Dinny McGinley (Donegal South West, Fine Gael) | Oireachtas source

I thank all the Deputies who contributed to the debate for their support for this Bill, which the Minister hopes will be enacted as soon as possible. The main purpose of the Bill is to make some fairly technical amendments to the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. We want to ensure that certain provisions are more closely matched to international standards. We also want to take the opportunity to make some changes in light of the experience we have gained during the past two years or so in operating the systems which that Act put in place.

It is clear from the debate that we are all aware of the increasing sophistication of crime, the international nature of it and, consequently, the need to have in place effective structures for preventing and detecting crime. Money laundering, as an offence in itself, does not always come to mind when people think about organised crime. We are more likely to read drug trafficking, robbery or cigarette smuggling. However, it is money laundering which allows criminals to conceal and, ultimately, use the proceeds of their crimes. It is a crime which can be committed on a small or large scale, within and across borders and by seemingly legitimate businesses. The insidious nature of laundering requires robust systems to prevent it and to tackle it when it is discovered. It requires a co-ordinated approach, both domestically and internationally.

Criminals are always seeking new ways to get away with their crimes and I take this opportunity to commend the financial action task force on its work to strengthen international efforts to tackle laundering. I also welcome the excellent work of the European Commission in bringing forward proposals to improve the legislative response to money laundering. By adapting our systems to reflect the changing nature of crime, we can close off any avenues which might be exploited by criminals. The challenge posed by money laundering also requires a co-ordinated approach on the domestic front. While this involves the imposition of a regulatory burden on the financial services sector, lawyers, accountants and others, that burden is a necessary one. It is required to address the behaviour of those who attempt to use legitimate systems - such as the banking system - to circumvent the law. It is not every day that one hears words of thanks being addressed to bankers, lawyers and accountants but I sincerely thank all those whose everyday efforts support the work of the Garda Síochána and the Revenue in tackling this crime.

It is almost a cliche to say that the Garda depends on the support of the community to achieve results. In the area of money laundering, its job would be impossible without the active support of the business community. An individual criminal or a criminal organisation rarely commits a single, simple crime. Quite often they commit complex mosaics of crime, such as manufacturing, importing and selling drugs, for example, and then going on to launder the proceeds. These mosaics must be painstakingly unpicked by gardaí in specialist units - such as the fraud bureau, the drugs unit, the organised crime unit - in local detective units and also by uniformed members. I know the House will join me in extending thanks and genuine admiration to the men and women of all ranks in the Garda Síochána who work so professionally and with such dedication on our behalf to put a stop to these crimes.

The efforts of the Garda Síochána are reflected in the latest CSO crime statistics. They are generally very positive and it is clear that the Garda, with considerable community support, is making a significant impact on crime. The statistics relating to one crime in particular, burglary, itself a predicate offence to money laundering, show positive signs. The increases in burglary seen early in 2012 are being reversed. This coincides with the introduction of Operation Fiacla nationally. I applaud the contribution of everyone involved in this Garda operation. Under Operation Fiacla, as of 31 March some 4,546 persons had been arrested and 2,512 charged.

Having shared the widespread revulsion at a number of appalling and cowardly attacks on the homes of elderly people, I am encouraged by the clear impact of the robust Garda response to those engaged in burglaries.

I appreciate the genuine concerns of communities about the implementation of changes to the way policing is being managed. Fundamentally, the objective of the reforms is to maximise the time that our well trained and highly skilled gardaí spend on operational duties. While concerns about crime are understandable, they should be seen in the context of a decline in most categories of recorded crime, including drugs, public order and assault offences, in the past year.

I will address a number of the points raised by Deputies. Many Members referred to the number of gardaí. The Minister for Justice and Equality has stated several times that he wishes to maintain Garda numbers at 13,000. Yesterday, he stated that there would be a delay in bringing a proposal to the Cabinet on the commencement of a recruitment campaign, as the Government must first reflect on how to effect the savings of €300 million in 2013 that would have resulted had the Labour Relations Commission's pay proposals in respect of an extension to the Croke Park agreement been accepted. The Minister stated that a recruitment campaign could not be commenced without his being in a position to ensure the availability of funding to meet the salaries of additional members recruited to the Garda. He reconfirmed his opinion that it was desirable that Garda numbers be maintained at 13,000 and expressed the hope that he would eventually be in a position to bring an appropriate proposal to the Cabinet.

Deputies also referred to the incidence of white collar crime. The programme for Government contains a commitment that rogue bankers and all those who misappropriate or embezzle funds be properly pursued for their crimes and that the full rigours of the law be applied to them. Within eight weeks of taking up office, the Minister moved urgently to introduce additional legislation. The Criminal Justice Act 2011 was enacted on 2 August of that year and provides vital assistance to the Garda in the completion of white collar crime investigations. The Act has facilitated the more effective use of detention periods by making it possible for persons arrested and detained for questioning to be released and their detention suspended so that further inquiries can be conducted during the suspension period. The Garda Commissioner is aware that any further legislative proposal that he might have that would assist in the investigation and detection of white collar crime, or of fraud offences generally, will be considered positively by the Minister.

This Bill is mainly technical. It is being introduced to avoid a prolongation of Ireland's stay in the Financial Action Task Force, FATF follow-up process beyond June, which could have negative consequences for our international standing. I thank officials in the offices of the Attorney General and, particularly, the Parliamentary Counsel for their work in drafting this Bill under great pressure and with limited resources. If time and resources allow, some amendments originally envisaged as part of the general scheme of the Bill approved by the Government will be tabled on Committee Stage.

I remind the House of the intention to introduce amendments on Report Stage to address the threat to life and limb posed by explosive devices that make use of mobile communications technology. This may necessitate a change in the Title. The amendments' purpose will be to allow for a direction to telephone companies to cease service in limited areas in order to prevent death or damage to property.

This is a relatively short Bill and technical in nature. Nonetheless, it is important in ensuring that our anti-money laundering regime is not only in line with international standards, but is also seen to be so. We will need to review this situation again once the proposed fourth money laundering directive is finalised. In any case, it is only right that we keep our laws and systems for tackling money laundering under review. It is an area to which criminals dedicate much effort and creativity in order to hide the proceeds of their crimes. As such, we as legislators should ensure that our laws in this regard are kept up to date and fit for purpose. I commend the Bill to the House.

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