Alan Shatter (Dublin South, Fine Gael)

One of my top priorities is that allegations of white collar crime are fully investigated and the perpetrators of such crime are made amenable for their crimes. I am informed by the Garda authorities that, following the submission by the Garda Bureau of Fraud Investigation of two substantial investigation files to the Director of Public Prosecutions last December, a supplementary investigation file was submitted last month. It has been agreed between the DPP, An Garda Síochána and the Director of Corporate Enforcement that additional evidence would continue to be forwarded in such modular form, rather than on completion of the entire investigation, so that consideration by the DPP could begin even as investigation continued, with a view to speeding up the final decision. The files submitted are under consideration by the DPP.

The investigation by An Garda Síochána and the Office of the Director of Corporate Enforcement, ODCE, is making progress in respect of these two investigations and also of other complaints received of alleged malpractice at Anglo Irish Bank. There is extremely close co-operation between An Garda Síochána and the ODCE in this investigation. Ten members of An Garda Síochána are currently on secondment to the ODCE. In the circumstances, and given the advanced stage of the investigations, it would be fanciful to suggest, as the Deputy does, that the establishment of some new unit at this late stage would help matters.

I have expressed, both before and since my appointment as Minister, my unhappiness with the protracted nature of the investigations. I repeat that this is not a criticism of the persons carrying out the investigations. There is no doubt that the complexities of the matters being investigated create tough challenges for investigators and prosecutors.

It was in light of my concerns that, on taking office, I gave priority to the introduction of the Criminal Justice Bill 2011, which is currently before the House. It is my intention that the Bill's provisions will speed up investigations and prosecutions in this area - both future investigations and those currently under way - by improving a number of important procedural matters and strengthening Garda investigative powers. I have to say frankly it is a great pity that legislative action of this kind was not taken at a much earlier stage of the investigation.

I note that with reference to this issue, the DPP in his speech stated:

I would like to take this opportunity to welcome the decision of the Minister for Justice and Equality to introduce a new Criminal Justice Bill in the Oireachtas. Until now it has been a surprising omission in Irish law that potential witnesses cannot be compelled to cooperate with an investigation, even where they themselves are not suspected of or accused of any wrongdoing. In this regard the power of an Irish criminal investigator is considerably weaker than that of a tribunal of enquiry. The new legislation will plug this gap.

I am aware of the recent remarks made by the DPP, who is, of course, independent in the performance of his duties. As the director said, we have to refrain from any comment which could prejudice any case which might be brought. I note that in the context of the current investigation, the director indicated in the statement I quoted above that the passage of the Criminal Justice Bill will be of substantial assistance. I thank Members of the Opposition for their co-operation in the manner in which they have dealt with the Bill so far.

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