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Dáil Éireann díospóireacht -
Wednesday, 2 Feb 2000

Vol. 513 No. 4

Written Answers. - Garda Operations.

Bernard J. Durkan

Ceist:

78 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the degree to which organised crime is being tackled; if he has satisfied himself at the success to date in this regard; and if he will make a statement on the matter. [2546/00]

This Government views the tackling of organised crime and, in particular, drug trafficking as a high priority. Our approach is one of strong legislation backed up by tough law enforcement.

A series of legislative and other measures have been introduced, for example: The Criminal Justice Act, 1999, and the witness security programme. These measures build on the existing legislative framework dealing with organised crime.

New strategies have been adopted by the Garda Síochána to combat organised crime. For example the continued success of the Criminal Assets Bureau which has the primary responsibility for targeting the illegal assets of persons engaged in criminal activity is proving very successful in the fight against organised crime. The bureau is regarded as a model operation, both nationally and internationally.
Since its statutory inception in October 1996 and up to 31 December 1998, the bureau has obtained 25 interim orders under section 2 of the Proceeds of Crime Act, 1996 on property to a value in excess of £6.1 million; 20 interlocutory orders under section 3 of the Proceeds of Crime Act, 1996 on property to a value in excess of £4.5 million; the bureau demanded in excess of £19 million in the payment of tax and interest, from persons suspected of involvement in criminal activity; and social welfare determinations and savings amounted to in excess of £900,000.
The Garda Bureau of Fraud Investigation continues to be highly effective in the investigation of serious cases of commercial fraud, money laundering offences, and counterfeiting of currency. The money laundering investigation unit of the Garda Bureau of Fraud Investigation is actively involved in the recording, evaluation, analysis and investigation of disclosures relating to suspicious financial transactions received from bodies designated under national legislation.
I am informed by the Garda authorities that from January 1998 to September 1999, over 2,200 suspicious transaction reports, with a total value in excess of £200 million, were submitted to the money laundering investigation unit by the designated bodies.
Representatives from both my Department and the Garda Bureau of Fraud Investigation participate in the money laundering steering committee which oversees the implementation of the money laundering provisions of the Criminal Justice Act, 1994.
The Financial Action Task Force, FATF, the major international anti-money laundering organisation, adopted its second mutual evaluation report on Ireland's anti-money laundering provisions in February 1999. The FATF concluded that Ireland has put in place a comprehensive and very solid legislative scheme for combating money laundering, and in relation to certain measures, such as the Proceeds of Crime Act 1996 and the Criminal Assets Bureau, has implemented an innovative legislative and administrative scheme which could provide a model for other countries.
The Garda national drugs unit's primary focus is aimed towards the national and international aspects of drug trafficking and has had considerable success to date. During the period from January 1998 to September 1999 drug seizures amounting to a notional street value in excess of £100 million were made. In the period January 1998 to September 1999 Garda operations, namely Dúchas, Cleanstreet and Mainstreet, aimed at combating drug dealing at local level yielded seizures of illicit drugs with a notional street value in excess of £12 million and resulted in over 15,700 arrests.
I assure the Deputy that the Garda authorities will continue to have my full support in their ongoing work in tackling illicit drugs.
One of the problems facing all law enforcement agencies in their fight against organised crime is that these criminal organisations are now operating at international level and they are flexible enough in their operations to take advantage of any new opportunities that arise. That some of these criminal groups have the capability to operate at an international level poses new difficulties for law enforcement agencies. Accordingly, the response to organised crime must be an international response.
In the context, Ireland participates fully in the fight against organised crime at both EU level and beyond.
Following an initiative at the Dublin European Council an EU action plan to combat organised crime was prepared. The plan contained 30 recommendations and was adopted by the Amsterdam Council in June 1997.
A multidisciplinary working group on organised crime was set up to oversee the implementation of the EU action plan. Officials from my Department, An Garda Síochána and Customs are fully involved in the work of the multidisciplinary group and are taking whatever steps are needed to improve international co-operation to deal with organised crime.
The 1997 action plan is currently being evaluated and a report was submitted to the Helsinki European Council on the finalisation and evaluation of the action plan on organised crime. The Finnish Presidency produced a strategy paper on the prevention and control of organised crime into the new millennium which it is expected will be adopted during the Portuguese Presidency.
This strategy paper builds upon the 1997-EU action plan to combat organised crime. It provides the framework for an integrated and multidisciplinary European strategy to prevent and control organised crime. The detailed recommendations which have been given the highest priority include those on money laundering; mutual evaluation process; fraud affecting the financial interests of the community; reversal of the onus of the burden of proof; asset sharing; and strengthening technical assistance and expertise to applicant countries.
The proposed UN Convention against Transnational Organised Crime is currently under discussion by an ad-hoc committee. Officials from my Department attend the meetings of this committee. The purpose of this convention is to promote co-operation, to prevent and combat transnational organised crime more effectively. It is hoped that the draft convention will be finalised in autumn 2000.
International agencies such as Europol and Interpol have an important role to play in dealing with organised criminal organisations and the gardaí are in regular contact with these agencies through the Garda liaison officers posted to Europol and Interpol headquarters.
Finally, I would like to assure the Deputy that dealing with the twin evils of drugs and organised crime will remain very high on my list of priorities as Minister for Justice, Equality and Law Reform.

Jack Wall

Ceist:

79 Mr. Wall asked the Minister for Justice, Equality and Law Reform the nature of the system of Garda clearance for prospective employees; the manner in which criminal data is recorded; the offences which are included; the number of personnel assigned to this work; his views on the adequacy of the system; and if he will make a statement on the matter. [2670/00]

Róisín Shortall

Ceist:

87 Ms Shortall asked the Minister for Justice, Equality and Law Reform if the gardaí have resumed providing clearance for persons seeking employment in the child care area; and if he will make a statement on the matter. [2659/00]

I propose to take Questions Nos. 79 and 87 together.

Garda clearances are provided in respect of applicants for certain public service appointments, to health boards in respect of full-time prospective employees in the health care area who would have substantial access to children or vulnerable persons and, on a pilot basis, for persons on a FÁS community employment project which involves regular unsupervised contact with children or other vulnerable persons. These clearance schemes are operating effectively.

The Deputies will be aware from previous replies in this area that in 1999 the Garda Commissioner commenced a comprehensive review of Garda clearance arrangements. He established an internal working group to recommend improved clearance arrangements which would allow the Garda Síochána to respond effectively to the increasing number of requests to expand the system. Arising from the recommendations of the working group, the Garda Commissioner has approved the establishment of an implementation group which will report on the practical and resource implications of establishing a new centralised unit to deal with these matters.

I do not consider it would be appropriate to disclose precise details in relation to the manner, in which data is recorded for use for clearance purposes. Equally, it is not practicable to give details of the numbers of personnel assigned to this work as, of its nature, most members of the force would, from time to time, be involved in inputting data which could be used in this context.

As regards the question of the gardaí having resumed providing clearance for persons seeking employment in the childcare area I can say that in the context of the areas described above, i.e. for health boards and the pilot FÁS project, the procedures have been in place since 1994 and mid-1999 respectively.
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