I move:
That Dáil Éireann approves the following Regulations in draft:—
Criminal Justice Act, 1994 (Section 44) Regulations, 1996
a copy of which was laid in draft before the Dáil on the 13th day of March, 1996.
On taking office I examined the Criminal Justice Act, 1994 and expedited as far as possible the implementation of sections 32 and 57 which relate to activities which might take place in banking and financial institutions and the reporting of suspicious lodgments of large amounts of money. I discovered on taking office that those institutions had been given a period of time in which to prepare and train staff to implement those sections of the Act. The clock was already running when I took up office — they had been given until April to put those regulations into force and to complete training. They sought an extension of at least two months. I gave them an extra couple of weeks to finish their work. I then implemented those sections which I felt were immediately urgent to have the necessary regulations in place in our financial institutions.
I am pleased to introduce this motion to seek approval for regulations to be made under section 44 of the Criminal Justice Act, 1994. The purpose of the regulations is to enable the State to seize drug trafficking money being imported into or exported from the State in the form of cash. They prescribe the amount of money above which suspected drug trafficking cash may be seized under section 38 of the Criminal Justice Act, and will allow that section, and the whole of Part VI of the Act, to be fully implemented.
Section 38 empowers the Garda Síochána and Customs and Excise officers to seize cash relating to drug trafficking which is being imported into or exported from the State provided that the sum is not less than a certain amount to be prescribed under section 44. I propose under these regulations to prescribe that amount as £5,000.
Deputies will be aware that large amounts of cash are generated by drug trafficking and that supplies of illegal drugs are frequently purchased in cash. As a result, consignments of cash derived from or intended for use in drug trafficking are regularly moved across international borders. With the removal of exchange controls it is essential that our authorities have the wherewithal to seize such consignments as and when they are detected. Section 38 of the Criminal Justice Act will, with the introduction of these regulations, give them that power. With the making of the regulations, a member of the Garda Síochána or a Customs and Excise officer will now be able to seize and detain cash being imported into or exported from the State where it amounts to £5,000 or more and where the Garda or Customs and Excise officer has reasonable grounds for suspecting that the cash is derived from, or is intended to be used in, drug trafficking. Any cash so seized can initially be detained for a period of 48 hours. An order for the continued detention of the cash may be made by the District Court for a period of up to three months and further such orders may be made for a total period of two years.
Furthermore, the seized cash may be forfeited if, on application to it, the Circuit Court is satisfied the cash represents drug trafficking proceeds or was intended for use in drug trafficking.
Deputy O'Donoghue asked at Question Time why this was not introduced before now. My immediate priority when taking over this office was to make sure that the sections dealing with our financial institutions where people might launder or try to hide money were implemented as quickly as possible. I then proceeded to look in a broad way at all the areas dealing with drugs and drug trafficking. I was anxious to make sure the best methods of co-operation existed between the Customs and Excise and the Garda Síochána when implementing this section because money of this nature can be seized by both the Garda and the Customs. This is the background against which it was important to get some of those structures into place so that when this section was being implemented I could be satisfied it would work and prevent the movement of such quantities of cash resulting from drug trafficking.
I have chosen to prescribe the minimum amount of cash that may be seized and detained as £5,000. This is a tough measure, but Deputies can be assured that its effects will be felt by drug traffickers, not by anyone legitimately taking cash into or out of the country. The limit of £5,000 and the terms of section 38 of the Act will ensure that this measure is properly targeted. My aim is to ensure that effective action can be taken by the Garda Síochána and the Customs and Excise in seizing cash consignments of the size associated with drug trafficking. In electing for the amount of £5,000, I am proposing stronger measures than those in effect in, for example, the UK, where the amount is fixed at £10,000. This demonstrates the Government's determination to deal with the scourge of drug abuse and in particular to punish those who indulge in the deadly trade of drug trafficking by endeavouring to deprive them of their ill-gotten gains.
Drug trafficking is one of the most destructive evils in society. Lured by the prospect of huge financial gains, drug dealers are willing to go to any lengths to ensure their activities continue unhindered. This vile trade results in the destruction of many, mainly young, lives, and causes much misery to the family and friends of those caught up in the deadly grip of drugs. To prove successful in the war against drugs we need to target every aspect of the illegal drug trade, one of the most obvious of which is the cash on which it functions. These regulations will enable the full force of the law to be brought to bear on drug profits. By seizing not only drugs, but also the cash which buys drugs, we can increase the pressure on drug traffickers and set about reducing the supply of drugs onto the market. We have the successful efforts of the Garda and other agencies in taking drugs out of circulation. We have seen tensions building up among criminals and I have no doubt it is because they are being denied the profits they would make had they got their hands on much of the drugs that have been captured by the Garda Síochána and others.
The introduction of the regulations is part of a series of legislative measures I will bring forward in the context of a comprehensive package aimed at dealing with drug abuse and the criminal activities which it spawns. Deputies will be particularly aware of the Criminal Justice (Drug Trafficking) Bill before the Dáil at present. That is one of the most important criminal justice measures to come before this House. The measures in the Bill will increase Garda powers of detention in relation to suspected drug traffickers, with a maximum period of detention of seven days, and will allow members of the Garda Síochána not below the rank of superintendent to issue search warrants in suspected drug trafficking cases where a warrant is urgently required.
I will also, in the very near future, bring forward further measures that will bring into force the few remaining parts of the Criminal Justice Act, 1994 which do not yet have effect. Most of the Act is in force and is a vital weapon in the fight against illegal drugs, particularly as regards the confiscation of the proceeds of drug trafficking. Notwithstanding that a confiscation order has not been signed, a power which did not exist two years ago now exists. A great deal of work has been done in preparing the ground for the implementation of the remainder of the Act. I will briefly outline my plans in this regard for the information of the House. I intend to bring into operation in the very near future Part V of the Act which provides that anything that would constitute a drug trafficking offence if done on land in the State will also be an offence if done on an Irish ship. In addition, the Garda Síochána, Customs and Excise officers and members of the Naval Service will be empowered to stop, board, search and detain a ship suspected of being used in drug trafficking, even, in some circumstances, if the ship is outside Irish territorial waters. This will form an important element in our co-operation with the international community in combating drug trafficking at sea, a problem which of its very nature demands a united and co-ordinated approach.
I will also greatly strengthen Ireland's role in international co-operation against crime by bringing into operation Part VII of the Criminal Justice Act. This will enable Ireland to sign and ratify the European Convention on Mutual Assistance in Criminal Matters, a long overdue development in our criminal law which will enable us to play a full part in the co-operation with other countries which is so necessary. In addition, I will bring regulations before this House, under Part VII, which will provide for the enforcement, by means of orders under Irish law, of orders made by foreign courts for the confiscation and forfeiture of property acquired by or as a result of drug trafficking offences or other serious crimes. These measures will greatly strengthen the hands of the law enforcement agencies, in this country and abroad, in dealing with the drugs menace. The drugs problem, and the impact it has on other crime, is an issue I regard with the utmost seriousness. If tough measures have to be taken to deal with it, I will not shrink from that, whether it is increased powers of detention under the Criminal Justice (Drug Trafficking) Bill or seizure of cash under these proposed regulations. My concerns are shared by Deputies on all sides of the House and they will join with me in sending out a clear and unmistakable signal to anyone involved in drug trafficking that we mean business. I ask the House, therefore, to endorse the making of these regulations by approving the motion before it.
Deputy O'Donoghue raised a matter in a parliamentary question that did not refer to this section of the Act and I told him that I would refer to it. A number of the clauses of the 1994 Act were enabling provisions and it was left to me to do the detailed complex work of bringing in the regulations. The Act did not cover the detailed work of bringing in the regulations. I was glad to be able to introduce this new regulation and add further to the powers of the Garda Síochána.