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

Yes, it can do so at present. That is correct. As the Deputy has acknowledged to the nth degree, criminals convicted of some of the most heinous crimes have used the Proceeds of Crime Act to litigate against the State, at considerable expense to the taxpayer. The High Court and the Supreme Court have, quite correctly, been tied up for long periods in respect of that legislation. That is as it should be because everyone, guilty or innocent, is entitled to access the courts to ensure that his or her rights are fully vindicated.

There are provisions elsewhere in law that require persons to be charged without delay. When the Garda has sufficient evidence to do so, that is only correct. The person is going to be prosecuted for a criminal offence and his or her liberty may be at stake so it is important that such matters are placed in the hands of the court without delay. In that instance, however, the court hearing is not being madeex parte.

The amendment raises a concern which I would ask the Deputy to consider. It could open the doors to a great deal of litigation based on procedural arguments. These could tie up CAB and the High Court in a potentially endless discussion as to when there is enough evidence for bureau to make the application to the court. It must be borne in mind that, when conducting an investigation and especially when making an ex parteapplication to the court, investigators are bound to be fair and to make reasonable efforts to seek and consider exculpatory evidence. This is a well understood concept in the courts and in law. Forcing CAB to cut that process unduly short might render the overall process unfair.

We have, in light of the Deputy's amendment, consulted CAB on this. The bureau has concerns that it might make the process unworkable. Deputy Howlin indicated he will not press the amendment. I ask that he takes what I have said as our best thinking on the amendment at this point and I ask him to reconsider the position.

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