Dáil Éireann debate -
Tuesday, 28 Jan 1997

Vol. 473 No. 6

Written Answers. - Proceeds of Crime Act.

John O'Donoghue

Question:

36 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. [2132/97]

Charlie McCreevy

Question:

72 Mr. McCreevy asked the Minister for Justice if she will give details of the effectiveness to date of the recently passed Disclosure Act, 1996, and the Proceeds of Crime Act, 1996; the number of cases which have been brought to light through the use of the powers bestowed under these Acts; and if she will make a statement on the matter. [24142/96]

Minister for Justice (Mrs. Owen)

I propose to take Questions Nos. 36 and 72 together.

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 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 that there has been regular exchange of information which has been of assistance to the Bureau in their ongoing investigations into the assets of criminals.