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Speech by Alan Shatter T.D., Minister for Justice, Equality and Defence Dáil Éireann Private Members’ Business Motion re. Good Friday Agreement

A Cheann Comhairle,

The Good Friday Agreement was a key milestone in the process of seeking an

agreed and durable political solution to the conflict in Northern Ireland.

It was instrumental in securing an end to the decades of bloody violence

that had visited untold grief on so many families North and South, and in

Britain.

The Good Friday Agreement was a comprehensive settlement addressing not

only the constitutional and political questions concerning the governance

of Northern Ireland, but covering also security, policing, human rights and

equality issues essential to underpinning the political settlement.

In the limited time available to me this evening, I will focus on the

strong progress that has been made in policing and criminal justice

co-operation, particularly in addressing the threat on this island from

terrorists and the organised crime gangs to which they are inextricably

linked – put simply, criminal terrorists.

There is positive and dynamic North-South co-operation at policy and

operational levels in combating crime.  The challenges that crime presents

on this island are shared ones and joint working will continue to enhance

our efforts to improve community safety for all.

Police co-operation

Arising from the Good Friday Agreement and the recommendations of the

Patten Commission, a new dispensation in policing in Northern Ireland came

about with the establishment of the Police Service of Northern Ireland in

2001 and new policing accountability structures.

The two Governments signed an Agreement on Police Co-operation in 2002

which provides a framework for the implementation of certain of the Patten

recommendations on enhanced police co-operation aimed at improving the

level of cross-community confidence in policing in Northern Ireland.

This Agreement provides, among other things, for personnel exchanges

between the two police services which have been operating successfully

across a range of areas of police ranks and work, including training, human

resources, general operational policing and the specialist areas of

policing.

As part of the enhanced policing relationship, the two police services have

put in place and are operating a joint Cross Border Policing Strategy.  The

purpose of the Strategy is to improve public safety throughout Ireland, and

to disrupt criminal activity and enhance the policing capability of both

police services on the island of Ireland.

I know that the Garda Commissioner is very committed to building on this

joint policing strategy and to maintaining and augmenting cross-border

co-operation across all aspects of policing and he has my full support in

doing that.

Criminal justice co-operation

I meet and maintain contact regularly, formally and informally, with the

Northern Ireland Minister of Justice, David Ford.  As well as our formal

meetings, we frequently discuss matters of interest by phone as they arise.

We, and the officials in our Departments, have developed a close working

relationship which is of great benefit in addressing matters of mutual

concern and enhancing effective criminal justice co-operation.

Building on the Good Friday Agreement, the two Governments signed an

agreement on North-South co-operation in criminal justice matters in 2005

which was renewed in 2010, following the devolution of policing and justice

to the Northern Ireland Executive.

Under the framework of this Agreement I meet regularly with David Ford to

review and develop the initiatives and plans in place to achieve more

effective co-operation across the criminal justice spectrum.  There are a

number of project groups which involve the criminal justice agencies North

and South and they are bringing forward initiatives in order to enhance

joint working.  These project groups address issues related to probation,

youth justice, forensic science, sex offenders, victims and social

diversity.  The aim is to improve the knowledge, capacity and responses of

the criminal justice systems in facing similar and shared challenges.

The brutal killing of Detective Garda Adrian Donohue underlines starkly the

need for co-operation on all cross-border aspects of crime.  I want to pay

tribute to the co-operation which the Garda Síochána has received from

their colleagues in the PSNI in their ongoing investigation into this

tragic killing.

Security co-operation

Since 1998 very significant progress has been made in embedding peaceful,

democratic politics in Northern Ireland, and in ensuring that communities

all over this island can aspire to develop and progress.  The will of the

overwhelming majority of the people of this island has very clearly held

sway in that respect.

That said, it is sadly the case that there remains a small number of

unrepresentative groups who cannot or will not leave the past behind and

whose only aspiration is to sow chaos and despair.  These paramilitary

groups have, unfortunately, become known in some quarters as “dissidents”.

They could not be further from deserving the historical respectability that

this label might confer on them.

Let us be clear about it – these people are no more or less than criminal

terrorists.  They have no respect for life or liberty; they only know the

law of the gun and the bomb, and they use them both to dishonour democracy.

They will happily crawl into bed with any criminal gang of drug dealers or

smugglers in order to fund their comfortable lifestyles and their acts of

thuggery and futile violence.

Despite the relatively small numbers involved, the threat these criminal

terrorists pose North and South is real and persistent.  The fight against

the terrorist threat has always been and remains an absolute priority for

the Government and for the Garda Síochána.  The Garda authorities continue

actively to disrupt, pursue and arrest those involved, and to make them

amenable to the courts for their crimes and terrorist activities.

The Gardaí co-operate seamlessly with their counterparts in Northern

Ireland in bearing down on these criminal terrorists.  The Garda

Commissioner and the Chief Constable of the PSNI, who have responsibility

for operational policing co-operation, have repeatedly emphasised that this

close and high quality co-operation has been instrumental in disrupting

these groups, preventing attacks, combating criminality and saving lives.

I mentioned already that the Gardaí are committed to building on and

improving the current level of cross-border cooperation.  Likewise, on the

political front, I will continue to work with Minister Ford and Secretary

of State Villiers to ensure an effective response to ensure an effective

response to terrorism and cross-border criminality.

The House will be aware that I have previously expressed my profound

concern at the possible withdrawal of the UK from a number of areas of EU

police and judicial cooperation from the end of 2014.  I have made it clear

on a number of occasions that such a move would represent a very retrograde

step in the area of security cooperation.

There are a large number of areas of police and judicial cooperation which

could be negatively impacted by such a move.  Some of the areas of

cooperation are critical to the effective countering of terrorism and cross

border criminality.  The European Arrest Warrant is the most obvious

example.  The EAW procedures have replaced in their entirety the previous

arrangements with the UK for extradition of fugitives from justice.  If the

UK withdraws from the EAW there will be, as things stand, no legal basis

for extradition between our jurisdictions.  This would, obviously, be a

most undesirable situation to allow to arise.

There are other areas of cooperation, such as mutual legal assistance,

which would also be adversely affected by any withdrawal by the UK from EU

police and judicial cooperation measures.  It is, in my view, entirely

inconceivable that such areas of cooperation should cease.  Who is likely

to benefit most from such a situation?  It is clear that only the

terrorists and criminals will profit from the legal gap which would prevent

the Gardaí and the courts from facilitating the effective investigation of

offences or the bringing of people to justice in the appropriate

jurisdiction.

While I have no desire to intervene in a political debate in another

jurisdiction, the House will appreciate that I would be failing in my duty

if I did not continue to make these points very strongly in any meetings

with my UK counterparts.

In conclusion, I want to say that I meet and maintain contact very

regularly with my Northern Ireland counterparts, David Ford and Theresa

Villiers, and I can state that we are firmly of one mind with regard to the

terrorist threat.  We share a strong determination that all appropriate

measures within the law will be taken in order to bear down on these

criminal terrorists.

Fifteen years on from the Good Friday Agreement, our message to these

groups must be as loud and as clear as ever: “We, who chose peace,

democracy and a decent future for the people of this island, haven’t gone

away, you know.”

And we won’t go away.  Terrorism will not win out in the face of our strong

resolve to stand by those who are victims of terror.

All the communities on this island, no matter what their background, their

beliefs or their aspirations, share a desire to be left to get on with

their lives in peace, free from the threat of terrorism.  That is the

shared aim of all right-thinking people in Ireland.  And those groups who

don’t like that fact should get off the stage.  They belong to the past and

they should leave the future to the rest of us.