Barry Ward (Fine Gael) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit go dtí an Seanad agus fáiltím roimh an mBille. Is Bille an-tábhachtach ar fad atá i gceist anseo, fiú go bhfuil sé ar an taobh teicniúil den chuid is mó. Is trua é nár bhaineamar an spriocdháta chun an treoir Eorpach a chur i bhfeidhm amach ach tá áthas orm fáilte a chur roimh an mBille seo, a dhéanann an obair sin.

Having listened to the contributions of other speakers and Senators on this Bill, I must say that it is welcome. The Bill goes through a number of boxes that need to be ticked from the point of view of the implementation of the European law. I agree with the course of action being taken by the Government to separate cybersecurity from counterfeiting. While I recognise that they occupy the same space in many respects, they are very different issues. I do not think that we could use amending legislation, as this one is in respect of the Criminal Justice (Theft and Fraud Offences) Act 2001, to implement all of the quite complex measures that need to be put in place to deal with counterfeiting and those issues. I welcome the Bill in that regard.

I particularly welcome the extra-territorial elements in section 8 of the Bill, which are most important, particularly now. I know others Senators have mentioned that we are dealing in cash less than we were, but that overlooks the importance of this particular legislation. As ordinary citizens, we are using less cash. We are using contactless payments. People can make payments using their mobile phones or they can tap and go. That leaves a very clear digital trail behind the expenditure in and out of one's account. That is not something that is necessarily entertained by criminal elements who want to use cash to buy goods, services, or whatever it might be. Cash still has a very significant role in the underworld, the black market and with criminal elements. It is entirely appropriate, therefore, that we are dealing with it. I do not think that cash is so far gone beyond the use of society that we should not put in place these measures.

It has been recognised that many of these measures are technical. They represent things that are happening in practice already. It is extremely important that we satisfy and tick that box to say that it is done and that we are now implementing the European legislation, albeit late. It is also important that we, as an outlier in Europe, geographically, and next to a country which is now a third country and one through which many people must travel if they are going over land with goods to the Continent, have in place these measures and the amendments to the 2001 Act to ensure that we are as safe as possible in terms of having the powers that the Office of the Director of Public Prosecutions and law enforcement need to tackle any counterfeiting that might be going on.