Dáil Éireann Debate, Thursday - 19 December 2013
252. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will advise as to the average time it takes for Criminal Assets Bureau, CAB, to seize assets on foot of a court ruling; the total number of cases before CAB at present, the appeals defendants have made and the process involved; and if he will make a statement on the matter. [54873/13]
View answer253. Deputy Terence Flanagan asked the Minister for Justice and Equality the number of cases and the value of assets seized by the Criminal Assets Bureau during the past five years; and if he will make a statement on the matter. [54874/13]
View answerI propose to take Questions Nos. 252 and 253 together.
I can inform the Deputy that section 2 of the Proceeds of Crime Act 1996 provides for the short term freezing of assets up to a period of 21 days. This period may be extended in circumstances where the Criminal Assets Bureau brings subsequent proceedings within the 21 days under section 3 of the Act. Assets the subject of section 3 proceedings remain frozen until such time as the proceedings are determined.
In circumstances where the court determines that the assets represent directly or indirectly the proceeds of crime the assets remain frozen for a minimum statutory period of seven years (unless the respondent consents otherwise). After this period the Bureau may make an application to transfer the assets to the Minister for Public Expenditure and Reform pursuant to section 4 of the Act. Of course, Officers of the Bureau continue to exercise their powers and functions as members of An Garda Síochána and the Revenue Commissioners and as such assets may be seized through powers other than those available under the Proceeds of Crime legislation. I am therefore advised that not all assets subject to investigations by the Bureau are seized but may simply be frozen whereby no dealing may be made with the assets without the leave of the Court. This would apply to such assets as bank accounts and interests in land or property. Where an asset is capable of being seized (for example moveable assets), the Bureau moves to take possession of the asset as soon as practicable. This also applies to assets over which a receiver is appointed by the High Court pursuant to section 7 of the Proceeds of Crime Act.
With regard to current Bureau cases, I can say that the Bureau has a wide range of cases currently before the courts. These include not only cases brought before the High Court under the Proceeds of Crime legislation but also cases under bankruptcy, judicial review, cases arising from appeals for decisions of the Tax Appeal Commissioners, summary proceedings before the High Court for the collection of taxes and also appeals arising under the Social Welfare Consolidation Act. At present, there are 24 cases before the courts but this number is subject to change on a daily basis as new cases are brought by or against the Bureau and others are disposed of.
As outlined, and as the Deputy will appreciate, the Bureau utilises a range of available pieces of legislation to carry out its work. It would not therefore be feasible, nor would it be appropriate, for me to outline all relevant processes applying in all circumstances where a court decision has been taken on foot of Bureau actions. I would draw the Deputy's attention to the Annual Reports of the Bureau which provide details of the activities of the Bureau during the particular year, including detailed statistics concerning actions taken in accordance with the provisions of the Proceeds of Crime, Revenue and Social Welfare legislation.
