"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.

22 May 2013

ENDS