Seanad debates

Tuesday, 28 May 2013

Criminal Justice Bill 2013: Second Stage

 

5:15 pm

Photo of Feargal QuinnFeargal Quinn (Independent) | Oireachtas source

The Minister of State is welcome as is this Bill. I understand the need for it in many ways. Let us recall what happened following the bomb in Omagh and the understanding that telephone calls could be traced for some time beforehand. With the G8 summit taking place in Lough Erne next month it is clear that we need this legislation, although I imagine we need it anyway.

I realise the Bill is mainly technical in nature. I wish to raise an issue that is not often raised, namely, the potential for the private sector to use its initiative to get more involved in countering money-laundering and terrorist financing. It is well documented that organised crime groups, including terrorists, are often linked to a wider criminal enterprise and to specific financial transaction partners. Banks can identify payments that are linked to crimes, including those related to human trafficking. I offer a simple example. It has been found that payments to those involved in human trafficking are often large round figures paid from particularly high-risk areas by known fronts or individuals. I understand the JPMorgan Chase & Company bank in the United States has developed a software programme to identify such payments. The bank has passed the information onto the U.S. Department of Homeland Security and has had success in stopping some large human trafficking operations. Could Irish banks give something back to society along these lines?

If there was more co-operation on financial investigation, we could identify criminals such as human traffickers or terrorists more easily. Instead of merely scooping up the point-man in Ireland, we could co-operate on an international level to trace back financial payments. Such investigations can also provide vital evidence in proving cases of various crimes. Electronic databases, including credit cards, are much needed. While I realise privacy is an issue, there must be a balance. Does the Minister believe our electronic databases in this respect are fit for purpose if we are really to identify criminals and co-operate internationally? If the Garda is investigating, for instance, a case of human trafficking or human smuggling, it should initiate a parallel financial investigation at the same time. Could this be turned into a policy? This happens in other countries. Does the Garda even have enough resources to do this? The evidence would suggest it does not. It simply picks up the low-level person at best while the big-time criminals at the top evade arrest. I am not sure, however, whether it is easy enough for the Garda to investigate such transactions. I firmly believe we must follow the money to fight crime. In the case of human trafficking, it is interesting to remember that trafficked people send back sometimes 100% of the money earned and this money can be tracked too. I do not think enough links are being made to this development.

I am interested to hear the Minister's views on the issues raised, particularly private-sector initiatives and whether we could introduce a policy so the Garda is compelled to start a financial investigation if a crime such as human trafficking is suspected. While I believe that legislation in this area is welcome, we must not forget the fundamental fact that it is the Garda that is enforcing the law. We must remember its members are on the front line, so they must be motivated and be directed at a policy level to get stuck into crimes such as money laundering and terrorist financing.

This Bill is well thought-out and there is no doubt that the objective is correct. I believe it will limit the amount of human trafficking and money laundering.

Comments

No comments

Log in or join to post a public comment.