I welcome the Minister for Justice, Equality and Law Reform, Deputy McDowell, back to the House. Before we commence I remind Senators that a Senator may speak only once on a Report Stage amendment, except the proposer of the amendment who may reply to the discussion thereon. In addition, on Report Stage each amendment must be seconded.
Proceeds of Crime (Amendment) Bill 1999: Report and Final Stages.
I move amendment No. 1:
In page 10, between lines 2 and 3, to insert the following:
"and
(c) by the addition of a paragraph (e) as follows—
'(e) under the Companies Acts 1963 to 2003 for the carrying on of any function exercisable by the Director of Corporate Enforcement, ’.”.
This amendment was tabled on Committee Stage but not moved when the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Brian Lenihan, indicated that the Department would consider the matter. The reason for it is that while the Criminal Assets Bureau may pursue companies, it does not have the powers of the Director of Corporate Enforcement to pursue them fully. It would, for example, assist the Criminal Assets Bureau in pursuing companies which have dealt with the proceeds of crime if it could exercise powers under the Companies Act. Conflict could potentially arise if the Criminal Assets Bureau were to enter into negotiations with a company at a time when the Director of Corporate Enforcement still wished to pursue the company on the matter. Giving the Criminal Assets Bureau the powers of the Director of Corporate Enforcement would resolve the issue.
I second the amendment.
I am grateful to Senator Tuffy for clarifying the amendment. The amendment seeks to insert into section 5 of the Criminal Assets Bureau Act 1996, which related to the function of the bureau, a new subsection which would allow the bureau to take all necessary actions to carry out the functions exercisable by the Director of Corporate Enforcement under the Companies Act.
The remit of the Office of the Director of Corporate Enforcement is to encourage compliance with company law and bring to account those who disregard that law by investigating and enforcing suspected breaches. It differs considerably from the remit of the Criminal Assets Bureau, which is to pursue the proceeds of all crime by identifying assets which derive from criminal conduct and freezing and confiscating those assets. Each body has distinct and separate roles with differing objectives.
Following the Committee Stage debate, my officials consulted the Office of the Director of Corporate Enforcement and the Criminal Assets Bureau on the proposed amendment. Each body expressed concerns lest the amendment might in some way lead to confusion in their respective operational roles. Neither organisation indicated that the change would be desirable. Accordingly, while I am grateful to the Senator for raising the issue, it should not be an objective of the Criminal Assets Bureau to enforce company law, nor is it necessary.
There are obvious requirements with regard to freezing assets deriving from criminal activity. These apply to the Revenue in dealing with proceeds of criminal activity which are subject to tax and the Department of Social and Family Affairs in dealing with social welfare entitlements of persons engaged in criminal activity and fraud. Staff conducting investigations may be inhibited by threats or other forms of intimidation. The Director of Corporate Enforcement does not require the Criminal Assets Bureau as an ally in his jurisdiction. It could create significant confusion in the minds of members of the public and the officers of both institutions if we were to blur the distinction between their respective roles, which are substantially different.
Amendment, by leave, withdrawn.
Bill reported without amendment and received for final consideration.
Question proposed: "That the Bill do now pass."
This Bill is complex and technical and will considerably bolster the powers of the Criminal Assets Bureau in the continuing battle to go after the proceeds of all types of crime, including white collar crime and corruption. It represents a significant delivery on the programme for Government's commitments in this regard. The amendment to the Criminal Justice Act 1994 and the Prevention of Corruption (Amendment) Act 2001 will be of great benefit to the Garda Síochána and customs officials in pursuing all of those who seek to profit from crime.
I thank Senators for their positive contributions, constructive engagement and careful scrutiny of the Bill, as is always the case. I wish I had been present in the House for more of the debate. Unfortunately, affairs of State took me elsewhere. I commend to the Bill to the House.
I thank the Minister and his officials for their assistance in helping us to understand all the aspects of the Bill which enhances the Proceeds of Crime Act 1996 and the Criminal Assets Bureau Act 1996. This legislation will enable those working at the coalface to tackle individuals living on means not legitimate to their way of life. Such people are involved in murky business for the trappings of wealth with which it provides them. Anything that can be done by this House, by way of legislation, to provide those working against such criminals with the powers necessary to deal with them is to be welcomed. The Garda Síochana and Customs and Excise officers are to be congratulated on their efforts to date since the enactment of the 1996 legislation which provided them extra investigative powers. Anything that ensures these individuals are second-guessing themselves in terms of what they stand to lose by virtue of the powers now given to these officers is good. The introduction of these new powers may set such people on a different track. The Bill does much to assist those dealing with crime.
: I, too, thank the Minister and his officials for their assistance and for explaining to us every aspect of the legislation. Any measure to ensure criminals suffer where it hurts, in their pockets, is to be welcomed. The measures now being introduced will assist CAB, the Garda Síochana and customs officers in their fight against crime.
I hope the enactment of this legislation will result in investment in communities affected by crime, an issue on which I have strong views. While some work is being done in that area, more could be done. It is hoped some of the money confiscated by CAB will be ring-fenced towards helping communities ravaged by crime.
I thank the Minister and his officials for their work on this Bill. Like SenatorCummins, the Labour Party also proposes that money obtained under this legislation be reinvested in disadvantaged communities, in the prevention of crime or, as reparation to communities affected by crime. I understand the Minister is constrained in that regard in that this is not something for which the Minister for Finance will provide. However, it is hoped the Minister will continue to pursue the Minister for Finance on this issue in terms of the principle behind it.
Question put and agreed to.