Dáil debates

Wednesday, 18 May 2011

Criminal Justice Bill 2011: Second Stage

 

5:00 pm

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)

I am grateful for the opportunity to contribute to this Bill and to stand opposite the new Minister for Justice and Equality. I have changed capacity since I last stood before him. I wish him well in his job. We saw him ably representing us with the queen this week and carrying out his functions as Minister for Justice and Equality.

I welcome the publication of this Bill and many of the elements in it are badly needed. We must take every opportunity to equip An Garda Síochána with the necessary tools to do its job as effectively as possible in the shortest possible time. The Anglo Irish Bank investigation is hugely frustrating as people consider the length of time it has taken. It is a matter of public concern. When my party was on the other side of the House, we expressed views and the then Opposition expressed its views. We all have a common purpose.

Most criminal justice legislation passes with little division. Much of it has the broad support of most Members, as is right and proper. Much debate about An Garda Síochána concerns financial resources and personnel and this has detracted from the focus on the legislation available to the Garda Síochána. The last Dáil passed much legislation that improved the powers on gangland investigation, prosecution and criminal activities. The focus now is on white collar crime, which has been under the radar for many years. The people involved in these activities dealt in complex operations, which are now costing the State much money and costing all of us dearly.

We must keep in mind the other prosecution agencies, such as the Office of the Director of Corporate Enforcement. I take on board the previous comments of my colleague, Deputy Dara Calleary, and the recent comments of the judge. We must question whether such agencies are well resourced to do their job. When I was a member of the Committee of Public Accounts, the Garda Commissioner appeared before us and he was always asked if he had enough resources to do his job. He always said he had enough resources and manpower. I would like to hear if the Director of Corporate Enforcement has enough resources to do his job. A public statement from him would be welcome and it would inform us why he is taking so long. We should not place too much emphasis on trying to rush him. The result is what is important. Some of the provisions in the Bill are demanding in terms of the requirements to make a statement. This provision is quite necessary. We have seen a reluctance to make statements over the years and it has frustrated the investigation process. I refer to the provisions concerning legal privilege, documentary evidence and questioning people between midnight and 8 a.m. These measures are warranted and necessary.

We must have a degree of balance in terms of the protection of people's reputation. We have issues from time to time where we must strive to protect people's reputation. If people are questioned and associated with an investigation and that information is put into the public domain, it can be greatly damaging to people's reputation if they are obviously innocent and proven to be so. We must ensure there are safeguards from that point of view.

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