Finian McGrath (Dublin North Central, Independent)
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Question 922: To ask the Minister for Justice, Equality and Law Reform if the recent agreement with the US authorities and their agencies overrides the rights of Irish citizens; if it is unconstitutional; and if he will make a statement on the matter. [24360/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The agreement to which the Deputy refers is the bilateral instrument concerning mutual legal assistance which I signed on behalf of Ireland with the United States on 14 July 2005. The purpose of this instrument is to update and supplement existing mutual legal assistance arrangements with the United States, approved by Dáil Éireann in November 2001, in order to bring them into line with the EU-US Agreement on Mutual Legal Assistance signed by the European Union and the United States on 25 June 2003.

All member states of the EU must complete a similar process. Following this process and the completion of any internal constitutional and parliamentary procedures necessary by member states prior to ratification, the European Union will then adopt the 2003 agreement.

This instrument does not override the rights of Irish citizens and is not in breach of the Irish Constitution. The Constitution does not permit international agreements to have effect in Ireland other than in accordance with domestic law and all domestic law must conform to the Constitution.

The 2003 EU-US agreement was extensively debated in the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights on four occasions in the context of Oireachtas scrutiny of EU affairs. The main changes to the bilateral Treaty on Mutual Legal Assistance approved by Dáil Éireann in November 2001 concern the addition of provisions dealing with the identification of bank information, the establishment of joint investigation teams and the use of video-conferencing for the taking of testimony of witnesses or experts in relation to mutual assistance requests. These new features are in line with provisions in the Convention on Mutual Assistance in Criminal Matters between the member states of the EU agreed in 2000 and the protocol to that convention agreed in 2001.

With regard to the original provisions of the treaty between Ireland and the United States agreed to in 2001, these are already given legislative effect by means of the international co-operation provisions in Part VII of the Criminal Justice Act 1994. Legislation will be necessary prior to ratification of the mutual legal assistance instrument to give effect to the provisions dealing with the identification of bank information and the use of video-conferencing for the taking of testimony of witnesses or experts in regard to mutual assistance requests. In addition, the scope of the Criminal Justice (Joint Investigation Teams) Act 2004 which deals with the establishment of joint investigation teams between EU member states will need to be extended to include the US. The criminal justice (mutual assistance) Bill to be published this session will deal with these issues.

I would like to take this opportunity to assure the Deputy of several issues arising from erroneous news coverage of the scope of this instrument. There is no question of the CIA, or any police force, interrogating Irish citizens, residents or persons in custody in Ireland either in secret or at all. The Garda Síochána is the only force that can arrest, detain or question suspects in this State. There is also no question of the CIA, or any other police force, having access to bank accounts. Such accounts can be accessed only by the Garda Síochána at the request of foreign police forces under mutual legal assistance legislation. A court order must be obtained for such access to be granted. Finally, there is no provision in the instruments for the transfer of prisoners against their will.