Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

Amendments Nos. 3 and 6 as outlined by the Senator add to the grounds for refusal of assistance to Europol by seeking to include ?jeopardising the human rights of a person.? Amendment No. 3 is to section 5 and seeks to add the new ground for refusal to those already listed as reasons for refusing to provide information to Europol as set out in subsection (2). That subsection gives effect to Article 8(5) of the Council decision. The amendment would go beyond our remit in transposing the Council decision.

Amendment No. 6 would go beyond the remit of Article 7(3) of the Council decision and to which section 7 gives effect. My primary reason for refusing these amendments is, like the previous amendment we discussed, they are not necessary.

This State and its agents are committed and obligated to promoting and protecting the fundamental rights provisions of our Constitution. Equally the State adheres to international human rights obligations, including those under the European Convention on Human Rights to which the State is a party. There is no need to set out or confirm in statute an obligation which already arises under our domestic Constitution and our international obligations. This is effectively a drafting matter.

I cannot accept amendment No. 4. Members of An Garda Síochána, customs officers or liaison officers are subject to the requirements to observe human rights. The promotion and protection of human rights underpins all Garda training. The Garda has a comprehensive education and training information system for the professional development of all members. This development programme incorporates training in human rights issues.

Having said that I also consider this amendment falls outside the remit of the Council decision. In accordance with Article 9, once seconded to Europol, liaison officers shall be subject to and required to act in accordance with the national law of the seconding member state. In this case that is the Netherlands. Human rights are codified within the Dutch constitution and the Netherlands, as with Ireland, is party to a number of international human rights instruments, including the European Convention on Human Rights and Fundamental Freedoms.

The proposed amendment would require some form of Irish national oversight vis-à-vis Irish liaison officers in circumstances where, as a result of their secondment, they are subject to Dutch law. For these reasons I cannot accept the amendment.