I propose to take Questions Nos. 10 and 39 together. The Criminal Justice Act, 1994 provides that applications for confiscation orders against persons convicted on indictment of drug trafficking offences and non-drug trafficking offences may be made by the Director of Public Prosecutions. The Act also provides that applications for restraint orders freezing assets which may be liable to realisation if a confiscation order is imposed may be made by the DPP. In this regard, I understand from the DPP's office that the DPP made applications to court for restraint orders in two cases as I informed the Dáil on 11 May in answer to a parliamentary question. However, I understand the DPP subsequently withdrew one order because he did not intend to proceed with the prosecution. The second case is still being processed.
An application for a confiscation order has not been made under the provisions of the Act. As the Deputy will be aware, the DPP is independent in the exercise of his functions and I am not in a position to make any further detailed comment about these cases. However, this legislation is an essential tool in bringing major criminals to justice and I am anxious that it be used to its full potential. This issue of a prosecution ultimately rests with the Garda and the DPP, based on the evidence gathered.