Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

While it is important that we take measures to protect the EU's financial interests against fraud and misappropriation, we must remember that those interests are, in fact, our own. That is why it is welcome that we are aiming for a more harmonised system to fight against crime affecting the EU budget by defining the terms "theft" and "fraud perpetrated against the EU" as addressed in the Bill. It is also good to see that the offence of misappropriation is defined as meaning "the action of a public official who commits or disperses funding contrary to the purpose of which it was intended". Hopefully, this will give us an added assurance that the distribution of important funding such as that relating to the Common Agricultural Policy will be policed effectively and monitored intensely.

The amendments proposed in the Bill deal with criminal liability in corporate bodies. Criminal conduct on the part of a company is only attributed to that company if it is proved that the offences are committed by senior managers. In widening its scope in this legislation, I hope the Department and the EU have done all they can to ensure that junior officers are not targeted by unscrupulous companies as a result. These amendments indicate that there is a great deal that has not been done by successive Governments domestically over the years in terms of action in respect of white-collar crime. In the past, the ODCE was criticised by a judge for its work in a particularly high-profile case involving Anglo Irish Bank. Tribunals and inquiries have largely been seen as toothless wastes of money that have done little to give the appearance that justice was done. They have only added to the bill the public has to pick up. We also live in a country which has the lion's share of corporate headquarters and a financial services centre that is seen by the Government as its Holy Grail. Only now, however, we have seen movement through the Hamilton report on penalising economic crime and reform.

It is for these reasons that I believe this conversation must highlight the range of shortcomings when it comes to tackling white-collar crime. This debate must also raise the issue of financial inequality. In the course of this pandemic, the country's billionaires have done well for themselves. Recent reports suggest that these individuals have benefited to the tune of over €3 billion. The rich have a habit of getting richer while the poor ultimately get poorer. This is facilitated through a range of measures.

The Government's opposition to the Apple tax ruling is an example of the worrying culture of rewarding those who have to the detriment of those who have not. We see those who have the financial resources to avoid paying taxes being able to do precisely that. This puts more of the financial burden on the shoulders of our workers while all the time we have unpaid student nurses and are reluctant to invest properly in housing for our citizens. This culture must be addressed. As long as the rich can use our laws to work their way around the obligations that apply to the rest of us, we will continue to have a long way to go in protecting our own financial interests. We must address that matter next.

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