Oireachtas Joint and Select Committees

Tuesday, 16 April 2024

Joint Oireachtas Committee on Justice, Defence and Equality

Pre-legislative Scrutiny of the Proceeds of Crime (Amendment) Bill 2024: Discussion

Mr. Kevin McMeel:

The answer is "No", we do not. There is advice to be given by the Attorney General on that but our view is that it is constitutionally sound. People would have an opportunity, certainly at the section 3 stage, to air whatever arguments or submissions that they want on the property not being the proceeds of crime. If they are unhappy with the order that is made, they can appeal that to the Court of Appeal and subsequently to the Supreme Court, if they are unhappy with the decision in the Court of Appeal or Supreme Court. There is a provision, for now it will be two years if the Bill is passed in its current form, that they can challenge pursuant to section 3(3) to have that section 3 order discharged or varied within that two-year period. Consequently, one would argue there is ample opportunity to vindicate their own property rights during that period.