Dáil Éireann Debate, Tuesday - 23 April 2024
17. Deputy Robert Troy asked the Minister for Justice if she will implement the recommendation of the Hamilton report to introduce a standard of recklessness into fraud offences; and if she will make a statement on the matter. [17792/24]
View answerCorruption and economic crime can have a hugely negative impact on our society and have the potential to harm Ireland’s reputation as a global hub for financial services and business.
They can also be enormously distressing for the unfortunate victims of these crimes and we must ensure that we have the tools, policies and strategies to tackle and vigorously pursue criminals in this area.
The Review of Structures and Strategies to Prevent, Investigate and Penalise Economic Crime and Corruption, often referred to as ‘the Hamilton Report’, was published in December 2020.
It contained a number of recommendations focusing primarily on legislative, structural, and resourcing measures to enhance the capacity of relevant agencies and multi-agency enforcement and the prevention of corruption and white-collar crime offences.
To date, we have made significant progress with initiatives to combat corruption and economic crime, with a number of the Report's recommendations having been implemented. In particular, we have established on a permanent basis a cross-sectoral partnership-based Advisory Council for Economic Crime and Corruption.
The role of the Council is to co-ordinate and lead the delivery of the whole-of-Government approach to economic crime and corruption. It advises and makes proposals on strategic and policy responses and is responsible for developing a multi-annual strategy to combat economic crime and corruption.
Recommendation 23 of the Report was to implement the recommendation of the Law Reform Commission to amend the relevant provisions of the Criminal Justice (Theft and Fraud Offences) Act 2001 to enhance the prosecution of fraud offences in this jurisdiction.
In April 2021 Minister McEntee published a cross-government plan on implementing the Hamilton Report. The plan set out 22 actions to be completed to progress the Report’s recommendations. Action 21 of that plan set out the necessary steps to implement recommendation 23.
I can inform the Deputy that officials in the Department are giving consideration to how best any proposed legislation would support prosecutions in this area. Minister McEntee hopes to be in a position to bring forward proposals on this shortly.
