Dáil debates

Tuesday, 31 May 2011

Criminal Justice Bill 2011: Second Stage (Resumed)

 

5:00 pm

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)

Táim fíor buíoch as ucht an seans chun labhairt ar an ábhar an-tábhachtach seo. The publication of the Criminal Justice Bill 2011, after about two months in office, epitomises the attitude of the new Government towards those who participate and assist white collar crime in this State. One of the major commitments in the programme for Government is to tackle white collar crime and by publishing the Criminal Justice Bill 2011 the Minister is leading the way in this battle. He deserves great credit for the swiftness with which he has acted on this matter. Garda investigative powers will be strengthened by this legislation and this will assist in delivering swifter justice in the area of white collar crime.

This legislation will clarify two issues relating to the investigation of crime generally, regarding the right of suspects in Garda custody to access legal advice prior to questioning, and the circumstances in which questioning may be conducted between the hours of midnight and 8 a.m. I welcome the inclusion in the Bill of provisions to suspend periods of detention of a person being detained in respect of a relevant offence. This is a very practical provision and will remove some impairment from the job of investigators.

Section 15 is one of the most important sections of the Bill. It provides a mechanism whereby an obligation can be imposed on witnesses, including companies, to provide information, answer questions and make statements in investigations into relevant offences. A District Court judge would be empowered to order the making available of particular documents or theprovision of particular information, order the identification and categorisation of documents, require Garda access to places where the documents are held and require access to passwords be provided. This is a crucial provision.

Section 16 contains another practical provision aimed at reducing delays associated with claims of legal privilege on documents. New offences of concealing facts disclosed by documents and of withholding information also give the Bill real teeth. During the course of the recent general election campaign, one issue that came up at many doors throughout the Kerry South constituency, and I understand from my colleagues throughout the 43 constituencies, was that of rogue bankers and those who misappropriate or embezzle funds. The people of this republic need to know that such people would be punished for their crimes and that they are not outside the law. Nobody should be untouchable.

I am confident that the provisions of the Bill will help deliver this desire for the people of this country. The Bill is a very welcome step towards zero tolerance of white collar crime, and it is a great pity that this legislation was not published long before now. I reiterate my congratulations to the Minister, Deputy Shatter, on his efforts on the Bill and I will be glad to support its passage through this House.

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