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Criminal Prosecutions

Dáil Éireann Debate, Tuesday - 12 July 2011

Tuesday, 12 July 2011

Questions (305, 306)

Robert Dowds

Question:

314 Deputy Robert Dowds asked the Minister for Justice and Equality if there are any indications coming from the Director of Public Prosecutions regarding possible legal proceedings arising from the country’s banking scandals; and if he will make a statement on the matter. [19569/11]

View answer

Robert Dowds

Question:

315 Deputy Robert Dowds asked the Minister for Justice and Equality if his attention has been drawn to the growing unease at the failure to bring anyone to court in relation to the banking scandals to date; and if he will make a statement on the matter. [19570/11]

View answer

Written answers

I propose to take Questions Nos. 314 and 315 together.

I attach the highest priority to the fullest investigation of white collar crime and making the perpetrators of such crime amenable for their crimes. I have expressed, both before and since my appointment as Minister, my unhappiness with the protracted nature of the investigations. In so doing, I am not criticising those carrying out the investigations. It is clear that the complexities of the matters being investigated create tough challenges for investigators and prosecutors.

There is extremely close co-operation between An Garda Síochána and the Office of the Director of Corporate Enforcement (ODCE) in the investigation of such crime. Immediately after I took up office, I sought and was given assurances that there are sufficient resources available to such investigations. I have made it clear to those involved that if at any stage they believe that additional resources are required that will be responded to immediately.

It was in the light of my concerns that, on taking office, I gave priority to the introduction of the Criminal Justice Bill 2011, currently at an advanced stage before the House. It is my intention that the Bill's provisions will speed up investigations and prosecutions in this area, both future investigations and those currently underway, by improving a number of important procedural matters and strengthening Garda investigative powers.

The Director of Public Prosecutions is, of course, independent in the performance of his duties. It would therefore be inappropriate for me to enquire as to the status of his consideration of investigation files submitted to him for decision. I note however that he has welcomed my decision to introduce the Criminal Justice Bill. In his view, until now it has been a surprising omission in Irish law that potential witnesses cannot be compelled to cooperate with an investigation, even where they themselves are not suspected of or accused of any wrongdoing. In this regard it is his view that the power of an Irish criminal investigator is considerably weaker than that of a tribunal of enquiry and that the new legislation would plug this gap.

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