Richard Bruton (Dublin North Central, Fine Gael)

The Anglo Irish Bank investigations cover several issues comprising the short-term back-to-back deposits of approximately €7.4 billion executed by Anglo Irish Bank and Irish Life & Permanent at the end of September 2008; the provision by Anglo Irish Bank of funds to certain persons for the purchase of its shares in July 2008; the bank's loans connected to certain former bank directors which were not adequately disclosed in the bank's financial statements for many years; and an Anglo Irish Bank loan provided to one of its directors in September 2008.

All sides of the House have supported the investigations by the Garda Síochána and the Office of the Director of Corporate Enforcement, ODCE. Significant progress has been made. In its recent report to the High Court, the ODCE indicated three investigation files and several further reports were submitted to the Director of Public Prosecutions in late 2010 and early this year. The Garda Síochána and the ODCE are working to complete the remaining aspects of their investigations. They hope to do so by the end of the year. The Government is anxious that these investigations be completed as quickly as possible. The Minister for Justice and Equality and I have taken a keen interest to get an update. We have ensured all necessary resources are made available to ensure these investigations are brought to a conclusion. Any investigation, however, must also be thorough and meet the tests of evidence.

Both investigations have received additional assistance in the form of extra staffing support. In the ODCE investigation, some 16 staff, including the gardaí seconded to the office, have been more or less exclusively engaged for the past two years on these investigations. Six of these 16 staff are new to the office having been provided by my Department or the Garda Commissioner since 2009 at the request of the director. My Department does not have any further request for additional staff on hands at this time from the director.

The ODCE's investigation of Anglo Irish Bank has also been assisted by new legislative provisions, supported by all sides of the House, when it enacted the Companies (Amendment) Act 2009. The ODCE has used the seizure powers in that Act, and it is the use of these provisions which has given rise to the recent High Court review. I am aware of Mr. Justice Kelly's comments but Deputy Michael McGrath will appreciate that it would be inappropriate for me to comment on court proceedings which are in progress.

The task of conducting these investigations is difficult and complex and the processing of the millions of electronic documents seized by the ODCE in September 2009 is complicated and time-consuming. In the area of white-collar crime, generally, the Government has moved urgently to provide new procedures and powers which will speed up current and future investigations, including investigations into offences in the areas of banking and finance, company law, money laundering, fraud and corruption. The Minister for Justice and Equality will publish a criminal law Bill on Friday containing these changes. I hope all parties will co-operate in its early enactment.

The Garda Commissioner has assured the Minister for Justice and Equality that the resources allocated to the Garda Bureau of Fraud Investigation are sufficient to meet the demands placed on it in the investigation of white-collar crime. While the internal allocation of Garda personnel is a matter for the Commissioner, he has informed the Minister that 11 appointments, including ten new staff, have been made available to the bureau in recent weeks.

The ODCE and the Competition Authority were significant contributors to the recent consultation process undertaken by the Department of Justice and Equality in the white-collar crime area having regard to their experience of work in the area. These submissions are reflected in the Department's recently published overview of the submissions it received.

I fully understand public frustrations at the delay in seeing an outcome to this investigation. However, the time taken to conclude these investigations is not unique. It is regrettable that complex investigations in large companies take time in many jurisdictions with a similar legal system to ours. By way of illustration, I note the UK's Serious Fraud Office last week issued a press statement relating to charging three persons with offences of false accounting in a UK public company which is now in liquidation. This investigation was accepted by the Serious Fraud Office in January 2007 and has been conducted since then in conjunction with the City of London Police. Similarly in March 2011, the Serious Fraud Office reported that it had mounted extensive search and arrest operations in London and Reykjavik in co-operation with other authorities relating to the circumstances surrounding a banking collapse in October 2008.

I am assured by the Director of Corporate Enforcement that his office is acutely aware of the public desire that the Anglo Irish Bank investigations be concluded as speedily as possible. However, the ODCE is equally conscious of the absolute need, in the public interest, to avoid any short cuts that could damage the prospects of a successful prosecution in the event that the Director of Public Prosecutions decides to press charges in any case. The ODCE is endeavouring to conclude its investigations as quickly as possible without compromising the prevailing legal standards for the acquisition of criminal evidence. It will continue to work closely with the Garda Síochána on their respective investigations into Anglo Irish Bank.

The Garda Commissioner and the Director of Corporate Enforcement are independent in the discharge of their criminal investigative functions. This must be respected by everyone. As an independent officeholder, the Director of Public Prosecutions will, likewise, make decisions in the Anglo Irish Bank case when he is in a position to do so. It is important that all public representatives, in this House and outside of it, refrain from making comments which could potentially prejudice taking criminal proceedings in due course.

These investigations have made substantial progress. My Department remains available to offer any suitable assistance to the ODCE in concluding these investigations. I am aware that the Government does not have a role in prosecuting offences. However, we will take all appropriate action open to us to ensure these investigations are brought to a conclusion as quickly as possible.

I will bring the matter of Mr. Drumm's E-2 visa to the attention of the Tánaiste and Minister for Foreign Affairs so he can examine the Deputy's suggestion regarding it.

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