Vol. 456 No. 3
10 Mr. O'Leary asked the Minister for Justice the total monetary value of assets belonging to persons convicted on indictment of possession of drugs for the purpose of sale or supply contrary to section 15 of the Misuse of Drugs Acts, 1977 to 1984, which were seized by the State in the first six months of 1995 under the provisions of the Criminal Justice Act, 1994. [13772/95]
39 Dr. McDaid asked the Minister for Justice the number of applications which were made to the courts in the first six months of 1995, to seize the assets of persons convicted of the offence of possession of drugs for purposes of sale or supply contrary to section 15 of the Misuse of Drugs Acts, 1977 to 1984. [13771/95]
I propose to take Questions Nos. 10 and 39 together. The Criminal Justice Act, 1994 provides that applications for confiscation orders against persons convicted on indictment of drug trafficking offences and non-drug trafficking offences may be made by the Director of Public Prosecutions. The Act also provides that applications for restraint orders freezing assets which may be liable to realisation if a confiscation order is imposed may be made by the DPP. In this regard, I understand from the DPP's office that the DPP made applications to court for restraint orders in two cases as I informed the Dáil on 11 May in answer to a parliamentary question. However, I understand the DPP subsequently withdrew one order because he did not intend to proceed with the prosecution. The second case is still being processed.
An application for a confiscation order has not been made under the provisions of the Act. As the Deputy will be aware, the DPP is independent in the exercise of his functions and I am not in a position to make any further detailed comment about these cases. However, this legislation is an essential tool in bringing major criminals to justice and I am anxious that it be used to its full potential. This issue of a prosecution ultimately rests with the Garda and the DPP, based on the evidence gathered.
I realise the Minister cannot go into detail but is she satisfied this provision of the Criminal Justice Act, 1994 is being implemented to the degree one would wish? I am sure she agrees it is surprising only two applications were made despite a considerable number of convictions for the supply of drugs.
As the Deputy will be aware the commencement order for the relevant sections of the Act were only signed in March and May this year so it is still somewhat early to measure the effectiveness of the provisions — we need a longer period. I know the Garda are vigorously pursuing the so-called "drug barons". As prosecutions are instituted and convictions obtained, we will see this legislation being used more. It is still too early to assess the use and full potential of the Act but I will watch closely to ensure all its terms are effective.
