Seanad debates

Wednesday, 6 April 2022

European Union Regulation: Motion

 

9:50 am

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire. I apologise for missing her opening contribution. I was at a private briefing of the foreign affairs committee. Oireachtas Members have spoken often on the challenges faced by society here in Ireland, South and North, and across the EU as criminal organisations develop organisationally and technologically in pursuit of their criminal behaviour across EU borders. Unfortunately, technological know-how and skills are not solely the preserve of law-abiding people.

The objectives of this proposal are primarily twofold - the recognition of the importance of setting up joint investigation teams for specific criminal investigations and for a limited period of time, and the upgrading of the IT system across the EU to support the JITs in their investigations. Where appropriate, and shaped to meet the specific nature of the criminal investigation, JITs have the capacity to create no-go zones for criminals across the land and sea borders of the EU. In those circumstances, it will blend fluently the exchange of information and documents between courts, national authorities and justice and home affairs agencies. The motion allows for two or more member states of the EU to collaborate and, where legally permissible, non-EU states as well.

JITs are one of the most successful tools for cross-border investigations and prosecutions in the European Union. They enable direct co-operation and communication between judicial and law enforcement authorities in various states to organise their actions and investigations to efficiently investigate cross-border cases. However, they have been facing several difficulties, particularly on the technological front. These difficulties are IT-related in the electronic exchange of information and evidence, including large files, secure electronic communication with other JIT members and bodies such as Eurojust, Europol and the anti-fraud office, as well as the joint daily management of JITs. On examination of the effectiveness of the JITs by a relevant authority, it was proposed they be supported by a dedicated IT platform. The IT platform will enable its members to securely communicate among themselves.The platform would be available to all JIT members, member states' representatives, third country representatives and the Union's competent bodies in the security field. The platform would be of a voluntary nature and complementary to other security measures employed by the relevant state. It would be available in all EU languages and accessible through computers and mobile devices.

The platform would have two distinctive elements - a centralised information system and a communication software. Particular attention should be given to the platform's access rights. Granting access to information stored in the platform would be the strict preserve of the JIT space administrators from the JIT participating states. At least, that is how it should be. Given the highly sensitive nature of the information exchanged, it is essential that the safeguards are impenetrable and in keeping with strong cyber security standards. Although it is a complex and complicated process, the platform's success will also depend on it being as simple to access as possible.

It is also important to acknowledge that the platform proposal, in all its dimensions, is compatible with fundamental rights and freedoms enshrined in the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights and the other human rights obligations under international law. It is my belief that the proposal is credible in its intent and, if well managed, it should assist the people of Ireland and the rest of the EU to live safer lives.

Comments

No comments

Log in or join to post a public comment.