromises national sovereignty over justice, whether it is proportionate and necessary, and its consequences for human rights protections, social and economic equality, and minorities.

With regard to the particularities of Europol, Sinn Féin is not opposed in principle to inter-jurisdictional police co-operation in the investigation of serious crimes with a cross-border dimension where it is necessary, where appropriate safeguards and accountability mechanisms are in place, and where it is jointly authorised on a case-by-case basis. We support effective action against cross-border organised crime, including trafficking in human beings and drugs.

Europol's primary focus is on intelligence-sharing between the law enforcement agencies of the EU member states. Previously it has operated as a body which was a separate international institution funded by individual member states. We are now bringing it into the EU institutional framework, which is welcome. The European Court of Justice has had limited jurisdiction over its operations, and it will be now be accountable to the European Union Council of Ministers. I hope the Bill has the capacity to make it more accountable to the European Parliament, the only directly elected EU institution, as recommended in the Council decision.

We have some concerns about the operation of Europol, particularly as it pertains to information about citizens. Information lawfully obtained in the Irish jurisdictions should only be made available to and used by the authorities in another state for a legitimate purpose, that is, for the detection, investigation and prosecution of criminal offences that are - this is the key point - analogous to offences in the Irish jurisdiction or for the prevention of an immediate and serious threat to public safety in another State, provided that a criminal investigation subsequently is conducted. Garda or police intelligence should not change hands for its own sake when there is no criminal investigation, for this potentially violates the right to privacy.

The Schengen information system is Europe's largest security database. It started out principally as an electronic system for migration control and deportations. Such data can also include a list of "persons to be submitted for discreet surveillance ... for the prevention of threats to public security". It therefore has obvious implications for the right to data protection, privacy and other civil liberties.

The new second generation information system, SIS-11 database has been extended to contain biometric data and information on extradition, EU arrest warrants and third country nationals refused entry to the EU. The Government has introduced biometric passports and these biometrics will be stored on the SIS-11. We will all soon be on it. There is no need to request this information from the national authority from which it originates and there is no need to explain to the national authority why it is being requested.

Moreover, Europol will be able to share this sensitive information with third countries, perhaps with the United States, and we are all aware of the abuses that may be carried out in this context. There is a need for safeguards in this regard and full respect for and enforcement of data protection rights. We ask the Minister and the Government to fight this battle at European level.

We can support inter-jurisdictional police co-operation on investigation of serious crimes with a cross-border dimension where there are appropriate safeguards and accountability mechanisms in place. However, we do not support the operation of foreign police forces in the Irish jurisdiction, especially where such forces are not subject to domestic policing oversight and accountability mechanisms and therefore does not support the use of joint investigation teams. The joint investigation team's powers introduced by domestic legislation in 2004 go beyond the existing Interpol and Europol mechanisms for police co-operation and information-sharing.

However, on balance we are happy to support this legislation, given its technical nature, the fact that it is necessary in terms of bringing us into line with the EU and that there is a small improvement in accountability. Go raibh míle maith agat.