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Law Reform Commission Reports

Dáil Éireann Debate, Tuesday - 18 December 2018

Tuesday, 18 December 2018

Ceisteanna (253)

Billy Kelleher

Ceist:

253. Deputy Billy Kelleher asked the Minister for Justice and Equality his views on the recommendation in the recent Law Reform Commission report on regulatory powers and corporate offences that a dedicated prosecution unit for corporate offences should be established within the Office of the Director of Public Prosecutions to work in close liaison with the proposed corporate enforcement authority. [52828/18]

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Freagraí scríofa

The recommendation referred to by the Deputy states that it would be preferable for such a unit to be established within the Office of the Director of Public Prosecutions. As the Deputy is aware, given the independent nature of that Office, any decision around the allocation of resources within that Office is a matter for the Director of Public Prosecutions (DPP) and it would therefore be inappropriate for me to make any comment.

As I have previously indicated, Mr James Hamilton, a former DPP and Anti-Corruption expert, is currently chairing a Review of Ireland’s Anti-Fraud and Anti-Corruption structures. This review is an Action Point contained in the Government’s plan to tackle White Collar Crime, which was launched last November. Members of the Group include representatives from all State bodies involved in the detection, prevention, investigation and prosecution of White Collar Crime, including a representative from the Office of the Director of Public Prosecutions.

The Law Reform Commission report on Regulatory Powers and Corporate Offences and its recommendations will be considered in detail by Mr Hamilton and the review group. The Group is working to a tight timeline and is due to report in June 2019.

However, I can assure the Deputy that this Government is entirely committed to introducing the necessary measures to tackle corporate and white collar crime. This review is only one element of a package of measures launched by this Government last November to tackle corporate and white collar crime.

The Criminal Justice (Corruption Offences) Act 2018 is a major modernisation of anti-corruption law. It includes legislative provision for recommendations arising from the Mahon Tribunal and will substantially advance meeting Ireland’s obligations under a number of international anti-corruption instruments.

The Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 was enacted in November. The core provisions of the Act deal with customer due diligence (verifying a customer's identity and assessing risk). They oblige designated persons to carry out a business-wide risk assessment, as well as an individual assessment in relation to each business relationship.

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