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Crime Levels

Dáil Éireann Debate, Tuesday - 10 July 2012

Tuesday, 10 July 2012

Questions (330, 331)

Robert Dowds

Question:

346 Deputy Robert Dowds asked the Minister for Justice and Equality if he will provide an explanation as to the reason the sum total of the number of convictions for the white collar crime offences of falsification of accounts, offences under the Companies Act, offences under the Investment Intermediaries Act, offences under the Stock Exchange Act, money laundering, embezzlement, fraud against the European Union and corruption involving a public office holder fell by 98% over the period 2003-2010 from 50 convictions in 2003 with 15 cases pending to one conviction in 2010 with two cases pending according to figures provided by the Central Statistics Office; and if he will make a statement on the matter. [33022/12]

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Robert Dowds

Question:

347 Deputy Robert Dowds asked the Minister for Justice and Equality if he will provide an explanation as to the reason the number of convictions for the offence of fraud, deception, false pretence offences as classified by the Central Statistics Office, fell by 66% over the period 2003-2010, from a total of 529 convictions in 2003 with 200 cases pending to 177 convictions in 2010 with 158 cases pending according to figures provided by the CSO; and if he will make a statement on the matter. [33023/12]

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Written answers

I propose to take Questions Nos. 346 and 347 together.

I can assure the Deputy that I attach the highest priority to the full investigation of white collar crime and bringing the perpetrators of such crime to justice. On taking office, I raised a number of cases of white collar crime with the Garda Commissioner and I am being briefed on an ongoing basis on the progress of the investigations. I am assured by the Commissioner that the resources allocated to the Garda Bureau of Fraud Investigation are sufficient to meet the demands placed on it and I will respond as necessary to any further legislative needs raised by An Garda Síochána or any of the other bodies involved in the investigation and prosecution of white collar crime.

I should mention that the primary regulative and investigative agency for the offences under the Companies Acts which includes falsification of accounts (Section 22(3) 1986 Companies Act) is the Office of the Director of Corporate Enforcement and the primary regulative and investigative agency for the Investment Intermediaries Act and the Stock Exchange Act is the Central Bank.

My commitment to tackling white collar crime was further underscored by the swift action I took, within eight weeks of taking up office, to move urgently to draft and seek Government approval to the introduction of additional legislation. This new legislation, the Criminal Justice Act 2011, was enacted on 2 August 2011. The main purpose of this new legislation is to address delays in the prosecution and investigation of complex white collar crime by improving certain important procedural matters and strengthening Garda investigative powers. The Act's provisions are based on the experiences of those involved in investigations and prosecutions of white collar crime. It provides new procedures and powers which will speed up both current and future investigations, including investigations into offences in the areas of banking and finance, company law, money laundering, fraud and corruption.

I am also bringing forward a new Bill to clarify and strengthen the law on corruption and to replace a number of overlapping Corruption Acts stretching back to Victorian times.

In so far as the statistics cited by the Deputy are concerned, these relate to the outcome of the criminal prosecution process and the Deputy will appreciate that my role does not extend to the bringing of prosecutions, or indeed to the determination of guilt, which is a matter for the courts.

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