Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I will not accept these amendments. Agreements under proposed new sections 28A and 81A can only be concluded with the prior consent of the Government. This provides for the necessary oversight and integrity of agreements with respect to the type of co-operation proposed, the type of information to be exchanged by the parties, and the compliance of the agreement with our data protection regime. The amendment is somewhat problematic in that it is somewhat unclear how a report could outline the nature, the purpose or the value of the agreements. By nature and purpose they are agreements of co-operation on the exchange of information. It is unclear how the value of the agreements generally can be assessed within an arbitrary timeframe of three months. The co-operation agreements could potentially be and often are sensitive in nature. Their purpose is to facilitate the performance of the functions of each party to the agreement. It could possibly be inappropriate and even damaging for the Garda Commissioner to be compelled to produce a report on the value of co-operation between Garda authorities with, for example, an asset recovery agency in another jurisdiction.

I am also concerned that the amendment has the capacity to undermine the purpose of the agreements being provided for. It could also act as a disincentive for concluding or wrapping up an agreement. In addition, I note that the amendment only applies to the co-operation agreements provided for in this Bill, which is a co-operation agreement between An Garda Síochána and non-law enforcement agencies in another jurisdiction, and a co-operation agreement between GSOC and a law enforcement agency or a police ombudsman agency in another jurisdiction.

These new sections are based on an existing provision in the Garda Síochána Act. The amendment does not apply to the existing legislation and co-operation agreements in section 28 of the Garda Síochána Act 2005 and it is therefore inconsistent in the matter of its application. For those reasons, I have a difficulty with the amendment. I have listened carefully to the points raised by Senator ÓDonnghaile but I have a problem with the amendment and it would not be appropriate to factor in the text of the amendment to the Bill.