Tom Fleming (Kerry South, Independent)

I welcome this Bill to amend criminal law to expedite all investigative stages and lead to eventual prosecution in a prompt manner. We have experienced a wave of white collar crime in recent years and, due to the dismissive attitude to enforcing existing regulations - many who have transgressed have the wealth and the wherewithal to access top legal advice - many cases do not even make it to the steps of the courthouse. Even when there was ample evidence that the law has been seriously breached, light touch regulation, especially in the banking sector, was evident in the lead up to the banking crisis of 2008. Hopefully, the legislation will address weaknesses or loopholes in existing law. There should be more interaction, co-operation and liaison between the Revenue Commissioners and the Garda as part of this exercise. This should progress many prosecutions in a speedy manner.

In the context of the banking collapse, the Director of Public Prosecutions openly admitted recently in the High Court that nothing had been finalised in taking prosecutions and he also sought a six-month extension, which was refused by Mr. Justice Peter Kelly who rightly strongly criticised the farcical process so far. The DPP responded that it was not the judge's function to comment on how he should prosecute cases. The Irish Examiner reported that Mr. Justice Kelly:

[S]trongly criticised a failure to mount prosecutions in other commercial court cases involving judgments for millions of euro despite "prima facie evidence" and even admissions of criminal wrongdoing.

Mr Justice Kelly said he had sent such papers to the authorities years ago but no prosecutions had emerged.

He subsequently refused the application for a six-month extension and only granted an extension to 28 July.

To describe such crime as white collar is a misnomer. Nobody should be categorised on the basis of the colour of their collars. These crimes are committed by professional plutocrats. I commend the Minister for introducing the legislation in a timely fashion and, hopefully, it will lead to greater things.

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