Mr. Justin Kelly:

Good afternoon. I thank the Cathaoirleach and members of the committee for the invitation to attend today's hearing and for providing time to An Garda Síochána to put forward its views on the Proceeds of Crime (Amendment) Bill 2024. An Garda Síochána is supportive of this legislation and welcomes the proposal to introduce these amendments. If adopted, this will complement An Garda Síochana's efforts to tackle organised and serious crime. It is our view that this Bill will streamline the operation of the Criminal Assets Bureau, CAB, and An Garda Síochána is particularly supportive of the following aspects of the Bill: the reduction in waiting times for disposal orders; and the important protections provided to former CAB officers.

The Criminal Assets Bureau, as a separate statutory agency, has made its own submission to this committee and An Garda Síochána supports its submission in its entirety. Many of the proposed amendments are operational in nature and are therefore best addressed by CAB itself. In support of CAB, An Garda Síochána wishes to raise some matters with the committee as it works to process this valuable legislation.

We support the proposed amendment in head 3, which relates to section 1(a) of the Proceeds of Crime Act 1996. In 2016, section 1(a) became a welcome addition to the tools available to CAB. It allowed bureau officers acting in the course of their duties to seize and detain property that was suspected to be the proceeds of crime for a 24-hour period. It also provided for the chief bureau officer to authorise the continued detention for one period of 21 days in appropriate circumstances. The addition proposed by this Bill will enable CAB to make ex parte applications to the District Court seeking 28-day extensions in the case of detention orders. This provides a valuable and practical power to CAB. However, we share CAB's concern around the practicalities associated with requiring the chief bureau officer to attend the District Court for each application. It would not be feasible to require the bureau's most senior officer, who is a detective chief superintendent, to pursue each of these applications in court in person. There is a provision in respect of An Garda Síochána in other legislation which avoids the requirement for senior officers to perform this function. For example, under section 17 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021, any member of An Garda Síochána can make applications to the District Court. In our experience, it is best practice to have the relevant investigator in court to make such applications. That way, he or she can address any specific questions the court may have.

Separately, An Garda Síochána also welcomes the provision of a stand-alone freezing power to CAB, proposed under head 4 paragraph 1(a) of the Bill. However, in our experience of making applications under similar legislation, 28 days is too short of a timeframe to carry out the necessary inquiries. We support the suggestion that this be increased to 56 days. This would allow for a more efficient use of CAB's time and resourcing, and that of the Judiciary and Courts Service.

In respect of head 10, this is a practical measure that amends section 8(6)(a) of the Criminal Assets Bureau Act 1996. By doing so, it will entitle CAB officers, who are not members of An Garda Síochána, to be present during Garda interviews conducted under section 50 of the Criminal Justice Act 2007. The presence of such persons with specialist skills during the interviews of suspects will be advantageous, particularly in areas that are technical in nature. This will be a positive development from our perspective and it will bring section 50 in line with other detention provisions.

Similarly, head 11 is welcomed as another practical and necessary provision. Co-operation with national and international police services and agencies is a crucial element of modern policing, particularly when combating criminal networks that are transnational in nature. For example, in this context, An Garda Síochána is the designated point of contact for various international organisations such as Europol and Interpol. It is noted that proposed amendments under head 10 would permit the exchange of information between relevant national agencies, including the DPP and law enforcement agencies in other jurisdictions.

To conclude, as we have said in our written submission, the majority of criminal activity is driven by greed and the quest for financial gain. One of the most crucial elements of any strategy to combat organised crime is to deprive criminals of their ill-gotten gains. CAB and legislation such as the Proceeds of Crime Acts provide important mechanisms to protect our communities and keep people safe.

Finally, I would again like to thank the committee for its invitation to speak here today on behalf of An Garda Síochána. I am happy to discuss any questions members may have in relation to this submission and our work in this area.