Dáil debates

Wednesday, 27 January 2016

Ceisteanna - Questions - Priority Questions

White Collar Crime

10:05 am

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Early in its term of office the Government enacted new legislation in the Criminal Justice Act 2011 which was an important step forward in our response to this form of criminality. Its main purpose is to address delays in the prosecution and investigation of complex white collar crime, about which there was much concern, by improving certain important procedural matters and strengthening Garda investigative powers. Another recent provision is Part 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 which allows for the selection of additional jurors for longer trials, such as those involving complex financial matters where jurors might become unavailable due to the length of the proceedings. That is an important change.

Forthcoming legislation, which is close to being finalised, is the criminal justice (corruption) Bill.The Bill is also intended to enhance the ability of the Director of Public Prosecutions, DPP, to bring prosecutions relating to corruption. I am advised that An Garda Síochána continues to develop strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodology. The use of the powers in the Criminal Justice Act 2011, as well as proceeds of crime legislation and the powers of the Criminal Assets Bureau, are very important in this context. I published a report of their work three weeks ago which shows how many white collar criminal enterprises are being tackled by the Criminal Assets Bureau. Other countries are now copying that initiative which was undertaken some years ago. The Garda Bureau of Fraud Investigation, GBFI, works closely with the Criminal Assets Bureau.

The Office of the Director of Corporate Enforcement, ODCE, the Competition Authority and the GBFI all work together. The major banking investigations which have been undertaken in recent years illustrate the close working relationship between An Garda Síochána and the ODCE across multiple strands of very complex investigations. People are frustrated at the length of time criminal trials can take, but a number of new legislative initiatives are targeted at trying to ensure there are no undue delays.

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