John O'Donoghue
Ceist:7 Mr. O'Donoghue asked the Minister for Justice whether she intends to establish a national drugs enforcement agency; and if she will make a statement on the matter. [12878/96]
Ceisteanna—Questions. Oral Answers. - Drug Abuse.
Ned O'Keeffe
Ceist:38 Mr. E. O'Keeffe asked the Minister for Justice the plans, if any, she has to give appointed Garda officers identical authority to Revenue officers with a view to assisting in the fight against drug dealing and drug-related crime generally; and if she will make a statement on the matter. [12913/96]
John O'Donoghue
Ceist:46 Mr. O'Donoghue asked the Minister for Justice whether she intends to initiate discussions with the Department of Finance and other relevant Departments with a view to establishing a special task force of gardaí, Customs officers, Naval officers, Army officers and other staff of the Revenue Commissioners with a view to combating drug trafficking and the sale and supply of illegal drugs; and if she will make a statement on the matter. [12877/96]
I propose to take Questions Nos. 7, 38 and 46 together.
As the Deputies will be aware, on 19 July 1995 the Government approved a series of measures to improve law enforcement in relation to the drugs problem and related matters. One of the measures required that a joint review be carried out by the Revenue Commissioners and the Garda authorities of certain recommendations of the Law Reform Commission as regards co-operation between the two bodies.
The terms of reference given to the Revenue Commissioners and the Garda — based on the recommendations contained in the 1991 Law Reform Commission's report on the Confiscation of the Proceeds of Crime — were: (i) "That the existing tax laws should be enforced with vigour against drug dealers, handlers of stolen goods, or others obtaining a living from crime. The powers given in various Finance Acts particularly in sections 18 and 19 of the Finance Act, 1983 (which extends Revenue powers to the chargeability of profits or gains arising from unlawful sources or activities) should be employed as extensively as possible", and (ii) "There should be greater mutual transfer of information between Revenue and the Garda to assist the Garda in confiscating the proceeds of crime, and to assist Revenue in recovering arrears of tax from the criminals concerned or to penalise them for non-compliance with the Revenue's lawful requirements.
A report of the review was submitted to Government earlier this month. The Government has decided, following consideration of the report, that further consultations are to take place between the agencies concerned, their parent Departments and the Office of the Attorney General, and that a supplementary report be submitted to Government next month. The Deputies will appreciate that I can make no further comment pending the compilation, and the Government's consideration, of that supplementary report. I am fully aware of the need to ensure that agencies such as An Garda Síochána, the Revenue Commissioners, the Department of Social Welfare and the Customs and Excise Service must work together to target known major criminals.
As regards the issue of a drugs enforcement agency, a special report on drugs law enforcement drawn up by the Department of Justice in 1994 concluded that, given the existence of a national police force and a national customs service in Ireland, the likely effect of introducing a DEA-type agency would be to complicate and fragment the drugs law enforcement response. Furthermore, if a DEA-type agency was established, operating alongside a national police force and customs service, there was a danger that there could be a weakening in the priority given to drugs law enforcement work by the police force in day-to-day policing. The report concluded that the aim of achieving greater co-operation between the existing law enforcement agencies would be best served by maximising the effectiveness of co-operation and coordination between the agencies concerned. My predecessor accepted this conclusion and I also agree with it.
With regard to co-operation between the Garda and the Customs and Excise Service — a part of the office of the Revenue Commissioners — a memorandum of understanding was recently signed by the Chairman of the Revenue Commissioners and the Garda Commissioner. The memorandum was also endorsed by the Minister for Finance and the Minister for Justice. This memorandum, among other things, will help to resolve any difficulties that may have arisen in the past and provides for the establishment — for specific operations — of a joint task force comprising representatives of the Garda, Customs and Excise and the Naval Service, as required.
Is the Minister of State aware of the level of public disillusionment about the tackling of drug dealers by the Revenue Commissioners and that at a recent meeting of the subcommittee of the Select Committee on Legislation and Security an official from the Revenue Commissioners was unable to cite even one prosecution against a suspected drug dealer for tax evasion? Will he acknowledge, as a logical consequence of this, that the time has come for a co-ordinated effort by the Revenue Commissioners, the Garda, the Naval Service and the Customs and Excise Service with a view to tackling drug dealers? Will he accept that there is a considerable level of public cynicism about the fact that people with apparently considerable wealth and no ostensible means of income never appear to be investigated or audited by the Revenue Commissioners, whereas ordinary taxpayers are, and that the time has come for suspected drug dealers to be investigated and prosecuted? The best way of achieving the objectives I have outlined is to establish a national drugs enforcement agency, not in an effort to complicate or fragment the fight against drug dealing but rather to ensure a coherent and united assault on the problem.
The Deputy used phrases such as "public disillusionment" and "public cynicism". I have previously drawn attention to his tendency to exaggerate matters, but I accept that there is public concern about the drug problem. The Government shares this concern and it is not satisfied that sufficient steps have been taken to deal with the problem. This is why last July the Government announced a large number of measures to deal with the drug problem, including the memorandum of understanding between the Garda and the Customs and Excuse Service; the setting up of the joint task force; the introduction of legislative changes — for example, the power to detain people for seven days, search warrants etc.; the establishment of the Garda national drugs unit under the command of Chief Superintendent Kevin Carthy; the reconstitution of the national co-ordinating committee and the establishment of two new sub-committees under the chairmanship of the Minister of State at the Department of Health, Deputy Brian O'Shea; the review of dance-pub licences; the treatment of drugs; the review by the Garda and Revenue Commissioners of the Law Reform Commission recommendations regarding co-operation between the two agencies and the granting of additional powers to Naval Service personnel. The Government is implementing these measures at present.
We have introduced measures to seize the ill-gotten assets of those involved in drug trafficking. The Deputy will be aware of the anti money laundering measures contained in the Criminal Justice Act, 1994. The Minister made a commencement order which brought sections 32 and 57 of that Act into operation on 2 May last. These sections require banks and other financial bodies to carry out identification checks to prevent money laundering and to report to the Garda Síochána in cases where they suspect laundering has taken place in relation to their business. They also supplement other provisions in the 1994 Act, particularly the money laundering offence and the power to confiscate criminal proceeds and to obtain restraint orders to seize and freeze suspected criminal assets. These provisions came into force on 14 November 1994.
I understand that in the past 12 months 300 reports of suspect money transactions have been made to the Garda fraud unit by financial institutions and these are being investigated. There should be no doubt in anyone's mind about the Government's determination to do everything possible to confiscate crime related income. This will be a slow process but the Government is determined that it will be successful in time.
I wish to remind the Minister of State that legislative provisions, in so far as they exist, on money laundering, the freezing of assets etc. are contained in an Act introduced by Deputy Máire Geoghegan-Quinn when she was Minister for Justice.
I put it to the Minister of State that, in the fight against the drugs problem here, with the sole exception of the Minister's Criminal Justice (Drug Trafficking) Bill — a poorly watered down version of Part I of the Fianna Fáil's Misuse of Drugs Bill — the Government has presided over a legislative drought since assuming office.
The Deputy was a Minister of State and his Government had seven years within which to do something before it.
Time does not permit such interruptions, Deputy.
Not only has there been a legislative drought but the establishment of a National Drugs Agency is a pragmatic, logical move; yet, he has not advanced even one cogent argument against its establishment.
How could I forget Fianna Fáil's involvement in the 1994 Act, about which we were reminded on numerous occasions? The fact is that it is this Government that is implementing its provisions. The Deputy correctly asserted, that it is not as if this drugs problem first arose when this Government took office, it had been there and growing. Yet we see how little the previous Administration did about it.
In his reply the Minister dealt at length with the need for co-operation between the various agencies, Garda, Naval and Customs services, with which I agree. In that context, and in view of the fact that evidence was given to the Committee of Public Accounts that Customs officials were not made aware of the major drugs operation at Urlingford until after the event, how does that augur for the supposed, much needed co-operation in the case of such operations? Can he say when the memorandum of understanding was signed, whether before or after Urlingford?
Does the Minister accept that the record of the State to date has been one of very evident failure to deal effectively with the drugs problem, that a new strategy is required? Does he agree that the problem is that each of the agencies to which he referred is very protective of its independence which militates against an effective co-ordinated approach; that what is required is a multi-agency, special unit to target the drugs barons who have remained untouched to date? Does he agree that that is the only effective way in which action can be co-ordinated against the main drugs dealers? Will he respond to the suggested establishment of a special unit comprising the Garda, Revenue Commissioners, officials of the Department of Social Welfare and Customs whose sole task will be to target the drugs barons?
In reply to Deputy O'Donnell, I do not intend to revert to the Urlingford incident, which was raised on numerous occasions in this House and explanations furnished.
I agree with Deputy Gregory, that the record is not good enough. This Government knows that things are not as good as they ought to be, it is not blind to what is happening on the streets or to the problems to which he referred today and on previous occasions. I have always found it useful to listen to his suggestions. If he tables a question on his specific proposal, the Minister or I will be only too pleased to reply.