Joanna Tuffy (Dublin Mid West, Labour)

I move amendment No. 19:

In page 81, after line 46, to insert the following:

"(4) Section 3(1) of the Act of 1994 is amended by the insertion of the following definition -

" 'gift' includes a transfer in consideration of natural love and affection or otherwise than for full commercial value, and includes the transfer by one spouse of property to another spouse, or an arrangement between spouses for the joint ownership of any property;".".

This amendment deals with a significant shortcoming in the Criminal Justice Act 1994 in regard to dealing with proceeds of crime. The Act allows assets to be restrained and confiscated where a person is charged with drug trafficking or other serious offences but this does not apply to assets transferred by a defendant to his or her spouse. I refer Members to the 2009 High Court judgment in the DPP v . B. This is a major loophole which allows the Act to be undermined.

On Committee Stage, the Minister confined his comment to arguing that the issue falls outside the scope of the Bill. I ask the Minister to respond to the point we are raising in our amendment and to indicate whether he plans to deal with the issue in another Bill.

See this speech in context