Dáil debates

Thursday, 19 July 2012

Government Response to Mahon Tribunal Recommendations: Statements

 

2:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

The Mahon tribunal report exposed the insidious and corrupt behaviour of some in Irish public life, behaviour that has done inestimable damage to our economy, our environment, our international reputation and, perhaps most of all, to the trust of Irish people in officeholders and public officials. The tribunal made a series of recommendations for changes in the law on corruption and its prevention. I am glad to report to the House that I have already taken concrete steps in this regard not only to implement the tribunal's recommendations but to go beyond those recommendations in providing for anti-corruption legislation with innovative preventative and punitive measures. The particular measures I propose are outlined in the general scheme of the criminal justice (corruption) Bill, which I published on 20 June.

The tribunal also made recommendations concerning the application of enhanced customer due diligence measures to domestic politically exposed persons in the context of anti-money laundering controls. I propose to go further than the tribunal recommended and to apply such controls to members and senior managers of local authorities. The necessary changes to the general scheme of the criminal justice (money laundering and terrorist financing) (amendment) Bill will be brought to Government in the autumn.

A number of the recommendations of the tribunal relate to asset confiscation and forfeiture. As indicated in the tribunal report, the current provisions regulating the confiscation of proceeds of crime as set out in the Criminal Justice Act 1994 and the Proceeds of Crime Acts 1996 and 2005 are already relatively robust. While existing measures under proceeds of crime legislation allow for the targeting of benefits derived from corrupt conduct, the tribunal's recommendations seek to further improve the overall effectiveness of the provisions of the Criminal Justice Act. The recommendations of the tribunal on asset confiscation will form part of a broader review that has already been undertaken with regard to both the proceeds of crime legislation and the Criminal Justice Act.

The Mahon tribunal report also made two recommendations on improving the conduct of future tribunals. The recommendations are already reflected in the text of the Tribunals of Inquiry Bill 2005. I have arranged for its restoration to the Dáil Order Paper and the Bill will be dealt with on Report Stage.

The commitments given to progress work on the recommendations of the tribunal and the progress already been made on a significant number of the recommendations reaffirms the Government's commitment to change any perception that corrupt behaviour can ever again, in any shape or form, be tolerated in public office or that a blind eye might again be cast on such behaviour. No such behaviour should be tolerated in any circumstance.

We continue to deal with the legacy of past corrupt behaviour. Our criminal justice system will continue to play its part. While evidence given before the tribunal cannot be used itself as a basis for criminal prosecution, the evidence catalogues the behaviour of those involved and it will assist our law enforcement agencies in pursuing any appropriate matters. I assure the House that where the Garda Síochána has evidence of wrongdoing it will be fully pursued.

Finally, I can confirm to the House that the steps I have outlined, demonstrate my firm commitment, and that of this Government, to ensuring there is a robust, comprehensive and effective legislative framework and architecture underpinning the State's response to corruption in public office.

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