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Criminal Justice Bill 2013 - Completed its passage through both Houses of the Oireachtas

The Minister for Justice, Equality and Defence said this afternoon,

"I am pleased that the Criminal Justice Bill 2013 today completed its passage through both Houses of the Oireachtas. This is an important measure to update our criminal law provisions addressing money laundering and introducing vital new radical protection in respect of the terrorist threat posed by the remote detonation of explosive devices."

The Bill has two main aims, to amend certain provisions of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and to provide for the cessation of mobile phone services to prevent their use in a terrorist bomb outrage.

The amendments to the 2010 money laundering legislation will make some technical improvements suggested by the experience of operating it over the past three years. They will also ensure a closer alignment of Irish law with the international standards set by the Financial Action Task Force (FATF).

Speaking today, the Minister for Justice, Equality and Defence, Alan Shatter TD said "While our legislation to counter money laundering and terrorist financing is of the highest standard, it is important that it is adapted to reflect the practical lessons learned from the experience of its operation, and that is seen to clearly reflect international norms."

Part 3 of the Bill makes provision in law for mobile phone networks to be shut down for a limited period in a limited area to prevent their use in remotely detonating a bomb. The new provisions will allow the Garda Síochána to address serious imminent threats involving the use of what are known as Cell-Activated Improvised Explosive Devices or CAIEDs. This is the first time such measures have been made part of Irish law and ensures that crime prevention keeps pace with advances in mobile technology.

Minister Shatter said, " Those who use explosives to terrorise, to maim, and to kill represent the lowest in humanity. They deserve our contempt and abhorrence. Their opposite is found in those who put themselves in harm’s way to protect the citizens of this State. This Bill will give the Garda Síochána and the Defence Forces a necessary tool in the fight against terrorism, one that will help protect the public against bomb threats and that will reduce the risk to the soldiers and Gardaí who put their lives on the line in responding to terrorist bomb attacks."

The Bill contains a range of safeguards and controls to ensure that any disruption to the public caused by a cessation of mobile phone services is minimised.

ENDS

 

 

11 June 2013

 

　

 

Note for Editors

 

Part 3 of the Bill provides a tool for addressing serious terrorist bomb threats - that of directing a cessation of mobile phone services. It represents a necessary yet proportionate interference with mobile communications. The Bill does not affect landline services. The Bill requires mobile phone companies to endeavour to maintain 999 call services during a cessation.

The power conferred by part 3 for the Minister to authorise a cessation of mobile phone services and for the Gardaí to issue a direction to cease may not be used lightly. It is subject to many conditions: -

·

It is only available to address a "serious threat" which is defined in the Bill as

"an imminent threat that-

 

(a) an explosive or other lethal device will be activated by use of a mobile communications service provided in the State by an undertaking, and

 

(b) the activation of that explosive or other lethal device is likely to cause -

 

(i) death of a person,

 

(ii) serious bodilyinjury to a person, or

 

(iii) substantial damage to property; "

 

·

An application for an authorisation must be made by a Garda of Assistant Commissioner rank or higher.

·

Ministerial authorisation can only be given after proper consideration - he or she must be satisfied that

o

there are reasonable grounds for believing that a serious threat exists;

o

that the cessation of mobile phone services would help to avert that threat; and

o

that in the circumstances, including the importance of maintaining mobile services in the area concerned, an authorisation is necessary and proportionate.

·

A direction to cease mobile phone services may only be issued by a Garda of Chief Superintendent rank or higher, and only when a ministerial authorisation is in effect.

·

The Garda must be satisfied that means other than a cessation of mobile phone services are less likely to avert the serious threat.

·

There is a maximum limit of 24 hours for authorisations and a maximum limit of 6 hours on directions, however, if an authorisation or direction is ever put into effect, every effort will be made to limit their duration. The Bill requires the member of the Garda Síochána issuing a direction to have regard to the need to limit the effect of the cessation on the public in the area concerned to the minimum necessary to avert the threat.