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Dáil Éireann debate -
Tuesday, 28 Jan 1997

Vol. 473 No. 6

Priority Questions. - Proceeds of Crime Act.

John O'Donoghue

Question:

23 Mr. O'Donoghue asked the Minister for Justice the value of assets frozen to date pursuant to the Proceeds of Crime Act, 1996; the steps, if any, which have been taken to freeze the suspected assets of those who are suspected of controlling the illicit drugs trade in the State; the steps, if any, which have been taken to freeze the suspected assets of other suspected criminals; the number of applications which have been made pursuant to the Act; and if she will make a statement on the matter. [2393/97]

A variety of applications seeking to enforce the different remedies available under the Proceeds of Crime Act, 1996, have been made by the Criminal Assets Bureau to the High Court. The Bureau has obtained interim and interlocutory orders under sections 2 and 3 of the Proceeds of Crime Act, 1996, in two cases involving five persons.

The Bureau has also obtained interim orders under section 2 of the Proceeds of Crime Act, 1996, in two cases involving three persons and applications for interlocutory orders are pending. As the Proceeds of Crime Act, 1996, provides for disposal orders only after a period of seven years has elapsed, no funds have as yet been realised for the Exchequer. As all the applications and hearings to date have been held in camera, it would be inappropriate to publish any further particulars of these cases. Other cases being investigated by the Bureau may lead to further court applications.

Applications have also been made by the Director of Public Prosecutions to restrain assets under the Criminal Justice Act, 1994, in four cases involving a total of seven persons. The value of the cash assets involved was approximately £168,000, being cash and money held in accounts maintained at financial institutions. In addition, two applications made by the Director of Public Prosecutions under section 38 of the 1994 Act in relation to five persons resulted in the detention of cash assets of approximately £30,000. The value of other realisable assets which were subject to restraint orders in these cases is not readily available.

The Disclosure of Certain Information for Taxation and Other Purposes Act, 1996, introduced by my colleague, the Minister for Finance, provides a structure for the more effective exchange of information between the Revenue Commissioners and the Garda on an ongoing basis. I have been advised there has been regular exchange of information which has been of assistance to the Bureau in their ongoing investigations into the assets of criminals.

I am glad the Proceeds of Crime Act, 1996 is working effectively. That was the legislation I had the honour of introducing to the House on behalf of Fianna Fáil which the Minister for Justice said was unconstitutional. However, that is water under the bridge now.

Can the Minister of State inform the House of the value of assets frozen to date pursuant to the Proceeds of Crime Act, 1996, as set out in the first part of this question? I cannot see how letting us know the value of these assets would prejudice any case. If the Minister of State could do that, I would appreciate it as it would display the effectiveness of the legislation and instil public confidence in it.

The information I have supplied to the Deputy is that which is available to me. Two of the four restraint orders mentioned in the reply, granted by the courts on application by the Director of Public Prosecutions under section 24 of the Criminal Justice Act, 1994, have since been discharged by the court and, therefore, are no longer in effect.

I am disappointed the Minister of State has not given the House the value of the assets frozen. Obviously, the information is not available to him but I appeal to him to make the information available. Is the Minister of State aware that the Garda Commissioner, appearing before a sub-committee of the Select Committee on Legislation and Security, stated recently there were approximately 20 criminals controlling the illicit drugs trade in the State? In the light of that statement will the Minister of State give an assurance that every one of those individuals will be investigated under this legislation and freezing orders sought in the court in respect of their assets? The underlying philosophy is that if the wealth is taken from those who are trading in death in society for the purposes of acquiring wealth the underlying reason for their vile activities will be removed.

I was not present at the meeting of the committee of the House to which the Deputy referred. I do not doubt his word but I have no way of verifying it. I am satisfied with the progress made to date in the implementation of these measures and particularly the work of the Criminal Assets Bureau. The pressure on criminal assets will be relentless and the Minister will have no hesitation in promoting additional measures should experience show them to be necessary.

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