Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

Senator Whelan asked about the staffing of the Europol national unit. There are three staff in the Europol unit in the Phoenix Park, a detective sergeant and two detective gardaí.

The unit comes under the direction of the head of the Europol national unit, who is a detective chief superintendent. While the unit is considered to be adequately staffed, I understand the reason for the question. If legislation such as this Bill is to be passed, as the Senator quite rightly pointed out it is important that it be adequately resourced

I again thank Members for their contributions today. The issues raised will be brought to the attention of the Minister and no doubt will be discussed further on Committee Stage. I accept this is a technical Bill that may have little operational impact on existing arrangements between Europol and the State. However, this Bill provides an opportunity to remind oneself of the threat of international crime and the importance of co-operation between the law enforcement authorities of this State and international partners such as Europol. In the case of this State and its particular circumstances, my reference to "international" reminds one there is a Border very close to this location, which also must be protected in terms of co-operation and information. It should be remembered the Council decision was motivated primarily by the need to introduce a more flexible legal basis for Europol and it achieves this aim. While there have been some changes to the provisions relating to the governance of Europol, the most significant change from an operational perspective has been the extension of Europol's competence to include all forms of serious crime when two or more European Union member states are affected. Importantly, the need to show evidence of organised criminal activity has been removed. This is an important development in so far as it removes an unnecessary obstacle to Europol's involvement in the investigation of international criminal activity. However, it also reflects the increasing emphasis at European Union level on closer co-operation between member states. Europol is an investigative resource for member states, the effectiveness of which is determined by the action and response of member states to information from that organisation. Ireland has an effective relationship with Europol, which was evidenced through some of the examples the Minister already has outlined in his earlier contribution. The importance of cross-border co-operation in the fight against crime cannot be underestimated and the European Union is continually seeking to improve information exchange between member states. While one sometimes imagines or envisages that this pertains to major international gangs, which are all covered in this respect, as Members including Senators O'Donovan, Whelan, Bradford and Conway have outlined, it also is about matters such as fuel laundering, cigarette smuggling and other activities one sometimes thinks of as being almost benign but which in fact have a huge impact on revenue, of which the State is desperately in need.

In 2008, a Council decision was made which is known as the permanent decision. It is a further step in European co-operation in the fight against crime and terrorism. The decision allows for shared access by member states to national databases of DNA profiles, fingerprint data and vehicle registration for the purposes of criminal investigation. In so far as it relates to DNA profiles and fingerprint data, the forthcoming criminal justice, forensic evidence and DNA database system, Bill will make the necessary legislative provision. This Bill is being drafted at present and is due to be published shortly. I also wish to mention briefly the steps taken at European Union level to improve the exchange of information in respect of criminal records and this is an issue in which Senator Whelan was interested. Under a 2009 framework decision in which an EU national is convicted in one member state, that state shall automatically notify the member state of which the convicted person is a national. Legislation to give effect to this framework decision also is currently being drafted. Notwithstanding these and other developments over the years, Europol has, since 1995, proven its effectiveness in supporting national law enforcement agencies in their efforts to combat crime. Recognising that support, the Council decision to which this legislation will give effect provides Europol with an up-to-date legal basis, placing it on a par with other European Union agencies in the area of police and judicial co-operation. I welcome the support Members have given to this Bill, which recognises the important role that Europol plays in supporting law enforcement authorities across the European Union in fighting crime and I commend the Bill to the House.