Report Stage
Dáil Éireann 22 May 2013
Instruction to Committee Motion
"That, pursuant to Standing Order 177, Standing Order 131 is modified to
permit an instruction to the Committee to which the Criminal Justice (Money
Laundering and Terrorist Financing) (Amendment) Bill 2013 may be
recommitted in respect of certain amendments, that it has power to make
provision in the Bill in relation to: the cessation of mobile
communication services where necessary to avert a serious threat of death
of a person, serious bodily injury to a person, or substantial damage to
property arising from the activation of an explosive or other lethal
device by use of a mobile communication service; the Minister for Justice
and Equality authorising the issuing of directions to undertakings to cease
providing mobile communication services in circumstances where such a
serious threat arises; various conditions and limitations on the powers to
issue authorisations and directions; offences relating to non-compliance
with directions; matters related to the foregoing; and to divide the Bill
into Parts and change its title to take account of these provisions.”
An t-Aire Dlí agus Cirt agus Comhionannais
A Cheann Chomhairle,
I am bringing this motion of instruction to enable some amendments, of
considerable importance to the security of the State and the public, to be
included in the Bill. The Bill currently before the House – the Criminal
Justice (Money Laundering and Terrorist Financing)(Amendment) Bill 2013, as
its long title states, amends the Criminal Justice (Money Laundering and
Terrorist Financing) Act 2010. The proposed amendments are beyond the
scope of the current title of the Bill and so it is proposed to amend the
title of the Bill.
The amendments which will be inserted as Part 3 of the Bill are to deal
with serious, imminent threats to life or property arising from an
explosive or other lethal device. They address those circumstances where a
mobile phone might be used to remotely detonate a device. The amendments
provide for directions to be given to mobile phone companies to cease their
services in particular geographic areas for a limited period of time where
this is considered necessary to avert such a threat.
As Deputies may be aware many other jurisdictions have similar powers
already in operation. For instance, our closest neighbours Britain and
Northern Ireland have provisions in law for the issuing of directions to
mobile telephone operators to cease service in certain circumstances. In
relation to Northern Ireland, An Garda Síochána has a good relationship
with its counterparts which is essential when dealing with the safety and
security of the whole of this Island. Clearly it is also important that we
are able to liaise and co-ordinate with the PSNI to deal with any incidents
which may involve explosive devices which can be detonated using mobile
phone technology. Further afield countries such as Australia have a range
of provisions in place to deal with such situations. It is, I believe,
important that in this jurisdiction the Gardai are equipped with the
necessary legislative powers to deal with incidents which may cause death
or serious injury. As I previously stated in the Dáil, it is my
understanding that the law enforcement authorities in Boston invoked such a
power in response to the outrage which occurred there recently. Events
such as this make it clear to all of us here today the importance of having
measures in place to deal with extremely serious threats which may
potentially result in loss of life and injury. It is a regrettable fact
that terrorist organisations, and criminal gangs, are prepared to exploit
any means, including advances in technology, to kill and maim. It is
necessary, in those circumstances, for the law enforcement authorities to
be given the means to counter these threats. It would be remiss of me as
Minister for Justice and Equality if I ignored this reality and left the
Gardaí bereft of the necessary tools to meet that threat. I trust that all
Deputies will be in agreement with me on this obvious fact.
Let me assure the House, however, that the proposed legislation adopts a
balanced and proportionate response to the threat. Accordingly, the
powers contained within it are subject to a range of safeguards and
conditions. The powers proposed in the amendments are only available where
there is a serious threat that an explosive or lethal device is likely to
cause loss of life, serious injury or serious damage to property. The
powers cannot be used other than in such a situation and the procedures and
checks are set out clearly in the proposed legislation thereby ensuring
that both an effective and safe system will be in place.
The system provides for essentially a two tier process involving
decisions at Ministerial level and at Garda level.
An application must first be made by a very senior Garda, of Assistant
Commissioner rank or higher, to the Minister for authorisation to issue
directions. The Minister may only give an authorisation if satisfied that:
· there are reasonable grounds for believing a serious threat exists;
· there is a reasonable prospect that cessation of mobile phone
services within a geographical area would be of material assistance
in averting the threat; and
· having regard to all the circumstances, including the importance of
maintaining mobile phone services in the area concerned and the
effect on users, that cessation of services is necessary and
proportionate,
There is a 24 hour limit on the time for which an authorisation may be
acted upon.
A central element of the Part is in the proposed section 24 which provides
for a member of the Garda Síochána of Chief Superintendent rank or higher,
having received a Ministerial authorisation, to direct a mobile phone
service provider to cease providing services in a particular area at a
particular time. This power to issue a direction is subject to a range of
checks and balances which are contained in Part 3.
For instance, a Garda Chief Superintendent may only give a direction where
he or she is satisfied that the serious threat continues to exist and where
other means of averting the threat are less likely to succeed.
A direction is limited in effect to 6 hours. Where a direction is no
longer required it must be withdrawn. Mobile phone companies will
be
required to comply with a direction and failure to do so will be an
offence. Mobile phone companies must endeavour to continue to provide 999
call services.
In our society today, it is inescapable that mobile communications are
central to everyday life and business whether they are used as a social
tool or communicator such as is the case with facebook or for more serious
communications in relation to work or similar activities. I say this
because it is important that the House recognises that the powers proposed
in these provisions are not being introduced lightly. They are being
introduced as there is now a need for such powers in our society if we are
to be able to effectively deal with those who may be involved in posing a
threat to life by the use of explosive devices that can be detonated by
mobile phones and who have the ability and technical knowledge to achieve
this. We must ensure that we have the capability to deal with such
developments.
I would also reiterate the fact that the powers are subject to the
conditions I have mentioned – consideration and application by an Assistant
Commissioner; consideration and authorisation by the Minister;
consideration and direction by a Chief Superintendent; 24 hour limitations
on authorisations; 6 hour limitations on directions; tests of necessity and
proportionality – but above all, it is only available where there is a
serious and imminent threat to life, limb or property from an explosive or
lethal device activated by mobile communications services. It is an
altogether regrettable reality that terrorists and others use explosives to
threaten, to maim and to kill. We must provide for that reality. The Garda
Síochána and the Police Service of Northern Ireland advise that
cell-activated devices are a real threat on the Island north and south.
I am very conscious that interference with mobile phone services is an
interference with the everyday lives of people and of businesses. The
powers outlined in the amendments are necessary and proportionate. They
are necessary because terrorists and criminals try to exploit mobile phone
services to remotely detonate bombs. They are proportionate because they
are subject to a range of safeguards and conditions. I will, of course,
expand on the content of the amendments as we discuss them in the debate.
I commend this motion of instruction to the House.