Peter Fitzpatrick (Louth, Fine Gael)

Scanning any local weekly newspaper, one can see a list of prosecutions for various offences. If an ordinary person breaks the law, he or she will most likely be prosecuted for the offence. However, white collar crime is an entirely different matter and sophisticated criminals generally making significant gains from crime are often not brought to justice. White collar crime gives rise to enormous discontent in the minds of ordinary citizens. How often do we hear somebody complaining about being punished for having no light on a bike but that the well-off get away with everything? That is a common perception that brings the law into disrepute, with the majority of citizens being disturbed by it.

Law-abiding citizens believe that people in important jobs often seem to be above the law and the collapse of our banks highlights this perception in a big way. Ordinary people were horrified when the banks were suddenly found to be bankrupt and they instinctively knew that bad things had happened. Nevertheless, they expected those responsible would be forced to answer for their activities, which had incredible consequences for the well-being of families and friends. People believed that the key players in the Government and in regulation, as well as the executive and boards of stricken banks, should take responsibility for the debacles.

There was an enormous financial disaster and the people expected the law to deal with it on their behalf, with those responsible singled out and punished. That did not happen and as a result, there was a crisis of confidence in our criminal justice system, with the assertion that some people are above the law being reinforced. There is major work in repairing the damage to people's confidence in the criminal justice system.

This legislation is a step in the right direction. I congratulate the Minister for Justice and Equality, Deputy Alan Shatter, for moving quickly to improve the ability of the Garda to investigate white collar crime. The length of time spent investigating possible criminal activity in Anglo Irish Bank is an embarrassment, and the Director of Public Prosecutions has stated that lack of manpower is not the cause of unwanted delays and other factors are at play. The Minister has identified many of the problems which are preventing timely completion of this kind of investigation. This type of criminal activity is very difficult to unravel and the use of encrypted files and other methods of evasion used by persons who are educated in digital technology makes it very difficult to detect sophisticated accounting scams and other fraudulent activities. Those being investigated would naturally do everything possible to frustrate the efforts of the Garda.

Section 9 will allow the detention clock to be stopped for a maximum of three hours while a suspect waits to consult with a solicitor either in person or over the telephone. The clock may be stopped for a period of six hours when a suspect is in a Garda station between midnight and 8 a.m. This will allow the Garda to make maximum use of the detention period.

Section 15 gives the Garda the power to apply to the District Court for an order to compel a person to answer questions, provide statements and produce documents. This section also provides for the District Court to order access for the Garda to specified places for the purpose of obtaining documents and to provide access to passwords where documents are electronically stored. Suspects who fail to comply with a District Court order or who provide false or misleading information will be punished by the imposition of a fine, imprisonment up to two years or both. The section also contains a power relating to the method of presentation of documents as evidence.

Section 19 provides for a maximum of five years imprisonment or fine if a person is found guilty of withholding information relating to certain offences. The legislation will greatly assist the Garda in very difficult circumstances when trying to unravel sophisticated crime and I am happy to support it.

Speaking at the Irish Criminal Bar Association conference on white collar crime in March this year, the Minister stated his intention to ensure that our republic treats all citizens equally both when they abide by the law and breach it, and he argued that we must end the widespread perception of impunity. This Bill is an indication that the Minister means business.

The Minister must now move swiftly to bring the proposed whistleblower Bill before the House to further improve the prevention and detection of white collar crime. I hope that confidence in the system of criminal justice can now be restored and that the questions from the public on the failure of banks can be answered.

Is a Minister above the law in his duties? The same question arises with regard to the Government and board of the Central Bank and financial regulators. Many citizens believe these office holders cannot be investigated and prosecuted in the same way as other citizens. Some 450,000 people are now out of work-----

See this speech in context