Josepha Madigan (Dublin Rathdown, Fine Gael)
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32. To ask the Minister for Justice and Equality if the Criminal Justice (Joint Investigation Teams) Act 2004 is a potentially useful tool in the fight against crime across the European Union; if the Garda Commissioner can request another European Union state to set up a specialist joint investigation team to investigate criminal enterprises that take place here but are co-ordinated in another European Union state; if she will discuss this power with the Garda Commissioner so that the use of this Act can be urgently considered to tackle crime that is co-ordinated by Irish criminal gangs living in other European Union states; and if she will make a statement on the matter. [17137/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Ireland is a party to a number of international instruments under the auspices of the United Nations, Council of Europe and European Union which provide for a wide range of mutual assistance and extradition measures. Ireland is also a party to a number of bilateral agreements in this regard.

Given the international dimension to much organised crime activity these instruments, and the domestic legislation which gives effect to the provisions therein, play a key role in facilitating the investigation and prosecution of cross border organised crime activity.

The instruments provide for the international framework within which cooperation is facilitated through a range of measures including measures relating to the confiscation and return of stolen items, the hearing of evidence by video conference or telephone conference, controlled deliveries, the interception of telecommunications, the monitoring of bank accounts etc.

The Criminal Justice (Joint Investigation Teams) Act 2004 provides for the measures necessary to give effect to the EU Framework Decision of 13 June 2002 of the Council of the European Union on Joint Investigation Teams and provides for the terms under which Joint Investigation Teams can be established under the Act. Section 3 deals with requests to another State to establish a Joint Investigation Team. In accordance with section 3 it is the Commissioner of An Garda Síochána who, subject to the conditions set out in that section, is empowered to request the authorities in another Member State or other Member States to establish a joint investigation team.

I have been informed by the Garda Authorities that Ireland has not to date participated in a Joint Investigation Team. While Joint Investigation Teams are considered a potentially useful tool, the question of whether they provide added value to the existing mechanisms (parallel investigations, mutual assistance, police to police information exchange) in any particular case is a matter for operational decision for the Garda Síochána and their counterparts.

I, as Minister, have no direct role in the matter.

Of course, An Garda Síochána can, and do, cooperate utilising much of the existing mechanisms and through organisations and networks such as Interpol, Europol, the Egmont Group, the Camden Asset Recovery Inter-Agency Network and Fin.net amongst others. An Garda Síochána also maintain close liaison with other law enforcement agencies throughout Europe and elsewhere, exchanging information and intelligence as appropriate. Garda Liaison officers are based in London, Paris, The Hague, Madrid and Lisbon. Additionally, An Garda Síochána has members seconded to INTERPOL HQ, Lyon and to EUROPOL HQ, The Hague. Furthermore, An Garda Síochána do participate in parallel investigations with other jurisdictions and Joint Action Days organised by international bodies whereby parallel investigations are carried out simultaneously in a number of jurisdictions.

What is important is that best use is made of the available tools in appropriate circumstances and I am assured by the Garda authorities that this matter will be kept under review.

The Deputy will be interested to note that as part of the overall justice reform programme that is underway and which is being overseen by the Cabinet Committee on Justice Reform, the Committee will be looking at the question of whether the international frameworks for cooperation in criminal matters might be further exploited in support of police cooperation.