Seanad debates

Wednesday, 15 October 2014

Criminal Justice (Mutual Assistance) (Amendment) Bill 2014: Second Stage

 

1:25 pm

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

While we all fully agree with the sentiments Senator Power expressed, we must be very careful about how we articulate them given that these matters are still before the courts.

This legislation is the second Bill the Minister has initiated in the House in a matter of days, again using a mechanism available to initiate Bills in the Seanad. We are always very happy to take Bills in the Seanad and to facilitate getting good legislation over the line, given that the Dáil's schedule can sometimes be quite full. We are very happy to sit longer, if necessary, in order to take legislation, which is appropriate and beneficial. This legislation is extremely beneficial and important and gives effect to some decisions made at European level.

We all know of people who came to this country, committed simple offences, such as road traffic offences, and were given fines by the Irish courts but who vanished back to their countries. It seems that thousands of fines given to eastern Europeans working here during the Celtic tiger years have never been collected because we were never in a position to do so. This legislation ensures that if somebody is brought before the justice system in this country and receives a fine, he or she will not get away with not paying it by just going back home. Similarly, if an Irish person commits an offence, is fined by a court in some other part of Europe and decides to come home, he or she will certainly not be able to walk away from the justice system which found him or her guilty. It is a simple but very important thing. That is a very simple example of something which is probably much more elaborate and which will have many more benefits in the future.

In many ways, the co-operation between European countries, about which the Minister spoke, already exists but it probably has not had the proper framework to ensure we maximise its efficiencies. If we face a serious criminal situation and require the expertise, whether equipment or personnel, of some of our European colleagues, at least this legislation will ensure there are no barriers to accessing that expertise. This is a small country with a population of 4 million. We are not expected to ensure we have world class expertise in all scenarios, nor do we have the resources to do so. This ensures there is a legal basis for us to accept help from our friends if an unforeseen crisis emerges. It is all very well until the crisis emerges when it is discovered that we do not have a legal framework in place and the Dáil and the Seanad must put through emergency legislation to ensure we can avail of the assistance of our neighbours. This is being proactive as opposed to reactive. That is what I call good legislation. The Eurojust principle, where magistrates and prosecutors share information in order to improve the judicial system internationally, is extremely important. That type of co-operation has existed for many years but the Eurojust project has again brought some formality to it.

There are technical aspects to this legislation but it is fairly self-explanatory. We do not need long-winded debates in this House on the technical nature of legislation but rather debates on the broad principles of what is better law. I wholeheartedly welcome this legislation and hope it will get unanimous support because it makes sense. We all recognise the challenges international crime poses in terms of dealing with it. This legislation ensures the processes are streamlined and that there are no blockages. In terms of the specific example to which Senator Power referred, there are hundreds if not thousands of examples on a smaller scale where this legislation will ensure the channels are clear and there are no blockages. In that sense, I welcome the legislation and look forward to the debates on Committee and Report Stages.

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