Dáil Éireann Debate, Tuesday - 24 September 2013
448. Deputy Bernard J. Durkan asked the Minister for Justice and Equality having regard to his experience over the past two years, if it might be advisable to introduce a consolidated Bill to address the most obvious weakness in the law in regard to the fight against crime with particular reference to organised and corporate crime; and if he will make a statement on the matter. [39611/13]
View answerIt is not clear from the Deputy's question what he perceives to be weaknesses in the law in respect of serious crime. I can, however, assure him that operational measures to tackle serious and organised crime are underpinned by a comprehensive framework of criminal law measures. Where there is an identified requirement for additional legislative provisions to further enhance existing provisions in the law, I will not hesitate in bringing forward proposals. I have made it clear to the Garda Commissioner that, if he feels there are other measures which might be taken in this area, then I will look at that very positively.
With this in mind, my Department is currently keeping under review relevant legislation including the Criminal Justice (Amendment) Act 2009 to see whether any further improvements could be made in this area. In addition, under the auspices of my Department a comprehensive review of the Proceeds of Crime legislation is underway with a view to identifying possible improvements which would serve to strengthen the operation of the Criminal Assets Bureau. This review will also examine the recommendations contained in the Mahon Planning Tribunal Report concerning asset recovery and confiscation.
There is also extensive legislation on the statute book addressing white collar and corporate crime and amendments to this legislation are also considered in the light of the experience of law enforcement agencies such as the Garda Síochána and the Office of the Director of Public Prosecutions in operating the legislation and in light of relevant court rulings.
I would draw the Deputy's particular attention to the Criminal Justice Act 2011, as a recent example of such developments in white collar crime legislation, and one which represents an important step in delivering on the Government’s commitment to tackle white collar crime. Its main purpose is to facilitate the more effective investigation of white collar crime and to reduce associated delays. The Act provides for new procedures to facilitate Garda access to essential information and documentation to assist in current and future investigations of white collar crime. The Act is targeted at specified serious and complex offences (“relevant offences”) attracting a penalty of at least 5 years imprisonment, including offences in the areas of banking and finance, company law, money laundering, fraud and corruption. The Act will provide vital assistance to the Gardaí in the completion of current investigations as well as providing assistance to them in investigations undertaken in the future.
While the breadth and diversity of the issues faced in addressing serious, organised and white collar crime are such that no one piece of legislation could effectively address it in all its facets, the overall body of legislation in place is comprehensive and, as I have outlined, is continuously under review and development in light of operational experience and other relevant considerations.
