Oireachtas Joint and Select Committees

Thursday, 21 March 2013

Public Accounts Committee

2011 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 13 - Office of the Chief State Solicitor
Vote 19 - Justice and Equality
Chapter 15: Lease of Accommodation for a Probation Service Project

1:10 pm

Mr. Brian Purcell:

In a nutshell, under the scheme that has operated since the Criminal Assets Bureau was established, there is a slight problem in the sense that barristers, solicitors, etc., cannot be paid from what are regarded as the proceeds of crime. The Deputy will see the difficulty that arises where the CAB is going after the proceeds of crime and the legal representatives may not be paid from the proceeds of crime. This is one of the reasons the legal aid scheme covers cases going before the CAB. In addition, if one looks back at the CAB and proceeds of crime legislation, which is highly innovative and based on the reversal of the burden of proof, etc., we must also be careful that nothing is done to impinge on the rights of people whose assets are being confiscated in those circumstances. As I stated, this is complicated by the particular fact that legal representatives cannot accept-----

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