Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledge the support of Senators. A number of questions have been raised. As I previously stated, the importance and value of ECRIS cannot be overstated. Our objective is the same as that of other member states and I am pleased there is all-party agreement on the content of the Bill and among Independent Senators as well.

A number of questions were raised by Senators Mac Lochlainn and Bacik. ECRIS has been operational since 2012. It is operated by the Garda on an administrative basis but that does not in any way affect its legality or otherwise. We are anxious to ensure by the passing of the legislation that it will be underpinned by statutory force, which will set out the requirements of the framework decision. Once the system became active, it was important that our central authority, once connected to the system, was in a position to execute the exchange of information with the central authorities in other member states, and that is what happened.

I acknowledge there was an issue regarding delay. However, in the Department of Justice and Equality, perhaps more than any other Department, if one takes the criminal law reform side of the house along with the civil law reform side of the house, we have been particularly busy in recent times. As to one of the reasons this legislation is only coming to the House today, I cite, O cite the fact I have done in excess of 100 hours in this House on the Judicial Appointments Commission Bill 2017. With that legislation happily enacted by the Seanad, it will now result in a greater flow of legislation from my desk and from my Department.

Senators Mac Lochlainn, Conway and Bacik mentioned the issue of the withdrawal of the UK from the EU and, of course, it is true this will present certain challenges in the area of EU directives, in particular those that have been enshrined in legislation in the UK. These are issues for the future relationship and it would be not appropriate for me at this stage to speculate. However, I am happy to keep the House abreast of developments as regards the future relationship in the area of security and criminal law, having regard to its importance. In the meantime, I am very much aware of the value and importance of co-operation and a strong and positive relationship with the UK authorities in sharing, exchanging and comparing notes on this ECRIS-type information, among other types, through a range of criminal justice directives. It is important that mutually beneficial relationship continues, irrespective of the format of relationships, and that will be seen over the next year.

On the matter of storage of data, which was raised by Senator Mac Lochlainn, the central storage will be the central database at the National Vetting Bureau in Tipperary. On the issue of the use of the system by the Garda on an administrative basis, as I said, that is fully legal and has been accepted by our EU colleagues. That said, however, it is important that we proceed to statutorily recognise the directive, and that is what I hope we will do in the coming period in the Seanad.