Seán Kenny (Dublin North East, Labour)

I welcome the introduction of legislation to increase prosecutions in respect of white collar crime. This is a very serious type of crime that, as this House knows only too well, has caused the most serious damage to the nation economically, socially and morally.

This Bill is radical in that it provides for the 24-hour period of detention by gardaí for serious offences to be broken up into segments. As I understand it, under the existing criminal law where arrests and detention of suspects is concerned, there is provision for a break from questioning from midnight to 8 a.m. The new Bill allows for temporary release under the 24-hour period that will see the detained suspect released for the purposes of assisting an investigation before being recalled to detention or officially released, as appropriate. This provision is included in order to give investigators the ability to check and reference facts and examine documents, which is an area in which past investigations into while collar crimes have been hindered.

I welcome that provision, as well as new powers given to the Garda that allow it to apply to the District Court to obtain an order to compel individuals or corporate entities to produce documents or make statements related to a specific investigation. Measures in the Bill prevent delays arising from a refusal to disclose a document on the basis of legal privilege by permitting investigators to have recourse, again to the District Court, to determine whether the claim of privilege is justified. This will help such instances ending in a stalemate. These are all positive measures that I welcome.

The Minister has stated that, once enacted, the legislation can be availed of to assist investigations currently under way as well as future investigations. This is very important because there was a belief that some people would escape its provisions. This is to be welcomed, as it means current investigations of public concern can benefit from the new legislation and not be exempt from it.

On the subject of investigations, the Minister should consider the substantial strengthening of the Office of Director of Corporate Enforcement. More staff for this office is required to investigate the crimes and misdemeanours of those involved in white collar crime. He should make no mistake - the electorate expects this and rightfully so. It would be remiss of this Dáil not to take action. The recent general election marked a change in the mindset of the Irish electorate. Fianna Fáil failed to convince the people that what they did was right and in the people's interests. Being disingenuous with a sincere face will not work in Ireland for a long time to come. The Irish people will now turn rapidly against a political force if there is any suspicion that it is not working in the interests of the people and the community. This is why we must take action to investigate white collar crime.

I suggest the Minister considers an aspect of the Companies Acts to add further weight to a good item of legislation. Individuals involved in white collar crime, even if the offence is withholding of information and not more serious, are not individuals that this society wants to see involved in Irish business life. Sections 150 and 160 of the Companies Act 1990 allow for the restriction or disqualification of directors who breach the Companies Acts. Will the Minister consider extending these two sections to this Bill? This would add weight to the legislation. Indeed, section 160 of the Companies Act 1990 reads in such a way that it may already apply:

Where a person is convicted on indictment of any indictable offence in relation to a company, or involving fraud or dishonesty, then during the period of five years from the date of conviction or such other period as the court, on the application of the prosecutor and having regard to all the circumstances of the case, may order.

I ask the Minister to consider this as an amendment.

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