Alan Shatter (Dublin South, Fine Gael)
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Question 1: To ask the Minister for Justice and Law Reform when the Garda file on the investigation into Anglo Irish Bank will be sent to the Director of Public Prosecutions; when the Garda investigation into events in Anglo Irish Bank will be completed; and if he will make a statement on the matter. [35525/10]

Dermot Ahern (Louth, Fianna Fail)
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The reprehensible events at Anglo Irish Bank have caused enormous damage to our country. There is a clear and overwhelming public interest that, where it is shown that anyone involved in those events broke the law, they should face justice. Neither I nor the Government can seek to interfere, direct investigations or decide whether people should face charges. That is a cornerstone of our democratic system.

Given the grave issues at stake, it is right that I have sought to be kept fully briefed by the Garda Commissioner on the investigation. I will tell the House what I can about it. Of its nature, what I can say at this stage is limited. It is imperative that neither I nor indeed any Member of this House say anything that would have the effect, however unintended, of helping people to evade justice.

The investigation is a joint one, under the Garda Bureau of Fraud Investigation and the Office of the Director of Corporate Enforcement. It is headed by an assistant commissioner and the Director of Corporate Enforcement. The Director of Public Prosecutions has retained two senior counsel and one junior counsel to advise the investigators. Some 27 gardaí and 16 officers of the Office of the Director of Corporate Enforcement are assigned to the investigation.

This is the most complex investigation of its kind ever undertaken in the State. There are ten strands to it. It requires the analysis of a huge range of records - more than 100,000 documents, including e-mails and telephone and bank records. More than 350 people have been interviewed, and inevitably in a case like this, their witness statements can be extremely lengthy. Search warrants and court orders have been executed and persons arrested. Inquiries are taking place outside the State.

It is clear, therefore, that a huge amount of work has been undertaken. Investigators must follow every avenue to which their inquiries lead, so it is not possible to be precise as to when their work will be completed. I have been assured by the Garda Commissioner that the Garda Síochána has no higher priority than completing this investigation. For his part, the Commissioner meets regularly with his officers involved, ensuring that at all times they have every resource they require.

I well understand the fury of people at what happened at the bank. There is understandable indignation that no one has yet been brought before the courts. It would, however, do a huge disservice to those people to pretend that there is some simple or quick way of dealing with this matter that will be effective. What is important is that what happened is systematically and forensically investigated as quickly as possible, with a view to presenting cases to the Director of Public Prosecutions. That is exactly what is happening without fear or favour.

It is important too that we, as legislators, learn any lessons we can. That is why I asked the Garda Commissioner to have a look at the law in this area in May, based on the experience of this and other cases, and to make any recommendations for change. Company law and the law governing financial institutions are not primarily matters for me but my Department has been in contact with the Departments of Finance and Enterprise, Trade and Innovation on this. Those Departments have contacted my Department about the preparation of the White Paper on Crime, with a view to devising proposals in the area of white collar crime. We will publish a discussion paper on white collar crime in the not too distant future. We are also open to any suggestions from Members opposite on changes in this area.

Alan Shatter (Dublin South, Fine Gael)
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Does the Minister acknowledge there is widespread public anger and incredulity at the utter failure of the State, so far, to initiate criminal proceedings of any nature in respect of the Anglo Irish Bank fiasco? Does the Minister agree the events in which Anglo Irish Bank was involved, including exotic share dealings and the transfer of funds intended to maintain share value on artificial levels and to conceal the insolvency of the bank, provide fertile ground for the taking of criminal prosecutions? In the context of the investigation being conducted by the Garda Síochána and the Office of the Director of Corporate Enforcement, can the Minister tell the House if all former board members of Anglo Irish Bank and current and former employees have fully co-operated in the provision of all essential information and documentation? Can the Minister clarify whether, in the course of the investigation, the possibility of criminal prosecution has been complicated or compromised by any suggestion that the former Financial Regulator, the former Governor of the Central Bank, officials in the Department of Finance or any Minister had prior knowledge of the peculiarities of the share dealings and financial structures in Anglo Irish Bank or sanctioned some of those that have given rise to the enormous problems with which the State is confronted?

Dermot Ahern (Louth, Fianna Fail)
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The independent investigating authority - the Garda Síochána and the Office of the Director of Corporate Enforcement - is to carry out this investigation without fear or favour. To the best of my knowledge that is happening. I can understand the fury and outrage of the public. No one is more outraged than members of the Cabinet, who must deal with this issue on a daily basis since the crisis arose. Unfortunately, outrage is no good on a book of evidence, as Deputy Shatter knows. Outrage does not prove a criminal offence. What does so is the forensic examination of the scale going on, with more than 100,000 documents, telephone records, bank records in electronic format and hard copy, and 350 people providing witness statements. Many of those had legal advice before making statements. In one instance, the statement is 150 pages long. Deputy Shatter can see the enormity of this investigation. The case of an individual is something to be determined by the investigating authorities, as is the matter of from whom they should take statements and demand co-operation. If people are not co-operating, and I have no information on this, it would be an offence under the law. Where there is an element of criminal law and corporate law, the Office of the Director of Corporate Enforcement and the Garda Síochána are dealing with those issues and they have the best legal advice available to them as the investigation continues.

Alan Shatter (Dublin South, Fine Gael)
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Does the Minister not understand that when someone who has not paid a fine of €250 ends up in Mountjoy prison, someone who drives a truck into the gates of Leinster House ends up before the courts within 24 hours and bankers responsible for bringing the State to its knees and costing taxpayers €50 billion have not been brought before the courts it genuinely gives rise to a sense of public outrage, utter confusion and undermines confidence in our legal system? Can the Minister clarify that the information sought from the Garda Commissioner about our laws to deal with white collar crime and the self-serving announcement made by the Minister, Deputy Gormley, a few days ago that an internal group would examine the extent to which our laws are adequate in this area is an admission that, despite 13 years of Fianna Fáil in government, we do not have laws of sufficient rigour to ensure bankers responsible for the debacle and catastrophe with which we are confronted are brought before our court in the same manner as bankers are brought before the courts, prosecuted and convicted in the United States? It is an example of the gross failure of successive Fianna Fáil Governments in this State.

Dermot Ahern (Louth, Fianna Fail)
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I assure the Deputy there will be no political policing as long as I am in this job. Deputy Shatter would correctly criticise me if I were seen to interfere directly in this investigation. I and the Government share the outrage and fury at what has gone on. In our democratic society there is a system where, independent of Government and political influence, these cases are examined. That is happening and it is the way it should be.

Alan Shatter (Dublin South, Fine Gael)
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It is taking too long.

Dermot Ahern (Louth, Fianna Fail)
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I will not interfere in that. It may be taking a long time but Deputy Shatter made reference to a number of cases that were relatively simple. In this case there are ten different strands of investigation. More than 115,000 e-mails and documents have passed between various institutions and individuals and they have to be examined.

Brendan Howlin (Wexford, Labour)
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The Minister should proceed to the next question.

Alan Shatter (Dublin South, Fine Gael)
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What about the prior knowledge of the Financial Regulator?

Dermot Ahern (Louth, Fianna Fail)
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That is the extent-----

Brendan Howlin (Wexford, Labour)
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We need to move on. Ceist a dó. We are four minutes over time on the question.

Dermot Ahern (Louth, Fianna Fail)
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Any issue will be put before the court if, ultimately, the Garda Commissioner and the Office of the Director of Corporate Enforcement can put together a case that is systematically and forensically examined.

Brendan Howlin (Wexford, Labour)
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I have called ceist a dó.

Dermot Ahern (Louth, Fianna Fail)
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That is the way it should be.

Alan Shatter (Dublin South, Fine Gael)
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So there is no truth in what was told to the newspapers.