Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

Ba mhaith liom mo bhuíochas a ghabháil leis na Seanadóirí go léir a labhair ar an ábhar tábhachtach seo. Tá na leasuithe atá á dhéanamh ag an mBille seo bunaithe ar eolas atá ag na gardaí agus ag an Roinn le trí bliana anuas.

We must constantly strive to ensure that the provision in our law to combat money laundering is of the highest calibre. I take this opportunity to commend the work of the Garda money laundering investigation unit which, in co-operation with the Revenue Commissioners, undertakes extremely important and complex domestic and international investigations. Senator Feargal Quinn mentioned the need for financial investigations to be carried out in tandem with investigations into other crimes such as human trafficking. I assure him that the Garda Síochána draws on all its specialist units, including the money laundering investigation unit, to support multifaceted investigations. We all absolutely condemn those who would and have used explosives to terrorise, maim and kill. Such appalling activities deserve and have our contempt and abhorrence.

At the opposite end of the scale are the tremendous commitment, dedication, professionalism and bravery of those who put themselves in harm's way to protect citizens. The men and women of the Defence Forces, the Garda Síochána, the fire service and so on, who respond to 999 calls and must act when a bomb is discovered, deserve our deepest gratitude. They put their own lives on the line for us and thus represent the very highest in human generosity and courage. The annual memorial day for members of the Garda was held just ten days ago. It is sad to recall all of those on the roll of honour who died in the line of duty. The roll now contains 87 names, the latest being that of Detective Garda Adrian Donohoe. His murder was an unspeakable act and nothing we say can lessen the pain for his family and colleagues. They can be assured, however, that we will not forget the evil that was done, nor Detective Garda Donohoe's service, courage and ultimate sacrifice.

We as legislators must do all we can to support the members of An Garda Síochána and the Defence Forces in the dangerous work they undertake. The provisions in Part 3 of the Bill offer them an additional tool in dealing with the threat posed by the use of explosive devices.

While clearly the cessation of mobile telephone services represents a substantial interference in everyday life, the measures the Bill provides are absolutely necessary and proportionate. It addresses serious threats to life and it contains safeguards to ensure that its powers cannot be used lightly or for long.

I thank Senator O'Donovan for his support for the Bill and for his kind words of support for the efforts of An Garda Síochána and the Minister for Justice and Equality, Deputy Shatter. He raised the issue of Garda resources. The principle goal of the Minister, Deputy Shatter, is to ensure that the maximum possible resources are available to An Garda Síochána in these difficult economic circumstances. Since coming into office we have increased the funding for the Garda from what was previously planned. We have funded the purchase of vehicles and new rosters have been introduced which maximise the availability of Garda personnel at peak times.

The matter of fuel smuggling and the activities of dissidents were raised by other Senators. A cross-border task force involving the PSNI, the United Kingdom HM Revenue & Customs, the United Kingdom Serious Organised Crime Agency, the Garda, the Criminal Assets Bureau and the Revenue Commissioners has been established to specifically target the distribution of illegal fuel. A multi-agency investigation in March into profits from the illegal fuel trade resulted in the seizure of significant amounts of cash, laundered fuel and records relating to a fuel laundering operation, with more than 25 bank accounts now frozen on foot of this action.

Senator Bacik raised several issues. The Bill provides for a geographical area addressed by a cessation direction to potentially extend to the whole area of the State. This is tempered by the requirement of section 22(2)(c) and section 24(6) to have regard for the need to limit the effect of a cessation. While I cannot divulge the operational details of how the Garda addresses a threat of the type that the Bill addresses, I assure the House that it is envisaged that if a cessation is ever directed it will most likely be for a limited period and limited in terms of the areas affected. Having carefully considered the matter in consultation with the Attorney General's Office it was decided that the Bill would have to allow for the possibility of the geographical area theoretically covering the entire State. However, it is unlikely that an authorisation would ever be sought in these terms.

Other Senators, including Senator Norris, raised the question of access to emergency calls. Landlines will be unaffected. This Bill only provides for a cessation of mobile telephone services subject to the limitations mentioned. I am advised that it is technically feasible for mobile networks to be adjusted in order that 999 services can continue to be available during a cessation. Mobile telephone companies are required by section 25(3) to endeavour to continue to provide 999 services during a cessation. Given the urgency with which this legislation has been progressed, it has not been possible to put in place an absolute requirement to maintain the 999 call services at such short notice but mobile telephone companies will be expected to fulfil their obligations under section 25(3) to the best of their ability. This situation can be kept under review and further measures may be considered at a later stage if necessary.

The question of providing for a nominated person in the undertakings, that is, mobile telephone companies, to receive directions was also raised. The companies have co-operated fully with the Garda on the development of the procedural arrangements and the Garda is grateful for their positive and helpful engagement. The provisions will be of assistance to those companies. Putting in place this legislation will ensure that any actions they take on foot of a direction to withdraw services are required by law. I assure Senators that at an operational level An Garda Síochána has no concerns.

The question of the appropriateness of the delegation to a ministerial official as provided for in section 28 has also been raised. This measure is provided to cover situations in which the Minister is not in a position to consider an application for an authorisation. It is limited to nominated officers of assistant secretary grade or higher.

Senator Harte asked about the ability of An Garda Síochána to address a situation where the signal from a mobile telephone network in Northern Ireland might be used to detonate a bomb in the South. The Bill under discussion today can only allow for the coercive powers it contains to be directed at undertakings operating in our State. The scenario Senator Harte raised would be addressed in co-operation with the PSNI, which has powers under the law in Northern Ireland to issue directions to mobile telephone companies in Northern Ireland. Similarly, information received from the authorities in Northern Ireland about an imminent serious threat could form the basis for an authorisation and direction to companies in this jurisdiction to cease mobile telephone services in the Border area, where a signal could be used to detonate a bomb on the northern side.

Senator Norris is absolutely correct - he is a politically exposed person, PEP, but he can take comfort from the fact that he is not alone, because all of us are as parliamentarians. The third EU anti-money-laundering directive and EU convention on corruption lay down certain requirements for additional money-laundering controls for PEPs. At present, the controls only apply to PEPs resident outside the State. Technically, that makes Senator Norris an uncontrolled PEP. I am unsure what he thinks of that but I imagine he will have something to say about it.

The proposals of the Mahon tribunal for extension of those controls to PEPs resident in the State will be addressed in the context of our consideration of the fourth EU anti-money-laundering directive when it is enacted to ensure compliance with its provisions.

Reference was made to the timing of the Bill with regard to the G8 summit next month. It makes absolute sense to have the tools it provides available when a group of prominent world leaders are meeting in County Fermanagh. The summit is an occasion that terrorist groups might try to exploit. Let me be exceptionally clear, however: the powers provided by Part 3 cannot simply be used on spec. The legislation does not allow for mobile telephone systems to be shut down in case a threat might arise. An authorisation or direction can only be issued where there is an imminent serious threat. The Bill is, therefore, a balanced measure. It provides for some improvement to our anti-money-laundering and terrorist financing legislation. It provides a necessary and proportionate system for tackling explosive devices which exploit mobile telephone technology. I thank the House for consideration of the Bill today.