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White Collar Crime

Dáil Éireann Debate, Thursday - 8 November 2018

Thursday, 8 November 2018

Questions (93, 94, 95)

Thomas P. Broughan

Question:

93. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on the recent Law Reform Commission report, Regulatory Powers and Corporate Offenders; his plans for same; the timeframe to introduce necessary legislation and to implement the key recommendations of this report; and if he will make a statement on the matter. [46252/18]

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Thomas P. Broughan

Question:

94. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to introduce a corporate crime agency; his further plans to resource the Office of the Director of Public Prosecutions in order to pursue corporate crime and fraud and to work closely with the proposed new agency; and if he will make a statement on the matter. [46253/18]

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Thomas P. Broughan

Question:

95. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his views on a deferred prosecution agreement legal regime for corporate crime and business fraud; and if he will make a statement on the matter. [46254/18]

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Written answers

I propose to take Questions Nos. 93 to 95, inclusive, together.

As the Deputy will be aware, this report which was published on 25 October 2018 is a very substantial piece of work with over 100 recommendations. The report and recommendations will require detailed consideration by the relevant Departments including the Departments of Justice and Equality; Business, Enterprise and Innovation and Finance as well as such bodies as the Office of the Director of Corporate Enforcement, Office of the Director of Public Prosecutions (DPP), An Garda Síochána and the Central Bank.

I note the Report recommends the establishment of a multi-disciplinary Corporate Crime Unit to investigate and prosecute serious corporate criminal offences as well as proposals to introduce deferred prosecution agreements.

I established an expert group in September to review anti-corruption and anti-fraud structures in criminal justice enforcement. Former DPP and expert in this area of law, Mr James Hamilton, is chairing the Group which includes officials from the Departments and Offices I have mentioned above as well as representatives from the Revenue Commissioners. The membership also includes the Competition and Consumer Protection Commissioner and Dr. Elaine Byrne. This review is one of a number of measures contained in the Government’s plan to tackle White Collar Crime and will take account of the LRC's recommendations relating to the establishment of a multi-disciplinary Corporate Crime Unit and the introduction of deferred prosecution agreements.

This Group had its second meeting on 1 November 2018 and I understand it is working to a tight timeline and expects to deliver its findings next summer.

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