Dara Murphy (Cork North Central, Fine Gael)

I thank the Ceann Comhairle for the opportunity to speak on this important Bill. Anyone who canvassed in the recent general election will testify that there is no doubt the Irish people are frustrated with how white collar crime is dealt with in Ireland. In many cases, this perception is justified. The publication of this Bill, after such a short period in government, is a testament to the commitment of this partnership Government to effecting real change for our country. I compliment the Minister on bringing it forward so quickly.

It is a travesty that the last Government did not enact even some sections of this legislation sooner. The stance of Fianna Fáil, none of whose Members is in the Chamber, is cynical, hypocritical and self-serving. These were terms I used two weeks ago when I spoke on the Fianna Fáil Bill on political donations. The Fianna Fáil strategy is either to plagiarise the current programme for Government or to claim it was pending legislation from the last coalition or the last 14 years in government. Once again, Fianna Fáil is claiming this ideology as its own.

Many areas were neglected by the past Government. Sadly, it was its lack of accountability, the absence of oversight and a poor understanding of the banking and financial industries that caused much of Ireland's most recent pain. These were combined with sins of omission and ignorance and sins regarding compliance. The relationship between senior members of the last Fianna Fáil Government and senior financial and business personnel has long been a concern in Ireland. The excuse is often given that questions on issues arising or suggested impropriety in the financial sector were matters for the Garda Síochána and, by extension, the DPP and the Judiciary. For too long, politicians have abdicated responsibility due to the separation of powers. There is a dual responsibility and the obligation of this House and its elected Members is to legislate. We must provide our legal authorities, the Garda Síochána, prosecutors and the Judiciary with the tools to investigate, prosecute and convict. The best friend of anyone seeking to avoid justice is the absence of good legislation. This Bill will send a clear message that the 31st Dáil is no friend to white collar crime and white collar criminals.

The Government wants to reform and address certain areas quickly. Mr. Justice Peter Kelly's frustration at the pace of investigation are concerns we all share. The programme for Government commits that rogue bankers and all those who misappropriate funds are pursued and the full power of the law is applied to them. The purpose of this Bill is to amend the criminal law and to improve certain procedural matters. It will increase the investigative powers of the Garda Síochána and reduce the delays associated with the investigation and prosecution of complex crime, particularly white collar crime. The proposals in this Bill are based on the experiences of those involved in prosecutions and investigations. In particular, they are based on the experiences of those involved in current investigations. The importance of the Bill rests in ensuring the new powers and procedures herein provided will speed up future and, most crucially, current investigations.

A broad range of offences will be specified by ministerial order. However, the Minister must consult with another Minister before making such an order. These provisions will allow the Garda Síochána to follow-up information obtained during questioning and conduct further investigations during the period of suspension. The period of detention can be broken up but the person may have it suspended on no more than two occasions.

Recent history has shown us that investigations can be hampered and damaged by the reluctance of some potential witnesses to make statements or provide information to investigators or the Garda Síochána. The Bill provides a welcome mechanism whereby an application can be imposed on individuals, companies and all witnesses to provide information, answer questions and make statements in respect of investigations into relevant offences. I commend the Bill to the House.

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