Vol. 530 No. 1
74 Mr. Stagg asked the Minister for Justice, Equality and Law Reform if he will undertake a review of the legislative provisions governing the operation of the Criminal Assets Bureau, having regard to the findings of the Scottish Court of Criminal Appeal that similar legislation was in breach of the European Convention on Human Rights; and if he will make a statement on the matter. [3183/01]
I assume the Deputy is referring to the recent Scottish case concerning the issue of confiscation orders following conviction under the Proceeds of Crime (Scotland) Act 1995. Since the Deputy tabled his question, I understand that the decision of the Scottish Court of Criminal Appeal in this case has been reversed on appeal.
The Criminal Assets Bureau's powers to freeze and confiscate criminal assets here arises under the Proceeds of Crime Act, 1996. This Act provides for the civil forfeiture of the proceeds of crime. It is the Criminal Justice Act, 1994, which contains provisions whereby the Court is empowered, following conviction, to make orders for the confiscation of assets which it assesses to be the proceeds of offences. The operation of the legislation is kept under review and if changes are considered necessary these will be brought forward and considered by the Government in the usual way.
