Council of the
European Union
Brussels, 14 January 2016 (OR. en)
6556/1/05 REV 1 DCL 1
CRIMORG 15
DECLASSIFICATION of document: ST 6556/1/05 REV 1 RESTREINT UE dated: 23 March 2005 new status: Public Subject: EVALUATIONREPORT THIRD ROUND OF MUTUAL EVALUATIONS "EXCHANGE OF INFORMATION AND INTELLIGENCE BETWEEN EUROPOL AND THE MEMBER STATES AND BETWEEN THE MEMBER STATES RESPECTIVELY" REPORT ON IRELAND
Delegations will find attached the declassified version of the above document.
The text of this document is identical to the previous version.
6556/1/05 REV 1 DCL 1 VG
DG F 2A
EN RESTREINT UE
COUNCIL OF Brussels, 23 March 2005 THE EUROPEAN UNION
6556/1/05 REV 1
RESTREINT UE
CRIMORG 15
EVALUATION REPORT ON THE THIRD ROUND OF MUTUAL EVALUATIONS "EXCHANGE OF INFORMATION AND INTELLIGENCE BETWEEN EUROPOL AND THE MEMBER STATES AND BETWEEN THE MEMBER STATES"
REPORT ON IRELAND
6556/1/05 REV 1 EL/ld 1 DG H III RESTREINT UE EN RESTREINT UE TABLE OF CONTENTS
1. INTRODUCTION ...... 3
2. GENERAL INFORMATION AND STRUCTURES ...... 4
3. INTERNAL ORGANISATION OF THE EXCHANGE OF INFORMATION ...... 10
4. EXTERNAL EXCHANGE OF INFORMATION ...... 13
5. EXCHANGE OF INFORMATION BETWEEN MEMBER STATES AND EUROPOL ...... 17
6. EVALUATION BY EXPERT TEAM ...... 26
7. GENERAL CONCLUSIONS AND RECOMMENDATIONS OF THE EXPERT TEAM .... 48
ANNEXES
ANNEX A: Programme of visits ...... 51
ANNEX B: List of persons met ...... 52
ANNEX C: List of abbreviations ...... 53
______
6556/1/05 REV 1 EL/ld 2 DG H III RESTREINT UE EN RESTREINT UE
1. INTRODUCTION
1.1. Following the adoption of the Joint Action of 5 December 1997, a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organised crime was established.
1.2. Following a proposal originating from the Swedish delegation and taken up by the Presidency to evaluate the supply of information and intelligence to EUROPOL and the exchange of information and intelligence between Member States, the MDG adopted the proposal at its meeting on 3 and 4 June 2002.
1.3. At its meeting on 3 December 2002 the MDG approved the questionnaire on the third round of mutual evaluations on the topic "exchange of information and intelligence between EUROPOL and the Member States and among the Member States respectively".
1.4. Following discussion at the MDG meeting on 9 January 2003, a list showing the order of Member States to be visited was agreed. Ireland is the tenth Member State to be evaluated during the third round of evaluations.
1.5. The questionnaires and the objectives of this evaluation are contained in document 11679/3/02 REV 3 CRIMORG 71.
1.6. The experts in charge of this evaluation were: Mr. Vassilis TRIANTAFYLLIS (Greece), Mr. Magnus TÖRNER (Sweden) and Mr. Andreas WAGNER (Austria). Two observers, Mr. Olivier CHEVREUL (EUROPOL) and Mr. Jacques VERRAES (Commission), were also present together with the General Secretariat of the Council.
1.7. The evaluation team has prepared the following report with the assistance of the Council Secretariat, on the basis of the observations and conclusions of the experts in the team together with the Irish authorities' answers to the questionnaire.
6556/1/05 REV 1 EL/ld 3 DG H III RESTREINT UE EN RESTREINT UE 1.8. The report first deals with general information and structures (2), followed by the internal organisation of the exchange of information (3) and of the external exchange of information (4) and then deals more specifically with EUROPOL (5). In the last chapter, the experts make a global and technical evaluation and then propose some recommendations to enhance cooperation and effectiveness in the exchange of information within Ireland and with other Member States and EUROPOL.
2. GENERAL INFORMATION AND STRUCTURES 1
Interpretations:
"the Act" means The EUROPOL Act 1997;
"the Convention" means the Convention based on Article K.3 of the Treaty on European Union on the establishment of a European Police Office (EUROPOL Convention) and the Annex thereto;
"the Commissioner" means the Commissioner of An Garda Síochána, the police service of Ireland;
The term "customs", where used in this report, means those units and resources in the Office of the Revenue Commissioners with responsibility for the assessment, collection and enforcement of Customs duties, Excise duties, Value-added Tax and other indirect taxes, import and export prohibitions (e.g. drugs law enforcement) and all national laws, EU Regulations and Directives, together with Conventions and Agreements and other relevant areas of criminal justice legislation pertaining to these activities., including investigation and prosecution for evasion.
"An Garda Síochána" is the only police organisation in the Ireland. It has a single hierarchical structure and national jurisdiction. It provides both State security and the policing function. It covers all aspects of civil law enforcement including crime investigation, traffic enforcement, immigration services, drugs law enforcement, fraud and financial crime investigations and criminal and subversive intelligence (www.garda.ie).
1 This part of the report is based largely on the answers to the questionnaire. 6556/1/05 REV 1 EL/ld 4 DG H III RESTREINT UE EN RESTREINT UE 2.1 LEGAL BASIS
An Garda Síochána
The EUROPOL Act 1997 gives the force of law in this jurisdiction to the EUROPOL Convention and provides for related matters. The Act governs the exchange of information and intelligence with EUROPOL. Ireland is currently making the necessary arrangements to enable ratification of changes to the EUROPOL Convention which are contained in three Protocols. A draft scheme of a bill which will include a provision to allow for the ratification of the Europol protocols is now nearing completion. The protocols will be ratified as soon as possible in 2005
There are no legal obstacles to the provision of information to law enforcement authorities in other EU MS. However, there are restrictions on the use to which such information may be put. It cannot be used for evidential purposes and cannot form part of any judicial process.
Internal Garda regulations confirm that the EUROPOL National Unit (ENU) is the only body permitted under the Act to liaise with EUROPOL. All exchanges between the competent authorities of Ireland and EUROPOL are transmitted through the ENU having initially been reviewed by the National Criminal Intelligence Unit (NCIU).
The primary role of the NCIU is the collation, analysis and dissemination of Garda intelligence in relation to major criminals and organised crime. The NCIU has responsibility for the "quality control" of all intelligence forwarded to EUROPOL via the ENU.
The exchange of information/intelligence will not take place unless it has been established, to the satisfaction of the Garda Síochána, that data protection legislation is in place in the receiving country.
6556/1/05 REV 1 EL/ld 5 DG H III RESTREINT UE EN RESTREINT UE Customs
Customs services throughout Europe have a long tradition of cooperation and exchange of information and intelligence. Over the years this has been formalised within the EU through a series of Council Directives and Regulations on mutual administrative assistance.
These can be summarised as follows:
Assessment of Customs duties; preventing, investigating and prosecuting contraventions of Customs Laws and CAP fraud – Naples '67 Convention on Mutual Assistance (operable by Ireland from 01/08/1974) and Council Regulation 515/97 on Mutual Assistance between the MS (operable from 13/03/1998) and Naples II Convention.
Excise fraud – Council Directive 77/799 as amended by Council Directives 79/1070 and 92/12 (transposed into Irish law by section 116A of the Finance Act 1992 as inserted by section 98 of the Finance Act 1998).
With effect from 26 June, 2004, both of the above areas are also covered by the Convention on Mutual Assistance and Cooperation between Customs Administrations dated 18 December, 1997 (Naples II Convention) which was transposed into Irish law by the Customs and Excise (Mutual Assistance) Act 2001.
The Customs Information System (CIS) is a central database facility that involves a secure electronic link between the Customs Services of the EU. The Convention of the 26.7.95 on the use of information technology for customs purposes lays down procedures under which customs administrations may act jointly and exchange personal and other data concerned with illicit trafficking activities and use new technology for the management and transmission of such data. It became operable in March 2003.
Administrative co-operation in the field of Value Added Tax particularly with a view to combatting VAT fraud – Council Regulation 1798/2003.
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There are also a number of bilateral agreements with HM Customs and Excise in the UK. Where a Member State requires information or evidence that may have already been provided under Mutual Administrative Assistance, for use in criminal proceedings, this is often provided subsequently in the form of a Mutual Legal Assistance (MLA) request which is sent under the 1959 Convention on Mutual Assistance in Criminal Matters.
Drugs etc – Regulation 515/97 (precursors only), Naples Conventions I & II and the Customs and Excise (Mutual Assistance) Act 2001.
In relation to legislation governing the exchange of information and intelligence with EUROPOL, Customs also operate in accordance with the EUROPOL Act 1997.
2.2 STRUCTURES
An Garda Síochána
(a) In the case of An Garda Síochána , information and intelligence between EUROPOL and Ireland are transmitted through the ENU, having been initially reviewed by the NCIU.
(b) The following channels are available to the Garda Síochána for the exchange of information and intelligence between Ireland and other MS:
EUROPOL National Unit: Exchanges are communicated through the ENU to the Irish Liaison Bureau at EUROPOL for dissemination to the MS. The ENU is used for exchanges involving information/intelligence falling within EUROPOL's mandate.
National Central Bureau (NCB): The NCB is a single point of contact for law enforcement agencies that require assistance with investigations and contact information when confronted with different police structures in other countries. Information is transmitted through the NCBs in the various countries.
6556/1/05 REV 1 EL/ld 7 DG H III RESTREINT UE EN RESTREINT UE Garda Liaison Officers (GLOs): The Garda Síochána has a number of Liaison Officers based in Europe, who assist home based units involved in investigations with an international/European element. The GLOs are primarily engaged in drug liaison matters in the countries in which they are based as well as in adjoining countries.
Sirene Office: In 2002 the Council of the European Union approved the decision on Ireland's request to take part in elements of the Schengen Acquis. The Schengen implementation project is progressing positively. On establishment, the Sirene Office will become another means of communicating directly with other Schengen Member State Sirene Offices.
Detective Superintendent, Liaison oversees the operation of the Liaison Offices, including the ENU, Interpol NCB, SIRENE (on its establishment) and the Garda Liaison Officer (GLO) Network (including Europol Liaison Officers) ensuring that information exchange is facilitated and that duplication is avoided where possible.
The particular channel of exchange is selected on a case-by-case basis, depending on several factors; e.g. urgency, crime category, etc. In many instances, what begins as an exchange for "police use only" develops into a situation where the information / intelligence is required for evidential purposes. At this point a formal "Letter of Request" is required.
In general, the case officer proposes the particular channel to be utilised. However, members of the various Liaison Units have an input within the defined competencies of their particular unit. The final decision in such matters rests with the Assistant Commissioner, Crime and Security.
An integral part of the progression in Ireland of international liaison, and in keeping with current practise elsewhere in Europe, is the establishment of a 24/7 operations room housing the ENU, Interpol NCB, ICU and SIRENE. This integrated unit will be staffed by personnel attached to the constituent units and will be located in a building which is currently under construction at Garda Headquarters, Dublin. Completion is expected in 2005.
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Prior to the establishment of the integrated operations room, all personnel will be trained in the various channels of communication. There will be one initial point of contact and the channel to be used will be decided on there. Operatives manning the integrated unit outside normal office hours will have access to all systems allowing continuous monitoring and rapid responses.
Customs
The Drugs Enforcement Branch (DEB) of the Investigations & Prosecutions Division (IPD) liaises directly with counterparts in other MS. Requests for information from any of the local Customs units are coordinated within the DEB and are forwarded to counterparts in the relevant MS using the appropriate legal base (see A.1 above ). Customs drugs enforcement information and requests inwards and outwards are the responsibility of the Assistant Principal in charge of Customs Drugs Law Enforcement.
With regard to Customs and Tax fraud matters, exchanges of information and intelligence are channelled through nominated mutual assistance offices. Information is also routed through Fiscal Liaison Officers, where appropriate. Customs and Tax Fraud information and requests inwards and outwards are the responsibility of the Assistant Principal in charge of Customs Investigations.
Ireland also has a Customs Liaison Officer based in London. This officer assists Customs, where possible, in any investigation which has an EU or international element to it.
An Garda Síochána and Customs
The law enforcement agencies in Ireland with competence in EUROPOL-mandated areas are (1) the Garda Síochána and (2) Customs. The lead agency in any case will depend on the nature and circumstances pertaining to that case.
Both are civil authorities.
Each service has its own intelligence structure and there is no overseeing or coordinating body between them which deals with intelligence issues.
6556/1/05 REV 1 EL/ld 9 DG H III RESTREINT UE EN RESTREINT UE However, in dealing with customs and tax matters, there are open lines of communication and close cooperation between Customs Investigations and the Criminal Assets Bureau, the Garda Bureau of Fraud Investigation and Garda Crime and Security Branch.
On the drugs side, there is a Memorandum of Understanding (MOU) signed by the Garda Commissioner and Customs in 1996. The Operational Protocol relating to this MOU is attached. In the context of drugs enforcement, there is a well established local and national liaison structure between the two services and an ad-hoc Troika between the Senior officials of the Garda Síochána, the Naval Authorities and Customs, which meets on a quarterly basis.
3. INTERNAL ORGANISATION OF THE EXCHANGE OF INFORMATION
3.1. CHOICE OF COMMUNICATION CHANNEL
The Garda Síochána
The management structure within the Garda Síochána is such that the various channels of communication are the responsibility of two Assistant Commissioners, who are the final arbitrators. The first one has the supervision on: garda technical bureau, garda national bureau of criminal investigation, garda bureau of fraud investigation, Criminal assets bureau, Garda national drug unit, Garda national immigration bureau, Garda national traffic bureau, Garda operational support unit. The second assistant commissioner supervises crime and security departments as security and Intelligence, Crime policy and administration, Liaison and protection, international coordination unit special detective unit.
The Irish liaison officers based at EUROPOL assist in the exchange of information between the ENU and EUROPOL and between the ENU and other MS through their Liaison Bureaux in particular by:
– Forwarding information provided by the ENU to EUROPOL or the MS. – Forwarding information from EUROPOL or the MS to the ENU.
6556/1/05 REV 1 EL/ld 10 DG H III RESTREINT UE EN RESTREINT UE – Assisting and advising EUROPOL officials and MS Liaison Officers in the analysis of information received from the ENU. In cases of urgency, the national liaison officers ensure rapid responses by liaising directly with other national liaison officers. They are also in a position to clarify any issues which arise relating to particular exchanges or requests.
No distinction is made between bilateral and multilateral cases but this would be considered when a decision as to which information exchange channel to choose is being made. It is possible that the channel of communication may change depending on the circumstances of the case.
Statistics show that requests for information/intelligence from MS which initiate in Ireland are more frequently dealt with bilaterally. This is due to the fact that members of the ENU examine all requests and only MS which it is believed may be in a position to provide assistance are targeted.
All mail systems are stand-alone, i.e., they do not have any links with each other or with the internal mail system of the Garda Síochána. All systems are compatible and, in theory, can be linked. It is envisaged that with the establishment of a 24/7 operations room there will be one point of access to all systems.
As the systems are not yet linked, a paper-based system is used. Encrypted faxes are available for the communication of sensitive documents.
The Garda network makes use of firewalls, ensuring the protection of the network.
Customs
The choice of a particular information exchange channel is decided on a case-by-case basis. The criterion for choosing a particular channel is that the information should, if at all possible, be sent to or received by the operational area responsible for processing the information and ensuring that it is dealt with efficiently and competently with minimum fuss or delay.
6556/1/05 REV 1 EL/ld 11 DG H III RESTREINT UE EN RESTREINT UE In operational matters mutual assistance officers based in IPD engage in the exchange of information between Customs and other enforcement agencies, both nationally and internationally, via Mutual Assistance structures and also at times via the ENU.
Until recently in the case of customs and tax fraud, Customs had little involvement with the national liaison officers at the ENU. However recently they have committed to participation in the EUROPOL AWF concerning cigarette smuggling which is likely to lead to an enhanced involvement.
In the case of drugs enforcement, Customs are involved in the receipt and despatch of operational and intelligence information exchanges via the ENU. Generally, no distinction is made between bilateral and multilateral cases other than during structured operational activity such as EU-wide Joint Customs Operations (JCOs) when case-specific coordination structures are used, i.e., Operations Coordination Units (OCUs).
Customs uses a variety of different communication methods. These include its own in-house intelligence database C-NET, which is used to disseminate intelligence to its officers on a national basis. The service also uses the CIS, AFIS, and CEN systems to exchange information on a more global basis. The AFIS system is regularly used as a secure communications tool to support the annual JCO programme.
These are a mix of national and international systems. For internal IT security reasons they are maintained as separate systems and are not interlinked.
The technical information channels used by Customs are protected by encryption and by firewalls.
6556/1/05 REV 1 EL/ld 12 DG H III RESTREINT UE EN RESTREINT UE 4. EXTERNAL EXCHANGE OF INFORMATION
4.1. DATA EXCHANGE PROCESS
The Garda Síochána
The perception of information flows between other EU MS and Ireland is a very positive one. There is no difficulty in gaining access to information which is available to the various law enforcement agencies in other MS. It is understood that the collection of information which is not immediately available will require the allocation of resources, resulting in a longer response time. It is also understood that it is incumbent on the requesting State to justify the allocation of resources.
Ireland's most important partner among the EU MS is the United Kingdom for several reasons including the following:
– Geographical proximity, including shared border; – Common judicial system; – Common language; – Historical links.
Most exchanges of information are with the UK.
There is also significant interaction with law enforcement agencies in the Netherlands and Spain.
Ireland's legal system is an adversarial one in common with the system in the UK. All information/intelligence collected by the Garda Síochána is owned by it. This information may be exchanged if it is necessary for the investigation, prevention or detection of crime. Current data protection legislation allows for this.
Prior to any exchange of information, it must be clearly understood by the receiving authorities in the other MS that the information may not be used in any judicial proceedings unless it has been communicated on receipt of a "letter of request" (mutual legal assistance).
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Customs are generally satisfied with the level and quality of information flows. While spontaneous information received from UK Customs has led to a significant number of detections and investigations and has been of a high quality, a real problem exists across the EU in regard to long delays in responding to requests for information or assistance. This has been a problem with mutual assistance requests for some considerable time.
The UK has also proved to be Customs' most important partner over the years. The likely reasons for this are a combination of the close proximity of the two countries, the fact that both share a common border, the long history of smuggling along the Land Frontier with Northern Ireland, the similarity between the two taxation systems, the tendency by fraudsters/smugglers to use one territory as a "back door" into the other, and the free movement of persons between the two countries. The Dutch, German, French and Spanish Customs services are also important partners.
Data protection legislation does not affect the exchange of information with other agencies for the purposes of the investigation, prevention or detection of crime and so, Customs have no difficulty in exchanging information with law enforcement agencies in other MS provided they have proper data protection legislation in place. It would be a serious impediment to the further exchange of information if the receiving agency was to break the confidentiality under which the information was given.
To resolve any difficulties that might arise in the exchange customs attach caveats to the information and seek to ensure that they are honoured.
There is a cross-border initiative between the Garda Síochána and the Police Service of Northern Ireland (PSNI), which also involves the respective Customs and Immigration Services, relating to cross-border organised crime on the island of Ireland. All information is disseminated through the Garda Síochána via the NCIU. Several joint operations are underway involving Garda Síochána specialist units, as well as Garda units in border districts.
6556/1/05 REV 1 EL/ld 14 DG H III RESTREINT UE EN RESTREINT UE An Garda Síochána Over the past two years GBFI have signed a number of Memoranda of Understanding with Financial Intelligence Units in other jurisdictions:
Bulgaria Cyprus Czech Republic Monaco Poland Netherlands Antilles Australia Guernsey South Korea Portugal
At the time of writing, MOUs with the following jurisdictions were imminent:
Venezuela Isle of Man
In January 2005 Ireland joined the FIU net as an observer member. When the financial and technical implications have been explored in greater detail a decision will be taken on becoming a core or full member. CAB also has a number of formal and informal coordination contacts with law enforcement agencies in other MS.
GNIB are involved in First and Third Pillar EU Working Groups, including SCIFA, CIREFI, CUEBP and the ICO.Net.
Customs participate in joint units with other customs administrations during joint customs operations (JCOs) in operation coordination units (OCU) set up under the customs cooperation working party. EUROPOL may have a future role in the development of a permanent OCU to support such operations. This matter is currently being progressed within the CCWP.
6556/1/05 REV 1 EL/ld 15 DG H III RESTREINT UE EN RESTREINT UE 4.2 INFORMATION OWNERSHIP
The Garda Síochána
Impediments have been encountered in attempts to make information/intelligence available to other MS. For example, in one particular case the receiving authority was a prosecutor and there was an expectation on his/her part that the information would emanate from a judicial authority in Ireland. This is not the case. Any such difficulties which arise are resolved by explanation and negotiation.
In relation to the concept of "information ownership", no difficulties have been encountered as all information gathered and held by the Garda Síochána is owned by that organisation. This is indicated at the outset to agencies requesting information.
It is accepted that all law enforcement agencies have priorities and it is not possible for the requesting State to direct changes to these. In almost all cases where requests for information/intelligence are categorised as urgent, timely responses have been received. As previously stated, it is also accepted that where information is not immediately available, there may be delays in gaining access to it.
Customs
Difficulties can arise with the exchange of information particularly in regard to ownership of information where it may be subject to requests for disclosure under legislation on data protection or freedom of information. However, it is possible to address such difficulties by providing the law enforcement owners of such information with written undertakings that detail these restrictions on access. In the event of any disclosure issues arising, the provider of any relevant information is always consulted in the first instance.
Customs endeavour to deal with all incoming requests promptly. Generally, information requested is provided in a timely manner, particularly where a degree of urgency has been indicated.
6556/1/05 REV 1 EL/ld 16 DG H III RESTREINT UE EN RESTREINT UE However, delays can occur. Experience indicates that delays occur mainly with the larger administrations and that information channels are not always consistent. For example, requests from one law enforcement agency for similar types of information have been received through different channels, i.e., directly through Customs mutual assistance channels, through EUROPOL and through Interpol via the ENU and NCB, respectively.
5. EXCHANGE OF INFORMATION BETWEEN MEMBER STATES AND EUROPOL
5.1. DEFINITION OF INFORMATION AND INTELLIGENCE The Garda Síochána
There is no legal definition of information and intelligence in Ireland. When the Garda Síochána refer to intelligence they mean any information that is or could be useful in the investigation, prevention, or detection of crime.
The definition of intelligence in the Garda Síochána Code is "information gathered, evaluated, analysed and recorded with the objective of providing assistance in the investigation of crimes, the prevention of crimes, and the prosecution of individuals involved in the commission of such crimes". There are different sensitivity levels for information within the Garda Síochána. Some information is classified as secret and the remainder as confidential.
In certain circumstances, some 'secret' information may be passed to EUROPOL with the exceptions mentioned under Article 4 of the Europol convention.
Article 4 of the Europol Convention provides for the ability to refuse to supply information and intelligence to Europol in the following three cases, namely : - When there is a risk of “harming essential national interests” - When there is a risk of “jeopardizing the success of a current investigation or the safety of individuals” - When there is a risk of “involving information pertaining to organisations or specific intelligence activities in the field of State Security”.
6556/1/05 REV 1 EL/ld 17 DG H III RESTREINT UE EN RESTREINT UE The ENU usually receives information during the course of an investigation. The point at which the investigating unit commences the exchange with EUROPOL depends on the type of investigation, level of international ramifications, bilateral/multilateral involvement, etc.
Customs
In the case of joint investigations and controlled deliveries (CDs) with the Garda Síochána, any relevant information is passed on immediately by Customs. Customs follows international best practice (World Customs Organisation (WCO) model) in definitions for information and strategic intelligence, tactical intelligence and operational intelligence. There are different sensitivity levels for information within Customs. They are categorised as confidential or sensitive. There is no restriction on what information may be passed on to EUROPOL.
5.2. NATIONAL EUROPOL UNIT
The Garda Síochána ("Guardians of the Peace") is Ireland's only police service. Its headquarters are in Phoenix Park, Dublin. It has national jurisdiction throughout Ireland and provides both police and national security services.
The management and control of the Garda Síochána is the responsibility of the Commissioner, who is appointed by Government. The Commissioner is responsible to the Minister for Justice, Equality & Law Reform, who in turn is accountable to the Dáil (lower house of the Irish Parliament) for the activities of the service.
In addition to the Commissioner, the Garda Síochána has 2 Deputy Commissioners, a Director of Finance and 10 Assistant Commissioners, 6 of whom have responsibility for the 6 regions into which the State is divided for policing purposes. The remaining 4 have responsibility for specific areas as follows:
– Human Resource Management; – Strategy/Services;
6556/1/05 REV 1 EL/ld 18 DG H III RESTREINT UE EN RESTREINT UE – National Support Services; and – Crime & Security.
Crime and Security is divided into various sections including that of Liaison & Protection, which comes under the control of a Chief Superintendent. The EUROPOL National Unit is based within this section under the control of the Detective Superintendent (Liaison), Liaison & Protection. The Chief Superintendent, Liaison & Protection is the Head of the EUROPOL National Unit.
The EUROPOL National Unit is staffed by one (1) Detective Sergeant, one (1) Detective Garda (both members of An Garda Síochána) and one (1) Customs Officer. However, the Customs Officer has not taken up a full time position in the ENU office at Garda Headquarters to date. There is one Detective Inspector and one Detective Sergeant from the Garda Síochána seconded to EUROPOL, The Hague, as EUROPOL Liaison Officers. Discussions between Revenue and the Garda Síochána regarding the assignment of a Customs Officer as a EUROPOL Liaison Officer in The Hague are at an advanced stage.
There is a closed network operating between the ENU and the Irish Liaison Officers based at EUROPOL, the Hague. The majority of communications between the two are over this network. There is also an encrypted fax at the ENU, which facilitates the exchange of information which cannot be transmitted by e-mail. Only in cases of extreme urgency are exchanges communicated by telephone, which is also secure. Such exchanges are then sent as soon as possible via e-mail.
With the exception of the NCIU, which is directly electronically linked with the ENU, the primary means of communicating information/intelligence between the ENU and the various Garda units is either by encrypted fax or by internal post. Although the majority of the units involved with the ENU are a single law enforcement agency and located in relatively close proximity to each other, this is not an efficient process. An I.T. solution to improve the efficiency of communications is being pursued.
The Garda Síochána is committed to the promotion of international cooperation, as are Customs. An awareness programme within the Garda Síochána promoting all aspects of international liaison has been ongoing for some time now. This awareness programme includes the following:
6556/1/05 REV 1 EL/ld 19 DG H III RESTREINT UE EN RESTREINT UE A specific component included in the Garda Training Programme consisting of a presentation of all aspects of international liaison, including EUROPOL, Interpol, Schengen, etc. Members of the Liaison Section deliver this lecture to all Student and Probationer Gardaí (student and probationer police officers) at the Garda Training College in Templemore.
Lectures to Garda members of all ranks attending various courses, e.g.,
Developmental and Promotion Courses; Crime Investigator Courses; Criminal Intelligence Officer Courses, etc.
Attendance by Garda members at EUROPOL Awareness Seminars as well as various other conferences/seminars/training courses.
Dissemination by the ENU of EUROPOL information brochures, reports and catalogues to relevant interested units.
The Commissioner's Report, published annually and circulated nationally, contains information on the ENU and EUROPOL.
The Garda Síochána manages several "AGIS" and other EU-funded programmes. This involves organising many conferences and seminars. The work of EUROPOL and the ENU as a means of international cooperation and support is promoted at all conferences and seminars.
Ireland is somewhat unique in comparison to other MS in that the Police Service and the Security Service are within a single law enforcement agency and the responsibility of one Commissioner.
All Garda international liaison units and units involved in mutual assistance are under the control of one Assistant Commissioner. The same Assistant Commissioner is also responsible for the Security and Intelligence Section of the Garda Síochána.
All Garda liaison and mutual assistance units along with the Security & Intelligence Section are located at Garda Headquarters, Dublin.
6556/1/05 REV 1 EL/ld 20 DG H III RESTREINT UE EN RESTREINT UE The primary agencies providing or receiving information/intelligence to/from EUROPOL or other MS via the EUROPOL Liaison Network are the Garda Síochána and Customs. The ENU is part of the Garda organisation and there is an MOU relating to drugs enforcement between the Garda Síochána and Customs. The ENU does not have to depend on any other organisations to be provided with information/intelligence.
To date, apart from the areas of Islamic extremism and drugs, there is very little tendency on the part of the competent authorities to supply EUROPOL with information/intelligence on their own initiative. Most exchanges are the result of requests to or from EUROPOL or other MS.
Customs has provided information and samples from ecstasy seizures to assist in the Logo Project.
The ENU is staffed by 2 officers from the Garda Síochána and 1 officer from the Customs Service.
The ENU is actively involved in informing members of the Garda Síochána about the role, mandate and task of EUROPOL and the ENU.
Customs officers assigned as national Customs/Garda Liaison Officers have attended awareness seminars in EUROPOL as have Senior Customs Officers in charge of our main ports and airports. Many officials have attended operational briefing meetings and conferences at EUROPOL. Access to EUROPOL's website is highlighted as a permanent link on Revenue's Intranet (internal communication) system.
5.3. USE OF INFORMATION AND EUROPOL ANALYSIS CAPABILITY
On the initiation of an AWF, the ENU forwards the relevant information from EUROPOL to the relevant unit of the Garda Síochána and/or the Customs authorities. The unit then examines the subject of the proposed AWF and its relevance within the context of law enforcement in Ireland. The recommendation from the particular unit regarding participation is communicated to the ENU for the final decision of the Assistant Commissioner, Crime & Security or in the case of matters involving customs competence, in consultation with the Assistant Secretary, IPD.
6556/1/05 REV 1 EL/ld 21 DG H III RESTREINT UE EN RESTREINT UE The issue of participation in AWFs is currently under review. Units are invited to study collection plans and recommend participation/continued participation or withdrawal from AWFs. The final decision regarding Ireland's participation in an AWF lies with the Assistant Commissioner, Crime & Security or in the case of matters involving customs competence, in consultation with the Assistant Secretary, IPD.
According to the EUROPOL Convention, where analysis from a working file is of a general nature and of a strategic type, all MS, through liaison officers and/or experts, shall be fully associated in the findings thereof. However, where analysis bears on specific cases not concerning all MS and has a direct operational aim, only representatives of MS which supplied the information or which are directly concerned by the information or which have been invited by the analysis group to participate in the analysis shall be associated. MS wishing to be associated with the analysis arising from an AWF must satisfy certain criteria and follow a stipulated procedure.
As a consequence, Ireland cannot and does not look for information from AWFs in which it has no particular interest. However, if it becomes clear that findings of a particular file do concern the Irish law enforcement agencies, application will be made to participate. This situation arose recently when Ireland was invited to participate in the AWF on Eastern European Organised Crime, which it has done successfully.
The findings of any analysis of files in which Ireland is a participating member are communicated through the ENU by way of reports and briefing documents received from EUROPOL.
Ireland is currently involved in nine (9) AWFs. Most contributions have been made to the AWF on Islamic Extremist Terrorism, 99-008 and AWF Monitor (dealing with Motor Cycle Gangs). In some cases Ireland has made no contributions. As it is clear that non-contributory participation does not serve to progress the actual Working File, the current situation regarding Ireland's participation in particular AWFs is under review. Units are being requested to re-examine collection plans and actual participation in AWFs of which they are members and to comment on the added value of remaining.
Customs tends to feed and draw from cases of direct interest, e.g., Ecstasy Logo Project, Suspicious Transactions AWF.
6556/1/05 REV 1 EL/ld 22 DG H III RESTREINT UE EN RESTREINT UE Membership of all existing AWFs is not necessary for Irish law enforcement agencies, as they do not all impact on Ireland. On the initiation of an AWF, Ireland will seek to participate if it deals with an issue of relevance to its law enforcement agencies (e.g. CASE, COLA, Islamic-Extremism etc.).
5.4. PERCEPTION OF EUROPOL VALUE
The Garda Síochána
The ENU's general perception of EUROPOL's role, work and results is a positive one. The Garda Síochána and Customs are committed to international cooperation and exchange and promote this within their organisations. Threat assessments, reports on the findings of the AWFs, catalogues etc. have proved beneficial in increasing knowledge and awareness in certain areas.
Many requests for information/intelligence being received by Ireland from other MS through the EUROPOL Liaison Network do not yield positive results. This, in part, is due to (i) geographical location and (ii) the fact that the information upon which the request is based often has no connection to Ireland whatsoever. The Irish ENU is very diligent in reviewing outgoing requests to ensure that they are forwarded to affected States only, or where there is a realistic expectation of receiving a positive response.
We would suggest that it would be beneficial for all MS to consider this approach, which would result in greater efficiency and the improved allocation of limited resources. This would also lead to improved effectiveness.
The Garda Síochána is of the view that the full and successful implementation of the EUROPOL Information System is a crucial part of the European Networking System required to support access to information.
In relation to this question, the following are summaries of reports received from various Garda National Support Units:
6556/1/05 REV 1 EL/ld 23 DG H III RESTREINT UE EN RESTREINT UE The Garda Bureau of Fraud Investigation (GBFI) reported EUROPOL Early Warning Messages regarding new crime trends to be particularly beneficial, as well as liaison between EUROPOL and Interpol. Training in the field of euro counterfeiting, as well as non-cash means of payment fraud were also welcomed.
The National Bureau of Criminal Investigation (NBCI) welcomed the multi-disciplinary nature of EUROPOL, as well as the provision of training in on-line internet investigations. NBCI also recommended the speedy establishment of electronic links between the ENU and national specialist units. Early Warning Messages were also of particular use to the Stolen Motor Vehicle Investigation Unit.
The Criminal Assets Bureau (CAB) appreciated EUROPOL's facilitation of the establishment of the Camden Assets Interagency Recovery Network (CAIRN) in conjunction with Ireland, Belgium and the Netherlands. The work of EUROPOL SC4 was mentioned for particular praise.
The Garda National Immigration Bureau (GNIB) frequently utilises the EUROPOL meeting facilities in the Hague but suggested that EUROPOL could sometimes be more responsive or flexible to the needs of modern policing.
The Garda National Drugs Unit (GNDU) sees the role of EUROPOL as primarily administrative and necessitating the deployment of a high proportion of national resources for the purpose of conducting historical and statistical enquiries to the detriment of current operations. A more pro-active orientation would be welcomed. NBCI perceives EUROPOL to have been of great assistance to it, specifically in relation to the provision of analytical assistance in the area of telecommunications in a human trafficking case.
CAB again mentioned CAIRN and the provision by EUROPOL of facilitator and secretariat services. The CAB Act of 1996 however, contains specific provisions which mean that much of CAB's information exchanges are bilateral. EUROPOL has also facilitated the establishment of initial contacts.
6556/1/05 REV 1 EL/ld 24 DG H III RESTREINT UE EN RESTREINT UE GNIB recognised the importance of EUROPOL's contributions to a joint investigation into the death of eight Turkish nationals who had been trafficked into Ireland. Operations "RIO" and "MARE" were greatly enhanced by EUROPOL, and more recently operations run by the Air Borders Centre (ABC) under SCIFA.
Customs As far as Customs are concerned, the role of Customs within EUROPOL should be accentuated and promoted. EUROPOL's role as a law enforcement body could be greatly enhanced through the benefits that officials with Customs experience and competence could bring to the area of Customs- related fraud; and specifically to the control of the international supply chain for goods and smuggling of sensitive items such as arms, ammunition, WMD etc.
It is also felt that EUROPOL could increase the provision of its physical and infrastructural assistance to Customs Services in joint and multi-lateral JCOs. It could also provide training in its areas of expertise, such as precursors, and in clandestine laboratory dismantling. If all MS had Customs personnel assigned to EUROPOL as liaison officers, it would provide a very valuable addition to the law enforcement network, particularly for the smaller MS, which cannot afford to post liaison officers to each of the other Member States. The CCWP, as part of its Action Plan approved by the Council in March 2004 has just completed a review of the role customs can play in Europol. Among its recommendations is an encouragement to Customs administrations to have full time and integrated representation at ENUs and Europol national desks.
EUROPOL has greatly assisted Customs particularly in relation to the management and operation of CDs of drugs and also in increasing the fluidity of inter-agency exchange of strategic and tactical intelligence.
The quality of information/intelligence exchanges between EUROPOL and Ireland is generally quite good. However, again, as stated above, there are more and more requests for information/intelligence being received where it appears that Ireland most probably will have no information or intelligence to provide.
6556/1/05 REV 1 EL/ld 25 DG H III RESTREINT UE EN RESTREINT UE EUROPOL's role is perceived very positively by law enforcement agencies in Ireland. However, "extremely sensitive" information is rarely transmitted through EUROPOL. Enhancement of information flows – particularly in respect of joint investigations and controlled deliveries – and better national communication channels, following the introduction of the EUROPOL Information System, are eagerly awaited.
6. EVALUATION BY THE EXPERT TEAM
6.1 Introduction The evaluation of Ireland took place between 14 and 16 September 2004. The expert team's evaluation took the form of an assessment of the different law enforcement agencies on Irish territory. The meetings and the cooperative attitude of the interlocutors undoubtedly resulted in a better understanding of the police systems in the Ireland and also made it easier to understand and measure the involvement of the different law enforcement agencies in European and international cooperation.
For various reasons the experts were unable to meet the concerned departments and practitioners, in particular at regional level. The lack of any such one-off encounters does not in any way detract from the assessments presented here, nor does it conceal the strengths and weaknesses of the organisation of the law enforcement authorities in Ireland. Similarly, the meetings with the heads of the principal agencies improved understanding of national ambitions, and also made it possible to measure certain aspects of international cooperation.
6.2 General comments and structures Ireland, with a total surface area of 70 600 km2 for a population of 3 969 558 inhabitants 1, has many characteristics specific to its geographical situation. The island actually has only one land border, shared with the UK and 360 km long. In contrast, its maritime location means that it has a coastline of 1 448 km. The country has one major international airport, in Dublin plus 4 others based at Shannon, Cork, Knock (Co. Mayo) and Farranfore (Co. Kerry). Ireland's historical situation and its geographical location have resulted in very strong cooperation ties with both the United Kingdom, The Netherlands, Spain and United States of America.
1 July 2004 estimate in publications factbook- internet sources.
6556/1/05 REV 1 EL/ld 26 DG H III RESTREINT UE EN RESTREINT UE On the other hand, since its accession to the European Union in 1973, Ireland has developed closer cooperation ties with all EU Member States even though cooperation with the UK, Netherlands and Spain continues to dominate, especially where cooperation between the different Irish law enforcement agencies is concerned, as will be discussed later in this evaluation. It is also worth pointing out that Ireland has not had a tradition of immigration in the past. This situation is now changing because of improved economic circumstances in recent years. One of the consequences of these new situations was the decision by the Irish authorities to create the Garda National Immigration Bureau (GNIB), as recently as June 2000. It should be noted that 133 957 persons are legally registered as non-nationals and, moreover, that only 4 735 applications for asylum were recorded by the competent authorities in 2004.1 Key areas remain the fight against terrorism, organised crime and drug trafficking. There is also significant activity which consists of fighting against tax fraud (fiscal crime) and smuggling of merchandise, which primarily falls under the jurisdiction of the customs law enforcement authorities. The Criminal Assets Bureau, set up in 1996, is also significant. The main aim of the Bureau, which falls under the authority of the Garda Síochána, is the confiscation and freezing of assets belonging to persons suspected of engaging in criminal activities. This multidisciplinary agency is extremely interesting in more than one respect – not only in relation to internal interdepartmental cooperation but also as a basis for developing international cooperation under the control of the Commissioner of AGS and therefore, all exchanges are undertaken on the basis of established channels
6.3 Internal organisation of exchange of information
6.3.1 Unlike many other police forces Ireland has one unified and centralised police force, the Garda Síochána. This police force, which has a total staff complement of 11,983 ( plus 1 744 civilian administrative staff), is overseen by 1 Commissioner, 2 Deputy Commissioners and 10 Assistant Commissioners. One of the two Deputy Commissioners is specifically in charge of the operational control of an garda Síochána (see below). Moreover, 6 of the 10 Assistant Commissioners mentioned above are responsible for the Dublin Metropolitan Region, Eastern Region, Southern Region, South Eastern Region Western Region and Northern Region.
1 A decrease of asylum seekers is registered from 11 634 in 2002 to 4 735 in 2004. 6556/1/05 REV 1 EL/ld 27 DG H III RESTREINT UE EN RESTREINT UE 6.3.1.1 The evaluation team could not meet any of the Commissioners at regional level. To understand the powers of the Garda Síochána it is important to remember that this police force has national jurisdiction. This hierarchical centralisation is evident in the Garda Commissioner's direct and personal responsibility for all operational activities. The Garda Commissioner is accountable to the Irish Parliament (Dáil Eireann) through the Minister for Justice, Equality and Law Reform. With reference to the assessments made below, it is also worth emphasising the very comprehensive powers of the police force – a result of the use of the common law system. An Garda Síochána can carry out investigations into any type of crime without referring to any other authority. Members of AGS decide (subject to law) whether or not to initiate or pursue any investigation of a complaint and they decide how any such investigation is to be conducted. The Director of Public Prosecutions has overall responsibility for the prosecution of all offences, however AGS can initiate prosecutions without referral to the Director of Public Prosecutions in all cases except the following cases:
– Homicides – Road traffic accidents resulting in death/serious bodily harm – Sexual offences – Offences under the Official Secrets Act – Corruption offences – Cases it is proposed to hear in the Special Criminal Court (3 judges – no jury).
6.3.1.2 In the fight against crime the Garda Síochána has the following sections at its disposal:
– Garda National Bureau of Criminal Investigation – Garda Bureau of Fraud Investigation – Criminal Assets Bureau – Garda National Drugs Unit – Garda National Immigration Bureau – Garda National Traffic Bureau – Garda National Operational Support Unit
6556/1/05 REV 1 EL/ld 28 DG H III RESTREINT UE EN RESTREINT UE – Security and Intelligence – Crime Policy and Administration – Liaison and Protection – Special Detective Unit.
6.3.2 Garda National Drugs Unit
This unit, headed by a Detective Chief Superintendent, comprises a main body of staff, who operate on a shift basis (4 shifts covering 24/7), supported by an intelligence unit. The Garda National Drugs Unit has a central office in Dublin where the following personnel are based:
1 Detective Chief Superintendent 2 Detective Superintendents 3 Detective Inspectors (operational) 1 Inspector acting as Customs National Liaison Officer 8 Detective Sergeants 36 Detective Gardai 4 Clerical Officers.
6.3.2.1 Divisional and District Drug Units which are not part of the national drugs unit, are responsible to their respective divisional officers and regional assistant Commissioners and carry out investigations individually or in conjunction with neighbouring drug units or the national drug unit. The priority of these units is to develop intelligence and effect arrests and seizures.
As far as the Police and Customs are concerned, their respective roles are clarified in a Joint Memorandum of Understanding (MOU) and in an Operational Protocol, which sets out operational guidelines for all personnel. A Joint Task Force (JTF) structure is in place to cater for all joint police/customs drugs enforcement intelligence-lead operations. The Naval Service is also part of the JTF where there is a maritime dimension that requires its expertise and assistance.
6556/1/05 REV 1 EL/ld 29 DG H III RESTREINT UE EN RESTREINT UE 6.3.2.2 This evaluation will obviously examine Customs powers and means of measuring interdepartmental cooperation. However, it is worth emphasising the importance of the Memorandum of Understanding that exists between the Garda Síochána, Customs and Excise. A Protocol to this agreement dated 24 October 2000 lays down in detail the respective roles of the different law enforcement authorities, in particular the arrangements for directing investigations and exchanging information. In general, this MOU is definitely one of the best-established forms of interdepartmental cooperation. Nevertheless, the experts discovered that there was no direct access interconnecting the databases of the different law enforcement authorities concerned even in the case of one-off operations implemented under the MOU. Customs and Excise, on the other hand, have contact persons in the various Garda Síochána offices to ensure liaison with their own departments1.
6.3.2.3 This allows the liaison officer, for instance, to ask the relevant police authorities for indirect access to whatever information might interest Customs and Excise. The Naval Service, on the other hand, does not seem to have even indirect access to the files of other law enforcement authorities which is not so surprising due to the fact that the Naval service has no investigative role2. As regard access by the naval service to Customs intelligence, there are nominated (24/7) liaison officers in both services. Through this channel the Naval Service can conduct checks about any suspect vessels or persons it encounters during maritime patrols. There is definitely scope for exploring easier computer access, under certain restrictive conditions, so that the Naval service, for instance, could proactively cross-check information. Even if such access were indirect, it should help further interdepartmental cooperation in this specific area.
In the case of one-off operations conducted under the JTF umbrella, the relevant (Customs) team members have full access to the range of Revenue/Customs databases and all relevant information is fed into the joint investigation. Where the Naval Service acts as part of the JTF, it has access to all the information fed into the operation by Customs. Additionally, Customs provide the Naval Service with suspect vessel lists and drugs enforcement alerts where these are relevant to the Naval Service’s sphere of operation.
1 The liaison structure between AGS and Customs is jointly operated and resourced by both agencies. It provides a channel for the exchange of information / intelligence between the two agencies. 2 Only the JTF arrangement can involve the Naval Service. 6556/1/05 REV 1 EL/ld 30 DG H III RESTREINT UE EN RESTREINT UE 6.3.3 Criminal Assets Bureau
This Bureau is clearly the most comprehensive multidisciplinary example of internal cooperation.
6.3.3.1 The Bureau was established under statute and Section 4 of the Criminal Assets Bureau Act 1996 sets out the objectives of the Bureau as follows;
– the identification of the assets, wherever situated, of persons which derive or are suspected to derive, directly or indirectly, from criminal activity, – the taking of appropriate action under the law to deprive or to deny those persons of the assets or the benefit of such assets, in whole or in part, as may be appropriate, and – the pursuit of any investigation or the doing of any other preparatory work in relation to any proceedings arising from the objectives mentioned in paragraphs above. It has to be mentioned that furnishing information by Revenue Commissioners has been authorised by the criminal Justice Act,1994, under section 63A which indicates conditions to allow information to be forwarded to Garda Síochána. This legislation only covers the information flow from Revenue to An Garda Síochána. It was carefully drafted in order to provide for the legal disclosure of confidential information in the possession of the Revenue Commissioners to "relevant persons" in the case of "relevant investigations". Its intention was not to create a "free - for - all situation" where all Revenue information would be disclosed.
6.3.3.2 As regards its effectiveness, this office collected almost EUR 6 million between 1996 and 2002 and just over EUR 10 million in recovered taxes and fines for 2002 alone 1. In addition to the financial advantages of such an office, the experts would like to emphasise the innovative concept of this kind of multidisciplinary office in that it contributes to the fight against crime by drawing on a mixture and a synergy of different skills found in the public and even the private sector. The information exchanges concern the different law enforcement agencies but also financial institutions and business. Training may therefore focus either on the public or the private sector depending on the topics covered. The Criminal Assets Bureau liaises with the FIU at national level. This agency has a staff of 53, of which 29 are members of the Garda (i.e. 53% of its total staff).
1 In "Criminal Assets Bureau: Annual Report 2002, published by the Stationery Office – Goverment Publications Office, Dublin. 6556/1/05 REV 1 EL/ld 31 DG H III RESTREINT UE EN RESTREINT UE 6.3.3.3 This eminently new and positive dimension in approaching and combating crime should not obscure the difficulties officers clearly face in accessing information. During the visit, the experts found obvious shortcomings in the means at their disposal. It seems, for example, that the different administrative officers assigned to the joint offices cannot access their own databases from their workstations. This situation means that although they are physically present in different joint offices, the multidisciplinary teams cannot carry out online and real-time consultation. The officers and teams from the different ministries working for the Criminal Assets Bureau should have, or at least be able to obtain, online access to relevant national databases for the purposes of their investigations. The Bureau has a network of PC’s and a bespoke application installed in its offices, which is used by all Bureau personnel. This network is not connected to any other network. There are other networks working in parallel with this network, which allow officers of the Department of Social and Family Affairs and the Revenue Commissioners to have direct access to their ‘home’ Department’s systems. Garda Bureau Officers have a number of PULSE terminals available from which they can obtain information relevant to their investigations. These networks allow for the exchange of information, within the law, between the Bureau and these other agencies.
6.3.4 Garda National Immigration Bureau
6.3.4.1 In the light of the information that in 1992 Ireland received only 39 applications for political asylum, while recording the presence of only 12 000 legally registered non-nationals, it may be understood that the immigration service of island nation on the western periphery of the European Union is only now emerging from its embryonic stage of development, a stage in development that is for most European immigration services an historical memory. As far as immigration is concerned, the Ireland of today differs dramatically from those years in the not so distant past when asylum applicants could be listed on one page and legal immigrants on its reverse side. This small nation received in excess of 4 735 applications for asylum in the year 2004 alone and now has in the region of 130 000 registered immigrants residing legally in the State in 2004.
6556/1/05 REV 1 EL/ld 32 DG H III RESTREINT UE EN RESTREINT UE An initial assessment of Ireland's illegal immigration problem resulted in GNIB Management concluding that the Common Travel Area (CTA) that exists between Ireland and the UK and the existence of a direct sailing route between the Port of Cherbourg in France and Rosslare Port, Co. Wexford, on Ireland's eastern coastline, were the two most important factors influencing the level of illegal immigrants successfully arriving in Ireland.
6.3.4.2 Thus, in the formative months of the GNIB's existence, a considerable level of interaction took place between GNIB Management and officials attached to both the UK Immigration Service and the French Border Police. Following the many meetings and a considerable level of exchange of information and intelligence between GNIB and UK Immigration Service, an operation named "Operation Gull", was put in place in 2003, for the specific purpose of identifying the extent to which illegal immigrants are exploiting the existence of a Common Travel Area applicable to the citizens of the two jurisdictions concerned.
6.3.4.3 The exchange of information, including that of an intelligence nature, was quickly recognised by GNIB as being one of the core elements that required developing as the Bureau grew in size in its first years in existence. However a more immediate problem had first to be tackled, which was the inadequacy of the almost totally paper-based information recording system that the Bureau had inherited from the sections of the Garda Síochána that previously had responsibility for recording the information in question.
6.3.4.4 The Garda National Immigration Bureau responded to this difficulty by putting in place the GNIB Information System, which is now provided for the use of immigration officers operating in the main harbours throughout the State, and at the larger Garda Síochána Registration Offices. The GNIB Information System contains information relating to: – Non-EEA nationals who are refused leave to land in Ireland; – Non-EEA nationals who are registered in Ireland; – Persons who claim asylum or seek refugee status in the State; – Persons in respect of whom work permits have been issued; – Persons in respect of whom visas have been issued by the State; – Persons who interact with the Social Welfare Department; – Persons/Carriers who have been the subject of Carrier Liability legislation.
6556/1/05 REV 1 EL/ld 33 DG H III RESTREINT UE EN RESTREINT UE 6.3.4.5 Plans are at an advanced stage to extend further the capacity of the GNIB Information System to include: – A new intelligence module containing intelligence specific to immigration; – The electronic exchange of "Watch List" information with the UK Immigration Service; – An electronic fingerprinting system designed to capture fingerprints of all non-nationals resident in Ireland, which will incorporate a fingerprint in the SmartCard chip of the GNIB Certificate of Registration, as an additional security feature.
6.3.4.6 The recent creation of the GNIB and the fact that no site visits took place with practitioners involved in these activities meant that the experts were unable to examine working methods properly, in particular methods relating to the exchange of interdepartmental information. However, as was repeatedly confirmed in observations, personal contacts continue to play a key role in the different administrations approached. It is true that the size of the country and, in particular, the regional administrative set-up seems to favour interpersonal exchanges. In order to deal with routine EUROPOL/INTERPOL enquiries that arrive on a daily basis from such places as Den Hague and Lyon, through the National Office, GNIB has established a EUROPOL/INTERPOL desk in its Intelligence Section. Such an initiative would have been more useful and effective undertaken as part of a common platform responsible for all international cooperation.
It is the belief of AGS that once improved electronic mechanisms are in place for the communication of requests for or exchanges of information / intelligence, the existing system of designating persons in operational units to deal with international exchange will prove to be the most practical and effective. The designated persons will have full access to the relevant databases and, moreover, will be part of the specific unit / area rather than being removed from it on a daily basis. The unique nature of AGS also means that all internal exchanges are controlled by the Commissioner. Daily responsibility for the exchanges of international information / intelligence lies with Assistant Commissioner, Crime & Security and Assistant Commissioner, National Support Services. For practical reasons, exchanges are dealt with by the relevant units, but, always under the control of the appropriate Assistant Commissioner. The units referred to are not autonomous agencies.
6556/1/05 REV 1 EL/ld 34 DG H III RESTREINT UE EN RESTREINT UE In addition, Assistant Commissioner, Crime & Security has responsibility for Interpol NCB, ENU, SIRENE (on establishment), Security & Intelligence (including a terrorism section) and Mutual Assistance and works in liaison with Assistant Commissioner, National Support Services. Accordingly, the experts consider it necessary that this particular section of the GNIB should subsequently be integrated into the future platform for international cooperation (see below).
6.3.5 The National Criminal Intelligence Unit (NCIU)
6.3.5.1 The expert team noted that neither the position of the NCIU in the organigram nor its staffing NCIU, which has a key role to play in terms of the management of information, appears in any of the organisation charts provided to experts during their visit1. Because of this it was difficult for the experts to fully understand the interaction between the NCIU and the police departments. The NCIU is responsible for collecting and disseminating information to other departments as regards organised crime. To achieve that, it was reported that a standard form is used (form C77) for the purpose of reporting criminal intelligence using the 4x4 system. The primary role of the NCIU is to collate, analyse and disseminate high-grade intelligence concerning major criminals and organised crime, together with the protection of sources of intelligence. The storage of and access to this intelligence is strictly controlled.
Functions of the NCIU – to receive all intelligence on major criminals and organised crime, from various sources – both confidential and open – so that it can be stored at one central location – to collate and analyse the gathered intelligence – to disseminate the analysed intelligence to the relevant Operational Units or Sections.
Divisional and District Officers and Heads of Specialised Units are requested to constantly encourage and remind all Members under their command of the importance of intelligence gathering in respect of major criminals and/or organised crime in their area. Members should seek to gain as much intelligence as possible, including full background on such criminals and their associates.
1 This situation is explained by the fact that NCIU is an integral part of the security and intelligence as such comes under the control of assistant commissioners, Crime and Security. 6556/1/05 REV 1 EL/ld 35 DG H III RESTREINT UE EN RESTREINT UE 6.3.5.2 According to the documentation provided to the expert team it appears that all criminal intelligence gathered on major criminals or organised crime can be prefaced by a one page document from the Supervisory Officer and prepared in the following manner:
– Supervisory Officer's evaluation of intelligence – Set out what action is being taken in relation to the intelligence gathered – What further enquiries have been initiated within the Division, i.e. request for background reports state that relevant information will be forwarded when available – Whether or not the intelligence has already been forwarded to other Operational Units – A request for assistance, if necessary.
The intelligence should be channelled through Assistant Commissioner "C" Branch (Security), for the attention of the NCIU. Unfortunately the expert team didn't obtain information on how intelligence is processed concretely within the NCIU and how this information is passed on to international channels.
6.3.6 Additional functions of the NCIU and Customs
6.3.6.1 The NCIU will also facilitate Operational Units and other Sections by "flagging" criminals when that Operational Unit/Section has a special interest. The NCIU will notify the Operational Unit/Section when there is an enquiry concerning a target or intelligence from a different section. It will also ensure, through liaison, that the gathering of intelligence is maximised and that hindrance of any operation does not occur.
All intelligence on serious crime or major criminals which comes to the attention of respective law enforcement agencies during the course of criminal investigations must be forwarded to the NCIU. All exchanges of criminal intelligence by AGS with foreign law enforcement agencies on serious crime or major criminals must be communicated through the NCIU. If such intelligence is received directly by any respective law enforcement agencies, then the contents must be forwarded to the NCIU.
6556/1/05 REV 1 EL/ld 36 DG H III RESTREINT UE EN RESTREINT UE 6.3.6.2 Customs has its own intelligence structure. There is no interagency flagging system apart from that agreed during joint operations/joint investigations. The NCIU does not receive all Customs criminal intelligence nor does it have a role in the exchange of Customs to Customs intelligence with foreign services. Such exchanges are done under various Customs instruments/conventions (as set out in our answers to the original questionnaire). Customs coordinates the allocation of operational names in respect of its own operations. In the event of Customs becoming aware of information relevant to serious offences that are within the remit of An Garda Síochána, this information is, of course, passed on through the appropriate channels.
6.3.6.3 Experts have had difficulties to appreciate the respective role between local and national collators. More specifically the inter active tasks were difficult to analyse. As senior members of the Garda Síochána confirmed to the experts, and as described below, every police district has a system of collators, who are responsible for verifying information received and analysing information produced at local level. There are approximately eighty (80) Criminal Intelligence Officers (collators) in AGS, who are responsible for validating and disseminating information / intelligence recorded on PULSE. It should be noted that no information, which might tend to disclose the identity of an informant is recorded on PULSE.
There is at present only an e-mail system for exchanging information between collators and the central PULSE level. To improve exchanges, and certainly provide a better awareness of the information exchanged and of how investigations are developing, regular meetings and seminars are arranged between the central and regional levels. The experts can only support the further integration of the international databases in the PULSE as planned by the Irish authorities.
6.3.6.4 While there are detailed instructions for criminal intelligence officers, site visits would have assisted the expert team in assessing how this operates. The experts recommend that the NCIU should have a comprehensive and clear set of standard operational procedures in order to determine which channel to be used and how to handle the dissemination of the information received.
6556/1/05 REV 1 EL/ld 37 DG H III RESTREINT UE EN RESTREINT UE 6.3.7 Revenue Commissioners
6.3.7.1 This law enforcement authority has a very important role in the fight against fraud but also increasingly in the fight against international crime. The Revenue Commissioners have over 6,500 officers working in 16 Divisions. Within these there are 6 operational divisions comprising of the four Revenue regions, Large Cases Division and Investigations and Prosecutions Division.
6.3.7.2 Apart from routine control of goods, Customs have become increasingly involved in countering most forms of Customs and tax fraud connected with major crime the Revenue Memorandum of Understanding (MOU) programme underpins co-operation between Customs and other relevant (non-law enforcement) trade partners in the import/export sphere, e.g. shippers, freight forwarders, flight handlers, etc. in the fight against smuggling, drug smuggling in particular.
Amongst their activities, experts particularly noted their role as regards drugs trafficking, the fight against money-laundering, VAT fraud, alcohol and cigarette smuggling, and the whole area of counterfeiting. In the field of drug trafficking the Revenue Commissioners have established a protocol for cooperation with the AGS in the form of an MOU1.
6.3.7.3 During their discussions with experts, senior members of the Customs service expressed a desire to develop their cooperation with all other partners within the country even further. This has been reflected in a work programme highlighting the following points: − money laundering disclosures now available to Customs may help identify illegal drug/fiscal movements; − a partnership approach with trade and the community is important; − quick response to changing methodologies, smuggling trends, new drugs; − ever-evolving risk analysis.
1 MOU between Customs and Police of 12 January 1996 and its Protocol signed 24 October 2000. 6556/1/05 REV 1 EL/ld 38 DG H III RESTREINT UE EN RESTREINT UE 6.3.7.4 The Customs acknowledge that requests for investigations are increasing, and that a multidisciplinary approach is becoming indispensable. These demands are reflected in a major growth in joint operations, but also in the signature of MOUs with private companies in the commercial sector. There is a Customs Officer permanently attached to the ENU although, to date, the position has not been taken up on a full time basis. A secure electronic link has been established between the ENU and the Customs Offices. All relevant information/intelligence from Europol is forwarded via this secure link and any requests from Customs are dealt with immediately. Currently the exchange of information is mainly through regular meetings in the framework for example of joint operations, particularly with the Garda Síochána. On the other hand, there is no direct or reciprocal access between Customs databases and those of the Garda Síochána. The exchange of information is not always formal, and sometimes on a case-by-case basis. The Customs service said that it would like to have access to certain police databases, as to ensure more effective checks at the borders and inland. A request has therefore been made to the Garda Síochána for customs officers to have access to stolen vehicle records, even if only via the EUROPOL national unit (ENU). The experts were informed by the Gardia Síochána that the custom officers will soon have direct access to the national stolen vehicle database1. The Customs Officer has authorisation to access Europol files at the ENU office.
Customs authorities have links with many international partners through which exchanges take place. Europol is one of these. Although, to date, the quantity of information / intelligence coming from Customs to the ENU for transmission to Europol has been very low (the vast majority of exchanges transmitted through the ENU are from AGS), the Customs authorities have indicated that this will increase in the future.
6.3.7.5 However, the Customs have the ambition to attain higher added value from the information it collects. Early of 2004 it set up an enhanced intelligence structure, in the form of a central intelligence unit2. This unit, which has a staff of 10 agents, operates round the clock. It analyzes the information collected and transmits the results of these analysis to a very large number of partners via existing formal liaison channels for example the Garda National Drugs Unit, the Criminal Assets Bureau, other Garda units, OLAF, Europol and other Customs agencies.
1 This refers to the Interpol SMV/ASF database which has been approved by both the Gardai and Interpol, but has not yet been put in place for technical reasons. 2 It should be noted that the National Freight Intelligence Unit (NFIU) has been in existence since 1999. An enhanced system was introduced in 2004. 6556/1/05 REV 1 EL/ld 39 DG H III RESTREINT UE EN RESTREINT UE 6.3.7.6 The experts learned that customs have a standardised system to access the reliability of the information source. The Customs are extending this system at regional level. However, our interlocutors stressed the fact that there were no plans at national level to share this information and intelligence obtained by each law enforcement authorities, and especially that there was still no consultation with the Garda Síochána. In view of this situation, the experts recommend to urgently start strategic discussions between Customs and Garda Síochána. In order to define their respective roles in international cooperation via a unique platform. This discussion would also focus on how to share the content of the various information systems.
6.4 International exchange of information
6.4.1 The Irish law enforcement representatives stated they would appreciate further development of the international information exchange at bilateral and EU level. Ireland has developed close regional cooperation with its most immediate neighbours in particular the UK. The extend of International cooperation is linked to two factors: the perceived national needs and the capacity of the departments involved.
6.4.2 National needs are catered for by means of close cooperation in the fight against drugs and related substances, vigilance in the fight against terrorism and, more recently, special attention to new migratory pressures. Thus Customs, the Garda Síochána have, for example, conducted joint operations with their counterparts in Northern Ireland. The Irish law enforcement community is aware that international criminal events have an repercussions on domestic crime trends. This is set out in the collection plan which maps crime trends. Garda Síochána produce a multi annual corporate strategy 1 setting out law enforcement priorities at national level.
1 The Garda Síochána corporate strategy 2000-2004. 6556/1/05 REV 1 EL/ld 40 DG H III RESTREINT UE EN RESTREINT UE 6.4.3 Some departments have a long history of cooperation at international level. Within the Garda Síochána, the Garda National Drug Unit has a long tradition of international cooperation in combating drug trafficking. There are four liaison officers based in London, Madrid, The Hague and Paris respectively. Such cooperation usually takes place in bilateral exchanges between police departments or through mutual assistance1.
6.4.4 One important development in the information and intelligence gathering area where GNIB is concerned is the fact that as of the beginning of September 2004, a UK Immigration Service officer is based at the Bureau headquarters at Burgh Quay. Such a development is expected to greatly enhance the flow of information between the two immigration services operating within the CTA. Shortly after the formation of the Garda National Immigration Bureau, Garda Liaison Officers were placed both in London and in Paris, as a direct response to the extent to which illegal immigration had been identified as a problem for Ireland and required a significant level of interaction between Ireland, France and the UK. The two officers concerned are frequently called upon to assist the GNIB in addressing the problem of illegal immigration having an involvement with the two jurisdictions concerned.
6.4.5 The GNIB, which still has no yet access to the Schengen Information System2, has set up an electronic exchange system with lists of persons to be kept under surveillance ("watch list") at the borders. The experts also noted a bilateral agreement with the FBI on exchanging useful information held by AGS.
6.4.6 Customs is also increasingly involved in international cooperation. This is borne out by numerous agreements mainly intended to encourage information exchanges between European or third-country customs services. The following bilateral agreements were identified by the experts:
– MOU with HMC& E Northern Ireland – MOU with HMC& E on Maritime matters
1 The Garda Liaison Officers positions in London, Madrid, The Hague and Paris were originally established to deal with drug trafficking. The mandate has, however, now been extended to cover all areas of crime. All liaison by or with the Garda Liaison Officers takes place through approved channels. 2 The Schengen Information System is not yet in operation in Ireland, i.e. there is no access to it by any section of AGS. 6556/1/05 REV 1 EL/ld 41 DG H III RESTREINT UE EN RESTREINT UE – MOU with US Customs – Liaison network UK– crime liaison officer.
Customs has also taken other initiatives, concluding agreements with 41 organisations involved in international travel and trade and with 35 third countries on mutual assistance in customs matters. The extent of international activity can be seen in the field of the fight against drug-trafficking, for instance, where 839 requests for mutual assistance were recorded in the last three years.
6.4.7 In conclusion, the experts found that there is a strong tradition of bilateral cooperation at international level. At national level for example, customs and police exchange intelligence on specific matters on a case-by-case basis by holding regular meetings. These are usually informal exchanges subsequently backed up by an exchange on paper in a standard format. The experts found that the lack of a single national platform and a joint law enforcement information policy hampers the Irish contribution to international law enforcement authorities. Such a platform could replace the current case by case approach.
6.4.8 Being aware of the limits of the system at national level and its consequences for international cooperation, the Garda Síochána assured the team of experts that they were committed to shaping the structures around two strands, as follows:
– a single section within Liaison and Protection to oversee all international liaison – a new structure at Garda Headquarters to accommodate the following: EUROPOL, INTERPOL, SIRENE, Liaison Office, International Coordination Unit and Management of GLO Network. The unique nature of AGS also means that all internal exchanges are controlled by the Commissioner. Daily responsibility for the exchange of international information intelligence lies with Assistant Commissioner, Crime & Security and Assistant Commissioner, National Support Services. For practical reasons, exchanges are dealt with by the relevant units, but, always under the control of the appropriate Assistant Commissioner. The units referred to are not autonomous agencies.
6556/1/05 REV 1 EL/ld 42 DG H III RESTREINT UE EN RESTREINT UE In addition, Assistant Commissioner, Crime & Security has responsibility for Interpol NCB, ENU, SIRENE (on establishment), Security & Intelligence (including a terrorism section) and Mutual Assistance and works in liaison with Assistant Commissioner, National Support Services. The intention is to house all Liaison units in one building. It is also intended to coordinate exchanges being transmitted through these channels by establishing a single point of entry / exit. This will ensure that all exchanges are transmitted to the appropriate units and that duplication is avoided.
6.4.9 There is clearly some way to go before that overall vision becomes reality. At present, the Interpol NCB has no direct electronic link with other sections within AGS and the majority of exchanges with these sections are written Furthermore, although all the units involved in international cooperation are based at the same police headquarters, none have direct computer links with any of the others. To bring these inadequate working methods into line with current demands in the international arena, the officers interviewed stated their desire to see the international departments within the various Garda Síochána units grouped together within a single platform by the end of 2005. The experts stress that the creation of a single platform for international cooperation and encompassing all 1 the Irish law enforcement agencies should be seen as a priority issue and be based on a model endorsed by all partners. The AGS intend to physically place all Liaison Units (Interpol NCB, ENU, BdL, SIRENE, ICU) together in one building. Work is currently underway, in conjunction with consultancy agencies, to develop practices and procedures to achieve the following goals in the short term :
- all personnel attached to Liaison Units will be trained in each other’s work practices and procedures and will be will be interchangeable; - staff will be increased and in all future competitions to the Liaison Units, positions will be advertised and personnel recruited as International Liaison Case Officers there will be a single entry / exit point for all requests for or exchanges of information to the Liaison Units; - electronic links will be established between Liaison Units and other Garda sections (a network has been recently established providing an e-mail facility within AGS at management level - it has been agreed to extend this facility to the Liaison Offices); - The new International Liaison Building will have a 24/7 operations room, which will be staffed by members from the various Liaison Units providing 24/7 coverage for all units.
1 In accordance with the action plan recommendations made by the High Level Group (recommendation 1 of 1997). 6556/1/05 REV 1 EL/ld 43 DG H III RESTREINT UE EN RESTREINT UE It is also the intention to continue the system of nominating members within all sections of AGS to liaise specifically with the Liaison Units.
The experts believe that this platform could be the focal point of all international exchange of information that are currently conducted by the different national services. It could be useful if this focal point was informed of all relevant direct contacts between national law enforcement departments and their foreign counterparts to prevent any overlaps.
6.5 EUROPOL
6.5.1 Generally speaking, most of the partners interviewed during the evaluation seamed enthusiastic about the role and objectives of EUROPOL, an attitude which took practical form in internal actions aimed at increasing awareness in this respect. Awareness training with regard to Europol has been going on within AGS for a number of years through presentations (at all levels within and outside of An Garda Síochána), circulation of Europol Bulletins, reports etc.; attendance meetings / seminars etc. and the inclusion of a short commentary on Europol and it’s activities in the Commissioner’s Annual Report. The Garda Síochána provides systematic training to make all police officers more aware of all areas in the international dimension including EUROPOL. The Garda Síochána sees EUROPOL as offering three major advantages: – The largest potential for analysis within the EU; – Essential linguistic capabilities; – Unique multi agency platform at present.
6.5.2 The rules concerning AWF data access are deemed too bureaucratic and very slow. The current absence of a functioning EUROPOL Information System is seen as a major impediment to effective cooperation. Generally speaking, EUROPOL should be more "pro-active "in the area of international exchange of information/intelligence.
6556/1/05 REV 1 EL/ld 44 DG H III RESTREINT UE EN RESTREINT UE 6.5.3 The National Drug Unit participates in several EUROPOL projects including Case and Cola AWFs and the EUROPOL Ecstasy Logo System (EELS). Despite satisfactory overall results concerning those products and services, there are still some impediments to effective exchange of information: differences between MS legislations and procedures; different priorities as regards the illicit substances to tackle. In 2003 191 requests were received, 23 were sent and 14 controlled deliveries (out of a total of 40 at national level) were carried out with the support of EUROPOL.
6.5.4 The Bureau of Fraud Investigation (which deals with money laundering, currency counterfeiting, computer crime) is involved in AWF Terminal (targeting networks involved in fraudulent activities relating to payment cards). The perception of this operational project is good. As regards money laundering activity, the FIU (Financial Intelligence Units) channel is usually preferred to the EUROPOL one. EIS functions are not used for euro counterfeiting cases mainly because of the absence of direct access.
6.5.5 From the earliest stage of its development, GNIB has cooperated through EUROPOL. Indeed, it was through attending EUROPOL meetings and participating in operations set up or coordinated by EUROPOL that GNIB had some of its first opportunities to interact with the immigration services of many EU Member States.
6.5.6 Ireland, through GNIB, in October 2001, participated in the High Impact Operation (HIO) on illegal immigration, a proposal of the Belgian Presidency of the EU. The HIO involved Member States making personnel and equipment available to what were then applicant Member States, to support them in combating illegal immigration, smuggling and trafficking of human beings across the EU's new external borders. Ireland and the UK combined to send a joint UK Immigration Service/GNIB team to the Czech Republic in the course of participation in the HIO.
6.5.7 "Operation Rio", a proposal of the Spanish Presidency of the EU, is another operation coordinated by EUROPOL that Ireland actively participated in. "RIO" is one particular operation through which GNIB acquired useful information and assisted in highlighting the uniqueness of Ireland's illegal immigration problem in terms of the nationalities of those attempting to enter Ireland.
6556/1/05 REV 1 EL/ld 45 DG H III RESTREINT UE EN RESTREINT UE In order to deal with routine EUROPOL/INTERPOL enquiries that arrive on a daily basis from such places as The Hague and Lyon through our National Office, GNIB has established a EUROPOL/INTERPOL desk in its Intelligence Section at its headquarters at Burgh Quay, Dublin.
6.5.8 One of the reasons why the immigration service in Ireland has more limited interaction with EU Member States other than the UK and France is the uniqueness of the country of origin of persons entering the State illegally. For example the number of Nigerians who seek asylum in Ireland is greater than in the other top ten nations put together, with Ireland receiving almost half of all persons of Nigerian nationality who seek asylum in European Member States. It is for this reason that Ireland may not benefit as much as other Member States from the achievements of Analytical Work Files (AWFs) that have been established by EUROPOL.
6.5.9 Therefore, both in their general approach and in the context of specific operations, the Irish authorities manifest on a daily basis their desire to increase their use of Europol as an aid to investigations and operations.” in order to more clearly express their view. However, the experts noted some internal difficulties which still prevent EUROPOL from being exploited to the fullest.
6.5.10 The first weakness is again the lack of a common international platform responsible for processing and exploiting international data as a whole and for channelling communication flows to EUROPOL or to the relevant authorities within Ireland. The Irish ENU consists of two police officers and one part-time customs officer. The Unit operates during normal office hours only, five days out of seven. The Irish authorities have themselves stressed the importance of information processing and, more specifically, response times; it must be acknowledged that the present organisation cannot meet such demands. Although the officials we spoke to assured us that the situation was going to change significantly in the coming months. “The Irish authorities have themselves stressed the importance of information processing and, more specifically, response times; it must be acknowledged that the present organisation cannot meet such demands.” It is acknowledged that current staffing levels at the ENU are not adequate to deal with the ever- increasing workload. However, the situation is being addressed.
A member of the Security & Intelligence Section has recently been assigned to the unit. He has direct access to the Europol network and all terrorism matters will be forwarded to him by the Liaison Bureau.
6556/1/05 REV 1 EL/ld 46 DG H III RESTREINT UE EN RESTREINT UE In addition, a member at the NCIU is now also attached to the ENU and works full-time on Europol related work.
Application has also been made to increase the personnel attached full-time to the unit to 3 (1 Detective Sergeant & 2 Detective Gardaí), This application is currently being considered by Garda management.
The establishment of electronic links between the ENU and other Garda Sections will also greatly improve the efficiency of the unit. The experts noted that outside office hours there is a call-out facility to provide 24 hours coverage. However the experts would recommend 24/7 physical presence to better ensure European partners that their requests will be processed swiftly, especially now that the customs authorities have set up a Central Intelligence Unit with a 24 hour service. This brings us to the second weakness in the organisation of the Irish ENU. There is only one part-time customs officer, who does not appear to be fully involved in the life of the Unit. Customs are exploring greater involvement for the customs liaison officer on the international platform to be established within the Garda Síochána, possibly through a full-time posting in the ENU. AGS has established an electronic link between the ENU and the Customs offices to facilitate the efficient transmission of information / intelligence.
The experts can only agree with this desire, particularly given the customs authorities' intention to appoint a customs official as EUROPOL liaison officer. The customs authorities also drew attention to the ambiguity in the area of competence for fraud (a matter for the police under the EUROPOL Convention and in Ireland, dealt with mainly by the Office of the Revenue Commissioner, even if fraud investigation is primarily the responsibility of AGS). It must also be appreciated that outside of the Europol network, Customs to Customs channels are still extensively used and are the preferred channels for certain Customs Services. It is expected that these channels will continue to be used in the future.
6556/1/05 REV 1 EL/ld 47 DG H III RESTREINT UE EN RESTREINT UE 6.5.11 The Garda Síochána officials interviewed also repeatedly stressed that the rules governing access to information contained and processed within AWFs were far too rigid. They argued that the work carried out by the EUROPOL information analysis office should be separated from the work carried out directly by the offices in charge of the AWFs concerned, with more flexible rules permitting greater access where necessary for all interested Member States to EUROPOL analyses. It could be recommended here that EUROPOL and the Member States experts give thought to the possibility of relaxing the working rules within AWFs to study possible ways of making analyses carried out by EUROPOL more accessible to Member States not directly associated with the AWF concerned.
6.5.12 In relation to the dissemination of information produced by EUROPOL, the police authorities assured the experts that within the next two years all information produced and disseminated by EUROPOL would be forwarded to the relevant law enforcement agencies in computerised form. The Customs service already receives, at its IPD offices, a considerable amount of its information from Europol via the ENU in computerised form.
6.5.13 The evaluators were also assured that the Irish authorities intend to ratify the three protocols to the EUROPOL Convention by the end of 2005.
7. GENERAL CONCLUSIONS AND RECOMMENDATIONS OF THE EXPERT TEAM
In general the experts are of the opinion that the level of international cooperation in which Irish law enforcement authorities are involved can continue to improve. Currently, the cooperation meets the general principles that apply in the European Union, and its level corresponds to the perceived current needs of Ireland. Bilateral contacts with the United Kingdom dominate the international cooperation for geographical and historical reasons and have been extended to some other countries, including the Netherlands and Spain and also third country as US, which are seen as relevant to manage national crime phenomenon.
6556/1/05 REV 1 EL/ld 48 DG H III RESTREINT UE EN RESTREINT UE However, the experts noted that AGS and Customs developed their IT systems independently and this hindered the direct access to information and could hinder the capabilities to engage in wider and routine based international law enforcement cooperation. It has also to be mentioned that AGS and Customs were both very positive when expressing their views on the issue of mutual cooperation. Both agencies are committed to make all efforts necessary to combat the increasing problem of international crime.
As in many Member States, discussions are underway to develop a national intelligence led law enforcement capability. This as well as the forthcoming accession of Ireland to the Schengen Implementing Convention and the announced setting up in 2005 of a single national platform for AGS to manage its international law enforcement cooperation, will in the opinion of the experts, have a positive impact on Ireland's way to cooperate with other European partners and especially with EUROPOL. The decision which intended that the Liaison Units will group together in one building and the 24/7 integrated operations room will be established by the end of 2005 appears as a very positive way of significant change.
7.1. FOR IRELAND
7.1.1 Ratify the three protocols amending the EUROPOL Convention in line with the declaration on combating terrorism from the European Council of the 25 March 2004, i.e. by the end of 2004. (see 6.5.13)
7.1.2 To set up, as undertaken, before end of 2005 an international platform bringing together all the departments concerned by international law enforcement cooperation, to establish a single coherent information policy for all international information exchanges. (see 6.4.9)
7.1.3 To ensure a round a clock availability of the ENU when the new international liaison building will be in place. (see 6.5.10)
7.1.4 To improve mechanism in order to disseminate products and services provided by EUROPOL. (see 6.5.12)
6556/1/05 REV 1 EL/ld 49 DG H III RESTREINT UE EN RESTREINT UE 7.1.5 To have a single technical solution for all national law enforcement authorities permitting them to engage in the exchange of information and intelligence throughout the country. (see 6.3.6.4)
7.1.6 To develop an IT gateway to international databases and allow law enforcement authorities to consult or have indirect access to relevant national and international information through this platform. (see 6.3.6.3)
7.1.7 Provide the law enforcement authorities with the tools to share information. (see 6.3.2.3 and 6.3.7.6)
7.2. FOR EUROPOL
Consider liberalising the working rules governing AWFs in order to improve and to accelerate the setting up and the management of AWF. (see 6.5.11)
7.3 FOR THE OTHER MEMBER STATES
To study possible ways of making analyses carried out by EUROPOL more accessible to Member States not directly associated with the AWF concerned. (see 6.5.11) ______
6556/1/05 REV 1 EL/ld 50 DG H III RESTREINT UE EN RESTREINT UE ANNEX A PROGRAMME OF VISITS Tuesday 14 September 2004
Venue: Officer's Club, Garda Headquarters, Phoenix Park, Dublin 15 9.30-10.00 Welcome by Commissioner & Deputy Commissioner, Operations 10.00-10.15 Opening address by Assistant Commissioner Tony Hickey Head of MDG Delegation 10.15.11.00 An Garda Síochána organisational overview D/Chief Superintendent John O’Brien, Head of EUROPOL National Unit (E.N.U.) 11.00-12.00 An Garda Síochána intelligence function Security & Intelligence (speaker TBC) 12.00-12.45 Garda National Drugs Unit (G.N.D.U.) (speaker TBC)
12.45-14.00 Lunch
14.00-14.30 Garda Bureau of Fraud Investigation (G.B.F.I.) (speaker TBC) 14.30-15.00 Criminal Assets Bureau (C.A.B.) (speaker TBC) 15.00-15.30 National Bureau of Criminal Investigation (N.B.C.I.) (speaker TBC) 15.30-15.45 Tea/Coffee 15.45-16.15 Garda National Immigration Bureau (G.N.I.B.) (speaker TBC) 16.15-17.00 Conclusion and Q & A session Assistant Commissioner Tony Hickey and representatives from the Garda National Support Services. 20.00 Dinner hosted by the Department of Justice Equality & Law Reform Fado Restaurant at the Mansion House, Dawson Street, Dublin 2
Wednesday 15 September 2004
Venue: Revenue Commissioners, Investigations and Prosecutions Division, Ashtowngate, Dublin 15 10.00 Presentations by the Revenue Commissioners on: • The Revenue organisation and responsibilities • How intelligence is handled • Engagement with EUROPOL 10.45 Tea/Coffee 11.00-12.30 Open discussion on any issues the evaluators wish to raise in connection with the questionnaire. 12.30-14.30 Lunch hosted by Revenue at local restaurant 14.30-17.00 Operational visit, wrap-up and conclusion ______
6556/1/05 REV 1 EL/ld 51 ANNEX A DG H III RESTREINT UE EN RESTREINT UE ANNEX B LIST OF PERSONS MET Customs
Michael Colgan, Principal Officer (Drugs Enforcement/Central Intelligence) Michael Mc Gill, Assistant Principal (Central Intelligence Unit) Ursula O' Neill, Assistant Principal (Customs Investigations) Seamus Colgan, Higher Executive Officer (Customs Liaison & Joint Operations in the area of Drug Enforcement) Matthew Mc Grath, Higher Executive Officer (International Customs Branch)
An Garda Siochana
D/Chief Superintendent Martin Callinan, Security & Intelligence D/Inspector Noel Clarke, Security & Intelligence D/Superintendent Finbarr O'Brien, GNDU D/Inspector Dave Dowling, GBFI D/Inspector Gerry Giblin, GBFI Assistant Commissioner Tony Hickey Assistant Commissioner Joe Egan D/Chief Superintendent John O'Brien D/Chief Superintendent Martin Callinan Inspector Orla McPartlin D/Inspector Noel Clarke D/Sergeant Maura O'Sullivan Sergeant Joseph Byrne D/Garda Brian Gowran
GNDU D/Superintendent Barry O'Brien D/Sergeant Paul Murray D/Garda Jerry Murray
CAB D/Superintendent Martin McLoughlin
GNIB D/Superintendent John O'Driscoll
GBFI D/Superintendent Eugene Gallagher D/Inspector Gerry Giblin D/Inspector David Dowling
NBCI D/Superintendent Pat Brehony D/Sergeant Finbar Gartland Sergeant Mick Moran ______
6556/1/05 REV 1 EL/ld 52 ANNEX B DG H III RESTREINT UE EN RESTREINT UE ANNEX C LIST OF ABBREVIATIONS/GLOSSARY OF TERMS ACRONYM ENGLISH TRANSLATION OR ABBREVIATION EXPLANATION TERM
ABC Air Borders Centre
AFIS Anti Fraud Information System
AGS An Garda Siochana
AWF Analytical Work File
BdL Bureau de Liaison
CAB Criminal Assets Bureau
CAIRN Camden Assets Interagency Recovery Network
CAP Common Agriculturel Policy
CCWP Customs Cooperation Working Party
CD Controlled Deliveries
CEN Customs Enforcement Network
CIS Custom Information System
CTA Common Travel Area
DEB Drugs Enforcement Branch
DPP Director of Public Prosecution
EELS Europol Ecstasy Logo System
ENU Europol National Unit
6556/1/05 REV 1 EL/ld 53 ANNEX C DGH III RESTREINT UE EN RESTREINT UE
ACRONYM ENGLISH TRANSLATION OR ABBREVIATION EXPLANATION TERM
FIU Financial Intelligence Unit
GBFI Garda Bureau of Fraud Investigation
GLO Garda Liaison Officer
GNDU Garda National Drugs Unit
GNIB Garda National Immigration Bureau
HIO High Impact Operation
ICU International Coordination Unit
IPD Investigations & Prosecutions Division
JCO Joint Customs Operations
JTF Foint Task Force
MLA Mutual Legal Assistance
MOU Memorandum of Understanding
NBCI National Bureau of Criminal Investigation
NCB National Central Bureau
NCIU National Criminal Intelligence Unit
OCU Operations Coordinatiion Unit
PSNI Police Service of Northern Ireland
6556/1/05 REV 1 EL/ld 54 ANNEX C DGH III RESTREINT UE EN RESTREINT UE
ACRONYM ENGLISH TRANSLATION OR ABBREVIATION EXPLANATION TERM
PULSE Police Using Leading Systems Effectively (AGS computer system)
SCIFA Strategic Committee on Immigration, Frontiers and Asylum
SIRENE Supplementary Information Request at the National Entries
WCO World Customs Organisation
WMD Weapons of Mass Destruction
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6556/1/05 REV 1 EL/ld 55 ANNEX C DGH III RESTREINT UE EN