Dáil Éireann Debate, Tuesday - 24 July 2018
880. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the regularity with which the provisions in the Proceeds of Crime (Amendment) Act 2016 which lowered the threshold value of property which can be pursued and seized by the Criminal Assets Bureau from €13,000 to €5,000 and cash amounts from €6,500 to €1,000 have been used; and the areas to which the proceeds of these moneys are directed. [33754/18]
Amharc ar fhreagraThe Proceeds of Crime (Amendment) Act 2016 was commenced on 12 August 2016. As the Deputy is aware, the Act lowered the threshold value of property that may be seized by the Criminal Assets Bureau (CAB) from €13,000 to €5,000. I am informed by CAB that between the date of commencement of the Act and 18 June last, there were ten cases in which High Court Orders were granted where the total value of the assets was less than the old threshold amount of €13,000. This represents 21% of the 48 cases where Orders were granted during this time.
With regard to the reduction in cash amounts referred to by the Deputy, it might be noted that the statutory provisions involved in this regard were Regulations made under the Criminal Justice Act 1994 as opposed to the Proceeds of Crime (Amendment) Act 2016. The Regulations were made for the purpose of section 38 of the 1994 Act which is concerned with the powers of members of An Garda Síochána and customs and excise officers to seize and detain cash being imported into or exported from the State which is suspected to be proceeds of drug trafficking crime.
In accordance with the provisions of the Proceeds of Crime Act 1996 (as amended), all confiscations relating to the proceeds of crime are transferred to the Minister for Finance to be paid into, or disposed of, for the benefit of the exchequer. As the Deputy may know, CAB submits an Annual Report, through the Garda Commissioner, to the Minister for Justice and Equality each year which provides full details of all assets seized and disposed of by the Bureau. The Bureau's Annual Report for 2017 was published on 5 July 2018.
