Dáil debates

Thursday, 17 July 2025

Proceeds of Crime and Related Matters Bill 2025: Second Stage

 

7:40 am

Photo of Cormac DevlinCormac Devlin (Dún Laoghaire, Fianna Fail)

I thank an Cathaoirleach Gníomhach, the Ceann Comhairle's office, the ushers and all the staff here in the Oireachtas for their assistance to the Members over recent months and during this term.

I welcome the opportunity to speak on the Proceeds of Crime and Related Matters Bill 2025, which is vital legislation that strengthens our national ability to disrupt, dismantle and defeat serious organised crime. Let us begin with the facts. The scale of criminal profit is staggering. Across the European Union, it is estimated that criminal revenues reach €110 billion annually, equivalent to 1% of EU GDP. In Ireland, criminal activity is estimated to generate €1.7 billion per annum. That is not just numbers on a page. That is money made from the sale of illegal drugs, human trafficking, online fraud and coercive control. It is money that funds intimidation, corruption and violence. Organised crime is not abstract. It preys on the most vulnerable in our communities and its engine is money. The clear message from this Bill is that we will take that engine away.

Ireland’s existing framework for seizing the proceeds of crime is already regarded internationally as a model of best practice. The Proceeds of Crime Act 1996 and the Criminal Assets Bureau Act 1996, both introduced in response to the murder of the journalist Veronica Guerin, pioneered a civil non-conviction-based approach to asset seizure. Since then, those powers have been enhanced in 2005 and 2016. However, crime evolves and so must we. This Bill delivers a modernisation of our laws in line with expert reviews, the views of stakeholders and best international practice.

Let me highlight the key reforms. First, and perhaps most significantly, the Bill reduces the period before a final disposal order can be made from seven years to just two, which is a game-changer. It means that once the courts have determined that assets are the proceeds of crime, the State can act far more quickly to strip criminals of those assets, whether they be cash, vehicles, property or other assets. Justice delayed is justice denied and this will end unnecessary delays in disrupting criminal finances.

Second, once such a determination is made, the Bill allows for the immediate and automatic appointment of a receiver, preventing any further benefit from the assets pending final disposal. There will be no more limbo and no more criminals living off illicit wealth while proceedings drag on.

Third, the Bill prevents the same legal arguments being relitigated again and again. If the courts have already found assets to be criminal in origin, that conclusion cannot be reopened every time a disposal order is made. That adds certainty and avoids delay while still preserving the right of appeal and review, where appropriate.

Fourth, it enhances the Garda's and CAB’s tools at the investigative stage. For the first time, the Bill introduces new powers for restraint of funds in financial accounts. That means a CAB superintendent may direct a bank to freeze suspect funds for seven days, and the courts may extend that for up to 90 days. This plugs a key gap in our law and ensures that suspected dirty money cannot simply vanish overnight while investigations are ongoing. These are powerful, proportionate and well-designed reforms that reflect the professionalism and experience of the Criminal Assets Bureau, which has been central to the drafting of this legislation.

It is also important to note that the Bill protects the rights of individuals. Judicial oversight remains central to the process and there are safeguards in place to prevent injustice. Equally, it ends a situation where delay and procedural complexity can be used as tools by criminal organisations to retain illicit wealth.

Beyond these legal changes, we will continue to support the wider use of the proceeds of crime for community good. The community safety fund, now in its fourth year and with a €4 million budget for 2025, is a clear example of how we can take the money once used to fuel misery and instead use it to build safer, stronger communities. Projects tackling youth crime, drug intimidation, domestic violence and antisocial behaviour are all supported under this fund. This is justice in action.

I acknowledge the programme for Government commitment to expand the powers of the Criminal Assets Bureau and increase transparency, including the power to publish tax defaulter lists. These are further steps I hope can be advanced during the coming Stages of the Bill.

This legislation sends a strong and unequivocal message. Ireland will not be a safe haven for criminal wealth. We will find it, freeze it and take it through due process and the rule of law. In doing so, we will hit criminal organisations where it hurts - their finances.

I commend the Minister, Deputy Jim O’Callaghan, his officials and the Criminal Assets Bureau on their work on this ground-breaking legislation to tackle serious crime. This cannot come soon enough. I take heart from the Minister's experience and legal background, which have enriched the legislation we have today. I hope all Members of the House will support it.

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