Seanad debates

Tuesday, 27 May 2003

Criminal Justice (Illicit Traffic by Sea) Bill 2000: Second Stage.

 

Question proposed: "That the Bill be now read a Second Time."

2:30 pm

Photo of Pat GallagherPat Gallagher (Donegal South West, Fianna Fail)
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On behalf of the Minister for Justice, Equality and Law Reform, I am pleased to present to the House the Criminal Justice (Illicit Traffic by Sea) Bill 2000. The enactment of this Bill will enable Ireland to accede to the Council of Europe Agreement on Illicit Traffic by Sea implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Strasbourg on 31 January 1995.

The international community has already provided a framework for dealing with certain drug trafficking offences at sea. That framework is contained in the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, more commonly known as the Vienna Convention, adopted by the United Nations at Vienna in December 1988. Ireland has already given effect to the provisions of the Vienna Convention by the enactment of Part V of the Criminal Justice Act 1994, which led to the ratification of the convention by Ireland on 3 September 1996.

Arising from Ireland's obligations under the United Nations convention, it is an offence under Irish law for a person on an Irish ship, a ship registered in a convention state or a ship not registered in any state or territory – no matter where the ship may be – to be either in possession of controlled drugs or involved in the carrying of such drugs, knowing or having reasonable grounds to suspect that the drugs are to be imported or exported contrary to Irish law or a corresponding law of any other country. At present, the Irish authorities may stop, board and detain a ship registered in a convention state where such drug trafficking is suspected, provided that convention state agrees. The other convention states have enacted similar laws, so that there is a shared jurisdiction among all convention states.

The United Nations convention is silent on the consequences of shared jurisdiction, in particular on which state ought to prosecute in such circumstances. However, the terms of the convention recognise the need for further improvement of these provisions by providing in Article 17 for regional agreements to enhance effectiveness in this area such as that contained in the Council of Europe agreement.

The purpose of the Council of Europe agreement is to build on the provisions of the United Nations convention and deal with the issue of shared jurisdiction by making provision for the concept of preferential jurisdiction. This, in effect, gives a flag state the right to seek to exercise jurisdiction concerning any drug trafficking offence committed on board its vessel on the high seas in priority to the jurisdiction of another convention state. The agreement makes provision for the procedures to be followed by Council of Europe member states in applying this concept of preferential jurisdiction between them.

As is clear from the explanatory report published with it, the experts involved in drafting the agreement considered that, in practice, the normal case would be that the relevant offence or offences will be prosecuted by the authorities of the intervening state. Situations may arise, however, for reasons of policy or on an ad hoc basis, when the flag state might wish to prosecute the suspect and the agreement sets out in detail the rules to deal with such a situation.

The Bill gives a statutory basis to the concept of "preferential jurisdiction" and makes provision for the legislative mechanisms to give effect to it. For example, if a foreign ship on the high seas off the coast of Ireland was suspected of carrying drugs, the authorities of the flag state – that is, the country where the ship is registered – could, under the convention, request Ireland, or alternatively Ireland could seek permission from the flag state, to stop, board and search the ship. If evidence of drugs was found, the ship could be taken to and detained in an Irish port and the crew arrested. The crew would be guilty of a drug trafficking offence, not only under Irish law but also under the law of the flag state.

The Council of Europe agreement seeks to establish an agreed method of dealing with such a situation by giving the flag state preferential jurisdiction. In the example I have just given, the flag state would have the right to insist on prosecuting the crew and could, therefore, under the agreement, require the crew, the ship and any evidence found on board to be surrendered to it by the Irish authorities.

Alternatively, under an unusual requirement of the agreement to which I will return later, the flag state could simply require the release of the ship and crew. Under the agreement, such a requirement of surrender or release would have to be made within 14 days of the receipt of a summary of evidence from the arresting state, which in this case would be Ireland. The summary would have to be given to the flag state as soon as possible after arrest. If, as is expected to be the norm, flag states do not exercise their right to preferential jurisdiction under the agreement, the arresting state will be free to initiate a prosecution under its domestic law.

In dealing with the Bill, it is fitting that I should again pay tribute to the commitment of the men and women of the Garda Síochána, the customs national drugs team and the Naval Service, which are tasked with the continuing fight against drug trafficking at sea. The bravery and dedication they bring to their work in dealing with drug trafficking by sea, which is often carried on in extreme and hazardous weather conditions, has continued to yield substantial results in terms of seizures of drugs and arrests for smuggling.

Figures available for the past six years show that the Irish Customs Service has examined 2,087 vessels. In the five year period ending December 2000, 970 kg. of cocaine and 3,280 kg. of cannabis resin with a total estimated street value of £202 million, or €256.5 million, has been seized at sea. In 2001, 504 examinations of ships took place and, in 2002, the number of such examinations increased to 587. These examinations typically involve boardings and/or partial or full searches of the cargo. Co-operation between the law enforcement agencies of the member states and beyond is vital in tackling the supply of drugs as drug traffickers recognise no national borders and the drugs trade is truly international.

At national level, initiatives to enhance operational co-operation between law enforcement agencies include a memorandum of understanding and a working protocol between the Garda Síochána and the Customs Service and the establishment of a joint task force – incorporating the Garda Síochána, Customs and the Naval Service – to combat international drug trafficking.

In terms of international co-operation, a number of initiatives have been undertaken including the appointment of drugs liaison officers to Europol and Interpol and in London, Paris, Madrid and the Hague to enable the exchange of information and intelligence between Ireland and its EU partners. The Garda national drugs unit continues to maintain close contact with law enforcement agencies within the EU and in non-EU countries. These contacts have borne fruit and a number of significant internationally driven seizures have been made. The drug barons and traffickers must be made to realise that our law enforcement agencies will continue to work together and enhance their co-operation in order to combat the international trade in drugs.

I will now outline the main provisions of the Bill. The Bill provides for a convention state which is a party to the agreement, provided for in section 3, to make a request in accordance with section 7 to the Minister for Justice, Equality and Law Reform for the surrender to that state, in respect of a drug trafficking offence, of a person who has been arrested, a vessel which has been detained or anything on the vessel which has been seized or detained while on the high seas, under procedures already provided for in section 35 of the Criminal Justice Act 1994.

When a convention state vessel is taken to an Irish port and detained, any person arrested will be brought before the High Court as soon as possible in accordance with section 5. The court will then remand the person pursuant to section 6, pending an order by the Minister for Justice, Equality and Law Reform for that person's surrender to the convention state on foot of a request by the convention state. On receipt of the request, the Minister will certify under section 8 that a request for the surrender of the person has been duly made. Where the court is satisfied that a request for the surrender of the person has been made and evidence of an arrest warrant is produced as provided in section 9, the court, subject to certain requirements, will make an order committing the person to prison or, if under 21 years of age, to a remand institution. The person must then await the order of the Minister for his or her surrender.

In compliance with the requirements, as set out in section 9, and before committing the person, the court will inform him or her that he or she will not be surrendered, except with his or her consent, before 15 days have elapsed. He or she will also be informed of the provisions of Article 40.4. 2o of the Constitution relating to the making of a complaint to the High Court that a person is unlawfully detained. A person committed to await surrender may be released as a result of a successful application under Article 40.4.2o of the Constitution, as a result of an appeal on a point of law to the Supreme Court or if the surrender and conveyance out of the State of the person is unduly delayed, as indicated in section 20. In the absence of any such request for surrender being received within 18 days of the arrest of the person, the Minister, in accordance with section 21, must order his or her release without prejudice, however, to proceedings being taken in the State against the person for the drug trafficking offence in question.

There is always the possibility that the arresting officers might find evidence of offences other than drug trafficking – for example, illegal arms. In such cases, the consent of the flag state will be required for a prosecution in the arresting state. However, the arresting state will be free to prosecute for any offence occurring after the vessel has been taken into its territory – for example, if the vessel's crew assaults an arresting officer. This provision is contained in section 14. A requirement to surrender a person to a flag state will take priority over any domestic proceedings and the High Court is being given power to order the suspension of any such proceedings, without prejudice to their eventual reinstatement as provided for in section 15.

Under section 17, the Minister for Justice, Equality and Law Reform may order the surrender of a person, to a person duly authorised by the convention state to receive such person, if satisfied that the request for surrender is in accordance with the agreement. A similar power is granted to the Minister in section 18 in respect of vessels and evidence. Provision is made to ensure that any arrested person is given time, before surrender, to make a complaint to the courts under Article 40.4.2o of the Constitution that his or her detention is unlawful and this is provided for in section 19.

I referred earlier to an unusual requirement of the agreement which at Article 15.5 makes provision for the flag state, instead of seeking surrender of the detained vessel and crew, to request the intervening state to release them forthwith without charge. When such request is made, the intervening state is obliged to release them. Provision for this requirement is made in section 21(d) of the Bill. In drawing up the agreement, the experts felt that it would be difficult to foresee all the kinds of situations that might arise in its practical operation. It was, therefore, agreed to include this provision as an exceptional safety valve in case something went entirely wrong in the procedure. The explanatory report with the agreement makes it clear however that this provision would only be relied upon in very exceptional circumstances.

Provision for Ireland, as the flag state, to exercise its right to preferential jurisdiction and seek the return of a person detained by a convention state, or the handing over of a vessel or thing seized by that state, is included in section 24. On receipt of notification of such detention or seizure for an alleged drug-trafficking offence, the Minister will decide, after consultation with the Director of Public Prosecutions, whether the State should exercise its preferential jurisdiction for the return of the person, vessel or thing. If such jurisdiction is to be exercised, the Director of Public Prosecutions may then apply to the District Court for a warrant of arrest of the person detained or the handing over of the vessel or thing detained. Provision is included in this section for the issue of warrants and for the alleged offence to be treated as having been committed in any place in the State.

Some changes to the 1994 Act are necessitated by the Bill. I will give an outline of these in addition to some other important changes on the scope of offences covered. The agreement, at Article 3, also requires that each party to it shall take such steps as are necessary to establish its jurisdiction over the relevant offences – any of the drug trafficking offences described in Article 3, paragraph 1 of the Vienna Convention – whether committed on board a vessel registered in a convention state or a vessel of no nationality.

Section 33 of the Criminal Justice Act 1994 is being amended to take account of this requirement, so that it will apply to such drug trafficking offences, and not, as at present, only the offences of possession of controlled drugs or carrying drugs for import or export. This provision is contained in section 28(b). This amendment will widen the range of drug trafficking offences at sea to include not only those to which I have already referred, but all drug trafficking offences, as comprehended in the 1994 Act, when committed on board an Irish ship, a convention state ship or a ship not registered in any country or territory.

While the Council of Europe agreement obliges us to make such provision only for ships of the Council of Europe states, this provision is being extended to also include the ships of all convention states under the United Nations convention. Were this provision not so extended, it would result in the unsatisfactory situation of having a narrower range of offences applying to the ships of United Nations member states than would apply to ships of Council of Europe member states.

In the context of this legislation, the opportunity is being taken to make amendments to sections 35 and 36 of the Criminal Justice Act 1994, which relate to enforcement powers, jurisdiction and prosecution provisions for convention state vessels which are outside the landward limits of the territorial seas of the State. At present, the authority of the Minister for Foreign Affairs is sought in respect of such vessels and that authority may not be granted unless the Minister has obtained the consent of the foreign state. In consequence, action may not be taken against convention state vessels in Irish territorial waters, which are suspected of drug smuggling offences, unless the consent of the flag state has been obtained.

During the drafting of the legislation, advice received from the Attorney General indicated that where such a vessel is in Irish territorial waters the consent of the foreign state to board the vessel is not necessary and sections 35 and 36 are being amended to take account of this advice. The amendments to give effect to these changes are contained in section 28(c) of the Bill. The question of preferential jurisdiction for flag ship states – the main purpose of the Bill – does not arise where the ship is arrested within territorial waters.

I hope that the proposals contained in this significant and somewhat technical Bill will meet with the approval of all Senators. The Bill honours an important international obligation. Furthermore, it is a positive indication at an international level of both our ongoing determination to tackle transnational organised crime and our continuing commitment to tackle the scourge of drugs in our society.

Following on from the conclusion of the Helsinki European Council, which called on the EU to follow up the 1997 action plan to combat organised crime with an EU strategy for preventing and combating organised crime, a new EU strategy – the Prevention and Control of organised crime – A European Union strategy for the beginning of the new Millennium – was approved by the Council of the European Union in March 2000. This seeks to build on the Tampere conclusions and ensure a continuing co-ordinated response to tackling organised crime at EU level.

The strategy provides the framework for an integrated and multidisciplinary European approach to prevent and control organised crime and contains 11 political guidelines and 39 detailed recommendations in respect of the prevention and control of organised crime. Recommendation No. 27 of that strategy document contains a commitment by member states to ratification of this Council of Europe agreement in addition to other conventions.

This is one of a number of Bills which are currently being dealt with which will lead to ratification of international agreements. In particular, the Criminal Justice (Terrorist Offences) Bill 2002 will enable Ireland to ratify the UN Convention for the Suppression of the Financing of Terrorism, the UN Convention on the Suppression of Terrorist Bombings, the UN Convention against the Taking of Hostages and the UN Convention on the Prevention of Attacks on Internationally Protected Persons. It will also give effect to the EU framework decision on combating terrorism. The Criminal Justice (Joint Investigation Teams) Bill 2003, which was before the House last week, will give effect to the EU framework decisions on joint investigation teams.

I am sure that all Senators will agree with the general purpose and thrust of the Bill and I hope we can get it enacted quickly so that the process can be put in train to enable us to ratify this important international agreement. Ratification of the agreement will be a further demonstration of our willingness to do all we can in conjunction with our international partners to continue to tackle organised crime and, particularly, ensure the perpetrators of drug smuggling offences on the high seas are brought to justice. I commend the Bill to the House.

Sheila Terry (Fine Gael)
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I wish to share my time with Senator Tuffy.

An Leas-Chathaoirleach:

Is that agreed? Agreed.

Sheila Terry (Fine Gael)
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I welcome the Minister of State and the Bill, the purpose of which is to give effect to the Council of Europe agreement on illicit traffic by sea implementing Article 17 of the United Nations convention against illicit traffic in narcotic drugs and psychotropic substances, more commonly known as the Vienna Convention, done at Strasbourg on 31 January 1995. Any measure which helps in the fight against the drugs culture must be welcomed and supported.

The Bill will give greater powers to the Garda, Naval Service and Customs and Excise in the fight against the importation of drugs. Ireland is a gateway for the importation of drugs to the United Kingdom and the Continent. It also has a large coastline of approximately 3,000 kilometres which is extremely difficult to manage. The Garda, Customs and Excise and the Naval Service will require additional support services to carry out the duties required. These services must be provided if the Bill is to be fully implemented. The services available are not adequate to deal with the problem. Our coastline makes the country attractive for traffickers to import drugs before sending them to other countries.

I am glad that the figures available for the past six years show that Customs and Excise has examined 287 vessels. In the five year period ending December 2000, 970 kilograms of cocaine and 3,280 kilograms of cannabis resin with an estimated street value of €202 million were seized at sea. This shows the great work being done by the Garda Síochána, Customs and Excise, the Naval Service and the national drugs team. However, they need more resources and facilities to enable them to adequately police our coastline.

The drugs problem is having a huge effect on many citizens. It is also having an effect on services, including our health service, because drugs take a toll on people's lives and they must be looked after. It also leads to crime on our streets. Money spent in this area is well spent. Those trafficking in drugs must be caught. We must not leave any stone unturned to ensure Ireland is not used for the importation of drugs which are either sold on our streets or sent to other countries on the Continent. The drug traffickers must be brought to justice. This measure will help to streamline the provisions under the Criminal Justice Act. It will also give greater powers to other countries to ensure the problem of drug trafficking by sea is addressed.

I will not delay progress of the Bill through the House. I wish the Minister of State well and I hope the Bill will be implemented quickly.

Photo of Joanna TuffyJoanna Tuffy (Labour)
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I thank the Minister of State for his presentation and presence in the Chamber. I thank Senator Terry for sharing her time with me.

I also welcome the Bill which has already been passed in the other House. I am concerned it has taken such a long time to get to this stage. I agree with the Minister of State that it is important to enact it as quickly as possible. It is necessary legislation which implements an earlier UN convention which did not deal comprehensively with the area of jurisdiction. It is an important part of dealing with the drugs problem, which is an international problem. As the Minister of State said, it does not have any borders. This Bill and other legislation on international co-operation are important in tackling drugs related and other types of crime.

The drugs problem has a devastating impact on communities. The work done to help them to tackle drug addiction is important. I refer specifically to the work done under the national drugs strategy. We need more resources for community development which would help to prevent drug addiction. Money was found recently to resolve the issue of the reintroduction of third level fees. This shows money can be found for important issues relating to disadvantage. The Government must also accept responsibility for finding money for projects such as the RAPID programme which operates in part of my area where there is a drugs problem.

The Bill deals with international trafficking on the high seas. Senator Terry said Ireland was a gateway for international drug trafficking. Deputy Costello referred in the other House to an expert report which was published in 2000 by the US Bureau for International Narcotics and Law Enforcement Affairs and identified Ireland as a potential gateway for international drug trafficking. As our location makes us a target, it is important that Ireland is seen to be vigorous and to have and to enforce comprehensive anti-drugs legislation. We must also ensure we have the necessary resources. I support Senator Terry's comments about the good work being done by Customs and Excise, the Garda, the national drugs team and the Naval Service but they must be properly resourced. I would be interested to hear the Minister of State's comments in that regard.

I welcome the idea of options in terms of who would prosecute offenders. I will discuss the sections of the Bill in more detail and any proposed amendments tabled by the Labour Party on Committee Stage.

Photo of Jim WalshJim Walsh (Fianna Fail)
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Ba mhaith liom fáilte a chur roimh an Aire agus an Bhille. The Bill is welcome. Although published in 2000, it is only now being debated. Why was there such a delay? The legislation deals with a relatively significant problem but there are not many issues involved. Often short Bills are presented when that is the case but this Bill is comprehensive, presumably because of the various technicalities.

The legislation covers two main issues – the prosecuting jurisdiction for vessels detained in international waters and the absolute authority of the State to make arrests within its territorial waters. The enactment of the legislation will enable the Government to ratify the Council of Europe agreement.

The Bill's provisions are interesting. It will be an offence for an Irish person to be involved in drug trafficking, wherever his or her ship is located, and Irish authorities will be permitted to board a vessel at sea if the convention state in which it is registered agrees. This relates to shared jurisdiction. It arises because the UN convention is silent on such jurisdiction in terms of prosecution. The legislation recognises the Council of Europe agreement that the preferred jurisdiction should be the country of registration of the vessel, particularly when it is arrested at sea.

If a ship is suspected, the flag state can request the authorities in Ireland to board the vessel to determine whether it is carrying drugs and there is also a provision whereby the Irish authorities can make such a request to the convention state in which the vessel is registered. The power to arrest should not be subject to that provision. The international law of the sea may well dictate otherwise, but those involved in drug trafficking are sophisticated in the way they approach the law because of the money at stake.

If a vessel is suspected of drug trafficking, it would be entirely appropriate for the relevant authorities to take the initiative, with the power to prosecute subject to the prior agreement of the convention state in which the vessel is registered. Delays in boarding a vessel, which may arise because of the necessity to follow procedures to obtain permission, could result in the drugs being hidden or dumped at sea and lead to an unsuccessful prosecution.

The legislation also provides that the flag state can seek the evidence in a case and, subsequent to considering it, the state can seek the return of the crew and the ship by exercising the preferential jurisdiction option or it can require their release. That is a strange provision. If the state, whose authorities have boarded the vessel, feels it has sufficient evidence to pursue a prosecution, it is strange that the flag state should have the right to request the release of the ship and crew. Under the legislation, the arresting state would be obliged to adhere to that request. Perhaps the Minister of State will elaborate on that.

The legislation will also amend the 1994 Act, under which the Minister for Foreign Affairs must seek the consent of the flag state to board a vessel even if the vessel is arrested in Irish territorial waters. That is a logical progression. We must have absolute authority within our jurisdiction and it is strange that this provision was included in the 1994 Act.

Drug trafficking is a major international problem and tackling it requires cohesive co-operation between all states. The legislation, the convention and the Council of Europe agreement are useful tools to achieve that. Ireland subscribes to them and it is interesting that all groups in the House and all right thinking people support the provisions in the Bill and the full implementation of the agreement.

Organised crime gangs are heavily involved in drug trafficking in Ireland. The result is that unfortunate individuals become addicted to drugs, their families are badly affected and other people become innocent victims of the violence of drug barons. The unfortunate murder of Brian Fitzgerald by drug gangs in Limerick has been raised in the House on a number of occasions. This appalling vista needs to be tackled and no stone should be left unturned to bring the perpetrators to justice. This legislation is part of the process.

It is incumbent on states to pool their expertise. The House recently passed the Criminal Justice (Joint Investigation Teams) Bill, which is part and parcel of the fight against crime in general. I have no doubt that drug trafficking will figure highly on the list of tasks to be undertaken by such teams.

It is argued that the forces of law and order throughout the world are losing the battle against drug traffickers. A friend of mine compares drug trafficking to alcohol prohibition in the United States in the 1930s when organised crime gangs became heavily involved in the drinks trade. His solution is that drug trafficking should be dealt with in the same way by liberalising drug laws. However, many people believe that if drugs were legalised, they would be used more widely and the social consequences would be much greater. However, the organised crime element would be removed. It is an interesting theory. I wonder whether research has been conducted internationally in this regard to examine the consequences of drug use, particularly in Holland where a liberal approach has been taken though the opening of special cafes for those who smoke marijuana.

Senator Terry alluded to the difficult and dangerous task faced by the Naval Service. The Minister of State will be much more au fait with the resources available but the fishing industry believes that more naval vessels are needed to patrol our waters effectively in terms of fishery protection. If the industry is correct, then more vessels are needed to tackle drug trafficking. There is anecdotal evidence that waters off the south coast are being used by international drug gangs to redistribute drugs throughout Europe.

It strikes me that the Naval Service not only benefits our own island but also has implications for the rest of Europe because of the vast stretches of water that surround us. The case could well be made that within the European Union greater financial assistance could be given to the provision of the resources necessary. The Minister of State might consider that. I am sure it has already been taken up with the European Union. To combat crime in this area it is essential that resources are provided because there is no shortage of resources on the part of the criminals to evade detection. If we fail to match them then obviously we will fail overall in the curtailment of this serious problem.

Section 2 concerns the exercise of powers by enforcement officers. I have already suggested that it is perhaps cumbersome to have to await direction if a control vessel suspects for some reason – perhaps prior intelligence from sources at a port or from Interpol – that a ship may well have drugs on board. I presume such activity can also be detected by satellite and by observation of vessels coming together at sea in order to exchange drugs. It is important that any naval vessels within the vicinity should be able to act speedily. If an inquiry has to be put through to the Minister for Foreign Affairs, who in turn has to get the approval of the flag state, it may not be the most effective procedure from the point of view of enforcement.

Practical experience may well disprove some of what I am saying, but there are a number of registering authorities. The first thing to determine is whether a vessel is registered with Bureau Veritas, Lloyds or whoever, and it might not be registered at all. I know from experience that this is not quick or easy to determine. The same name may be used on more than one ship. As I argued earlier, it is desirable that the power to arrest should not be subject to that procedure. The Minister of State may well point out that we cannot do that under the international law of the sea. If the argument is considered to be of merit, perhaps we should make approaches to see if we can get changes in the law in this regard.

In many instances these vessels may be registered with countries that are not party to the convention. Obviously, criminals will be well aware of the legislation and will try to evade it. It is important that we can also move on those vessels that are not registered and that there is no way out for people.

Section 4, on communication by the master of the vessel, seems sensible. I wonder whether that should not be restricted to vessels which are arrested in international waters. There are concerns that it might prevent or obstruct the making of an arrest, and there are provisions in the legislation to avoid that.

I ask why section 5 provides for an arrested person to be brought before the High Court, rather than the Circuit or District Courts, which would normally deal with offences of that nature. Section 7 concerns the request for surrender. Presumably this only applies to vessels which are arrested on the high seas, not in territorial waters. Has that given rise to any difficulties? It seems an unusual provision.

Subsection (2) provides that the request may be transmitted by facsimile. Facsimiles are generally not accepted in law. The authentication of facsimiles would be an issue, and obviously organised criminals would be very sophisticated in getting around that if there were any loopholes in that area.

Overall I welcome the provisions of the Bill. It is definitely a step in the right direction and it will be interesting on Committee Stage to tease out some of the issues in the various sections. The whole thrust of co-operation at international level, which we have seen in a number of the Bills before the House, is a positive step in the fight against crime generally.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Like the other speakers, I welcome the Bill. As Senator Terry has said, every effort should be made to combat drug trafficking. I ask the Minister of State to state briefly the position in relation to tourist pleasure boats.

One can travel now from Kilrush to Dingle, to Kinsale, across to the south of England, on to France and right along the French coast, down into Spain and then over to North Africa. I am sure pleasure boats can come in the other direction also. Are any real checks done on those types of yachts or cruise boats that transport tourists? People stay on such boats overnight when they dock at various marinas along their routes.

We have a certain amount of control at airports and major sea ports but have we any real control when it comes to cruise boats and pleasure craft? In Ireland they can travel up the Shannon all the way to Northern Ireland. It is a great way for people to travel from a tourism point of view, but one wonders whether other activities might be carried on at the same time. I hope this type of activity will be covered in this Bill also because one never knows what can take place.

I welcome the Bill as a step in the right direction, but I wonder why it has taken since 1995 to get this in place. I hope it is a major success because there are huge drug problems in every town in this country. Undoubtedly there are similar problems in other countries but we can see it on the streets of small towns now. As previous speakers have said, every effort should be made to do whatever is necessary to control the trafficking of drugs. I welcome the provisions of the Bill.

Photo of Tony KettTony Kett (Fianna Fail)
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I welcome the Minister to the House and welcome this very important legislation. I see it as an additional weapon in the fight against organised crime, particularly the trafficking of drugs at sea. This complements the Criminal Justice (Joint Investigation Teams) Bill 2003 which we debated last week. What we are doing with both Bills is tackling these guys on the ground and at sea. I have no doubt that this legislation is sending out a clear message to the criminals that we are serious about our business in this regard and will not be deterred in our actions.

The Minister of State alluded to the fine work that the Garda, the Naval Service, the customs officers and the national drugs team are doing, and I echo those sentiments. They are doing a fine job in the most hazardous of conditions. If gardaí are involved in boarding ships – I am not sure if they are – they are probably, excuse the pun, out of their depth in terms of tackling these guys at sea. Nonetheless, the results have been formidable. The Garda has made a number of arrests and there have been quite a lot of seizures. If we hurt these fellows in the pocket, hopefully they will soon wise up. Co-ordination between all agencies is essential, particularly between our European partners because these fellows know no boundaries. They ply their trade wherever there is a buck to be made. If we co-operate and there are no hiccoughs, we should further improve our success rate.

The Minister referred to the initiative of enhanced operational co-operation between the law enforcement agencies, particularly the Garda, the Customs Service and the Naval Service. Added to these will be the joint task force. As these agencies are becoming more experienced, the situation will improve.

The Minister also referred to the drugs liaison officers in Europol and Interpol. Enhanced co-operation, particularly in information and intelligence sharing, is the way forward. The more information and intelligence there is, the better will be the strike rate. Even to date, they have been extremely successful and have pinpointed many operations. Many arrests and seizures have taken place on the high seas.

If the drugs barons and those plying their trade on the seas see that we have the resources to back up the legislation, they will think twice before going about their lucrative business. They are probably at their most vulnerable with a full ship on the high seas. If anything happens at that time, the game is up for them and their investment is lost. Serious losses cause serious concerns for them and if we provide the resources, we could be very successful.

As with the legislation last week, tackling the drugs problem lies at the heart of the Bill. There were no drugs in this city 20 years ago. The drugs problem is now critical.

Senator Terry rightly said that, as an island nation, Ireland is extremely vulnerable. She mentioned that we have 3,000 km. of coastline which has to be defended. The Naval Service could not come near to covering our entire coastline. The Minister of State might outline whether any additional resources are likely to be provided. Some jurisdictions have their own dedicated coastguards. Although that might not be a bad idea, I am not suggesting that we go down that road. However, I wonder what is the strike rate in countries with these dedicated services.

Senator Jim Walsh alluded to the fact that these people have their own quite sophisticated intelligence. If we are to match them, both at sea and on land, we must also match them in intelligence. I am aware that this matter is in hand. As Senator Tuffy said, the US Bureau for International Narcotics and Law Enforcement Affairs carried out a survey in 2000. While it concluded that Ireland is not a major player in international drug trafficking, it referred to the fact that our coastline is very vulnerable and it also stated that we should seriously consider doing something in that regard. It even went on to point out certain set-down spots on our coastline that are more vulnerable than others.

Drugs are a menace to the country and to our friends in Europe and across the sea. They have made inroads into every country in the world. Millions of people have died as a result of drugs, which have destroyed large parts of inner cities – including that of Dublin – across the globe. I represent an area in the north inner city which probably has the worst drugs problem in the country. Going into flat complexes, I frequently step over 15 and 16 year olds who are spaced out at all hours of the day and night. It is too simplistic to say that it is their parents' problem because, in many instances, the parents are also strung out.

These are the consequences of what those involved in trafficking drugs are doing to our cities and towns. The problem is now finding its way into smaller villages and towns. A small minority of people is getting very rich off the misery of others. These people must be targeted effectively and in the harshest way possible. There should be no place for them to hide. I know the Minister of State and his colleagues in the Department of Justice, Equality and Law Reform are right behind this.

The Bill gives real clarity in providing that when these people are apprehended, there will be no opportunity for them to exploit any conflict that might arise between jurisdictions. This is important because if they see loopholes, they will dive in. If we are at one with our EU partners and have clarity in our legislation, we will deal with them head on. For our security and that of our neighbours, we must continue down this road and take these people on. If we do nothing, it will have a negative impact on the shaping of the next generation.

I wish the Bill a speedy passage through both Houses.

Photo of Pat GallagherPat Gallagher (Donegal South West, Fianna Fail)
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I wish to express my gratitude to Senators Terry, Tuffy, Jim Walsh, Kett and the Leas-Chathaoirleach.

I hope the Bill can be enacted quickly so that we can continue to reinforce our commitment – in this instance in conjunction with our international partners – that no effort will spared to bring drug traffickers to justice wherever they may seek to operate. In response to Senator Kett's concluding comment, the Government will not be found wanting and will pursue those trafficking drugs vigorously both on land and, in this case, at sea.

As stated earlier, Ireland has already given effect to the provisions of the United Nations Vienna Convention by the enactment of Part V of the Criminal Justice Act 1994. The Council of Europe agreement, which gave rise to this legislation, builds on the Vienna Convention by making provision for the concept of preferential jurisdiction. While the Bill may seem somewhat technical in nature, when taken in conjunction with the 1994 Act, its enactment will bring certainty to international co-operation in this area, which will serve to act as a further deterrent to drug trafficking at sea.

This is an excellent example of the Government's commitment to continue the recent co-operation with our international partners in our fight against drugs. In Europe and throughout the world, the Minister and officials from his Department continue to participate at the various fora that aim to provide new solutions to the problems of international drugs trafficking and international crime. The EU Action Plan on Drugs 2000 to 2004 was endorsed by the European Council in June 2000. This plan sets out detailed measures to achieve the objectives and targets in relation to tackling supply and demand for drugs set out in the EU drugs strategy, which was endorsed by the European Council in December 1999.

In 2000, subject to ratification, Ireland signed the United Nations Convention against Transnational Organised Crime and two protocols thereto. I refer here to a protocol to prevent, suppress and punish trafficking in persons, particularly women and children, and another against the smuggling of migrants by land, air or sea. The convention and its protocols are important milestones in the world community's efforts to combat the threat posed by cross-border crime.

As the borders of the European Union continue to expand it is imperative that co-operation with the countries of central and eastern Europe is enhanced in the fight against organised crime in order to defeat our common enemy. Ireland will continue to participate in EU measures to improve co-operation with these countries. Co-operation at a bilateral level is vital and in that context we have already signed intergovernmental agreements on crime and drug trafficking with the republics of Hungary and Poland as well as Cyprus, Bulgaria and Russia. Requests to enter into similar bilateral intergovernmental arrangements have been received from a number of other candidate countries and those are currently being examined.

Senator Terry referred to the serious effects of drugs on our citizens and other knock-on effects. Of course we must apprehend those trafficking in drugs and they must be brought to justice; the Government will not be found wanting in that regard. There is a cost involved in human and financial terms. If we did not have this problem much of the funding involved could be diverted elsewhere. The Government will provide the necessary funds for activity on land and sea.

Senator Tuffy referred to the need for further development of our domestic drugs strategy. I assure the House that this strategy is kept under review on an ongoing basis between the Departments and is adapted to changing needs.

Reference was made to the Naval Service reorganisation. The Naval Service underwent a period of examination in the Pricewaterhouse report on the Defence Forces. That report was followed by the White Paper on defence. Policy arising out of those reviews was matched by a Naval Service strategy contained in a two-part plan. Part one dealt with meeting Ireland's defence policy needs at sea and a naval strategy and plan of action for the future. Part two was the Naval Service value for money implementation plan. The plan was endorsed by the Minister for Defence and the Naval Service and is now well advanced. This ambitious plan is designed to implement the effectiveness and efficiency recommendations made by Pricewaterhouse and it builds on the Government decision that the Naval Service will be the State's principal seagoing agency with a general responsibility to meet contingent and actual maritime defence requirements. The Government's desire for increased efficiency and greater effectiveness is fully embraced in the plan, as it is a requirement to be held to demonstrate the State's sovereignty at sea. The plan is also underpinned by a number of strategies.

Senators Jim Walsh and Tuffy referred to the delay in bringing the legislation forward, which is a reasonable point, though generally speaking Ireland has a good record in participating in such international measures. While I accept the convention was open for signature as far back as January 1995, we must not lose sight of the fact that the convention came into effect in May 2000 and the Bill was published in April 2000. The Government is anxious to ensure that Ireland can accede to the convention at the earliest possible opportunity. To date, only two other EU member states, Austria and Germany, have ratified the agreement.

Ireland has taken many steps to tackle drugs, including the formulation of the national drugs strategy. Since 1996 the Government strategy on drug misuse has been based on the recommendations and policies of the two reports of the ministerial task force on measures to reduce the demand for drugs. The overall aim of the current strategy is to provide an effective and integrated response to drug misuse and this is reflected in a partnership working with the communities most affected by the problem. The current drugs strategy covers the period 2001 to 2008 and the objectives and actions involve a range of specific commitments from various Departments and agencies against which progress is measured. Priority continues to be given to those areas where heroin problems have been identified. Encouraging progress has been made in recent years and the local drugs task forces continue to be a central vehicle for key actions under the strategy.

Senator Walsh referred to arrest on the high seas. While he has a point about boarding ships on the high seas, we must remember that ships have a right to pass and re-pass under the Convention on the Law of the Sea. We must respect the sovereignty of other states.

He also referred to the discrepancy in the 1994 Act concerning the State's power to board ships in its territorial waters. This issue has been misinterpreted by several states and is now being corrected in the Bill. Senator Walsh referred to a delay in receiving approval from the Minister for Foreign Affairs and of course time is of the essence. During the drafting of the legislation, advice received from the Attorney General indicated that where such a vessel is in Irish territorial waters, the consent of the foreign state to board the vessel is not necessary. Sections 35 and 36 of the Bill are being amended to take account of this advice.

Senator Walsh also mentioned liberalisation of the availability of drugs. Holland operates a coffee shops policy and there are questions as to whether this is the way forward. Member states are not convinced by this policy, primarily for health reasons. Senator Walsh asked why extradition cases should be brought to the High Court rather than the Circuit or District Courts. This procedure is a mirror of the extradition process.

The issue of whether a fax is or is not an adequate means of transmission was raised. It is, in fact, and a number of EU and Council of Europe instruments, negotiated in recent times in a mutual legal assistance context, allow for this means of transmission.

The Leas-Chathaoirleach asked about tourist boats registered in Ireland. These are subject to Irish law. Foreign boats are subject to the terms of this agreement. There are local checks on tourist boats by the Naval Service, customs officers and gardaí. Our coastline creates problems for us because smaller boats can come into almost any nook or cranny. However, I compliment the Naval Service, the Garda and the customs officers for their vigilance. The public has a role to play as well. If people become aware of smaller boats coming close to shore, they should alert the authorities and assist them in every possible way.

Senator Kett correctly stated that this is only one of many measures being taken to tackle the scourge of drugs. I again pay tribute to the commitment and dedication of the members of the Garda Síochána, Customs and Excise, the national drugs team and the Naval Service in the exercise of their duties in the fight against the trafficking of drugs in what are often very dangerous circumstances. There must be no safe havens for those who engage in drug smuggling. The Bill will ensure such people, when apprehended, will not be able to exploit any conflict between jurisdictions in that states will work in close co-operation to tackle this evil trade.

Ba mhaith liom mo bhuíochas a chur in iúl do na Seanadóirí, ach go háirithe dóibh siúd a ghlac páirt san díospóireacht tábhachtach seo – don Leas-Chathaoirleach agus do na Seanadóirí Terry, Tuffy, Breathnach agus Kitt. Ar ndóighe, tá a fhios agam go bhfuil an Teach seo beagnach críochnaithe leis an Dara Céim, agus tár éis na Céim an Coiste agus na Tuarascála, ní fada go mbeidh an Bille seo réidh agus go mbeidh na daoine siúd atá i mbun na seirbhísí seo ábalta dul i mbun oibre agus gach deis a ghlacadh. Beidh sé deacair deireadh a chur le ceist na ndrugaí, ach, ar ndóighe, beidh siad ábalta dul ar na báid amuigh faoin chósta, agus beidh sé sin ag cuidiú leis na daoine óga atá ag baint úsáide as na drugaí, chomh maith lena dtuismitheoirí agus a dteaghlaigh.

Question put and agreed to.

Committee Stage ordered for Tuesday, 10 June 2003.

Sitting suspended at 4.30 p.m. and resumed at 4.40p.m.