Michael McGrath (Cork South Central, Fianna Fail)
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I thank the Ceann Comhairle for selecting this matter for the Adjournment debate. Yesterday, Mr. Justice Kelly issued a decision in the High Court refusing to sanction an application for a six month extension of time in the investigation by the Garda Síochána and the Director of Corporate Enforcement into certain matters concerning Anglo Irish Bank. Instead, he gave the investigators until the end of July when the matter will come before the court again. Essentially, Mr. Justice Kelly was putting us all on notice that the investigation by the Garda and the Director of Corporate Enforcement into Anglo Irish Bank is in danger of collapse. He extended the investigation to the end of July and said that the progress of the two year inquiry was not satisfactory, that he would extend it to 28 July when he expected much progress to have been made, and warned that if a further extension was sought in July, he would have to be given a detailed update on progress, including what happened to material sent by the investigators to the Office of the Director of Public Prosecutions last December and last March.

This decision by and these comments of Mr. Justice Kelly represent a wake up call, if one were needed, to the authorities on the urgency of concluding this investigation. It is a function of this House, especially of the Government, to ensure the Garda and the Director of Corporate Enforcement are equipped with every possible tool to enable them to complete that work as soon as possible. Mr. Justice Kelly is clearly frustrated at the length of time the investigation is taking. This is a frustration shared by all citizens. It is not for me to determine the guilt or innocence of anyone in connection with the Anglo Irish Bank investigation but we have a right to insist that all parties give full co-operation with the inquiry.

There was a report in the media last week, one which has not been contradicted, that the former chief executive officer of Anglo Irish Bank, Mr. David Drumm, now living in the United States, has refused to make himself available for questioning by the Garda and the Office of the Director of Corporate Enforcement, ODCE. This is a disgrace. Mr. Drumm, as Anglo Ireland Bank's head of lending between 2003 and 2005, and then as chief executive of the bank until 2008, is a key player in the catastrophic Irish banking crisis. The bank that he led has cost the taxpayer almost €30 billion.

For Mr. Drumm not to co-operate with the investigation is to give the two fingers to the Irish people. This is an affront to our citizens and to the democratic institutions of this State. He must not be allowed to run away from his responsibilities. All Members will agree that Mr. Drumm and everyone else associated with the investigations must be held accountable here for their actions.

Mr. Drumm is in the United States on an E-2 visa, which is for persons who make a qualifying business investment in the United States. Mr. Drumm, accordingly, remains in the US solely on the basis of the permission and grace of the US authorities. The irony is that, while in the US on an E-2 visa, it emerged that Mr. Drumm filed for bankruptcy there in October 2010. In addition, Anglo Irish Bank has lodged papers with the US courts challenging Mr. Drumm's eligibility for the E-2 visa. Mr. Drumm can only be extradited from the US to Ireland if he is being prosecuted here and he cannot be extradited for questioning alone.

Will the Tánaiste and Minister for Foreign Affairs raise the issue of Mr. Drumm's US visa with US ambassador to Ireland, the US State Department and urge the US authorities to revoke this visa? The US authorities should be asked to revoke Mr. Drumm's visa on the basis that he is wanted in Ireland to be questioned as part of the most complex investigation of its kind in the history of the State. I am sure he could be very helpful to the investigation if he made himself available.

Several other issues also emerge from Mr. Justice Kelly's comments yesterday. What are the blockages preventing a successful conclusion to the investigation into Anglo Irish Bank? In the short time he has been in office, has the Minister for Justice and Equality had the opportunity to receive an update on the investigation? If people are to have any faith in public administration, the criminal justice system and politics, it is important that the Anglo Irish Bank investigation is brought to a successful conclusion.

Richard Bruton (Dublin North Central, Fine Gael)
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The Anglo Irish Bank investigations cover several issues comprising the short-term back-to-back deposits of approximately €7.4 billion executed by Anglo Irish Bank and Irish Life & Permanent at the end of September 2008; the provision by Anglo Irish Bank of funds to certain persons for the purchase of its shares in July 2008; the bank's loans connected to certain former bank directors which were not adequately disclosed in the bank's financial statements for many years; and an Anglo Irish Bank loan provided to one of its directors in September 2008.

All sides of the House have supported the investigations by the Garda Síochána and the Office of the Director of Corporate Enforcement, ODCE. Significant progress has been made. In its recent report to the High Court, the ODCE indicated three investigation files and several further reports were submitted to the Director of Public Prosecutions in late 2010 and early this year. The Garda Síochána and the ODCE are working to complete the remaining aspects of their investigations. They hope to do so by the end of the year. The Government is anxious that these investigations be completed as quickly as possible. The Minister for Justice and Equality and I have taken a keen interest to get an update. We have ensured all necessary resources are made available to ensure these investigations are brought to a conclusion. Any investigation, however, must also be thorough and meet the tests of evidence.

Both investigations have received additional assistance in the form of extra staffing support. In the ODCE investigation, some 16 staff, including the gardaí seconded to the office, have been more or less exclusively engaged for the past two years on these investigations. Six of these 16 staff are new to the office having been provided by my Department or the Garda Commissioner since 2009 at the request of the director. My Department does not have any further request for additional staff on hands at this time from the director.

The ODCE's investigation of Anglo Irish Bank has also been assisted by new legislative provisions, supported by all sides of the House, when it enacted the Companies (Amendment) Act 2009. The ODCE has used the seizure powers in that Act, and it is the use of these provisions which has given rise to the recent High Court review. I am aware of Mr. Justice Kelly's comments but Deputy Michael McGrath will appreciate that it would be inappropriate for me to comment on court proceedings which are in progress.

The task of conducting these investigations is difficult and complex and the processing of the millions of electronic documents seized by the ODCE in September 2009 is complicated and time-consuming. In the area of white-collar crime, generally, the Government has moved urgently to provide new procedures and powers which will speed up current and future investigations, including investigations into offences in the areas of banking and finance, company law, money laundering, fraud and corruption. The Minister for Justice and Equality will publish a criminal law Bill on Friday containing these changes. I hope all parties will co-operate in its early enactment.

The Garda Commissioner has assured the Minister for Justice and Equality that the resources allocated to the Garda Bureau of Fraud Investigation are sufficient to meet the demands placed on it in the investigation of white-collar crime. While the internal allocation of Garda personnel is a matter for the Commissioner, he has informed the Minister that 11 appointments, including ten new staff, have been made available to the bureau in recent weeks.

The ODCE and the Competition Authority were significant contributors to the recent consultation process undertaken by the Department of Justice and Equality in the white-collar crime area having regard to their experience of work in the area. These submissions are reflected in the Department's recently published overview of the submissions it received.

I fully understand public frustrations at the delay in seeing an outcome to this investigation. However, the time taken to conclude these investigations is not unique. It is regrettable that complex investigations in large companies take time in many jurisdictions with a similar legal system to ours. By way of illustration, I note the UK's Serious Fraud Office last week issued a press statement relating to charging three persons with offences of false accounting in a UK public company which is now in liquidation. This investigation was accepted by the Serious Fraud Office in January 2007 and has been conducted since then in conjunction with the City of London Police. Similarly in March 2011, the Serious Fraud Office reported that it had mounted extensive search and arrest operations in London and Reykjavik in co-operation with other authorities relating to the circumstances surrounding a banking collapse in October 2008.

I am assured by the Director of Corporate Enforcement that his office is acutely aware of the public desire that the Anglo Irish Bank investigations be concluded as speedily as possible. However, the ODCE is equally conscious of the absolute need, in the public interest, to avoid any short cuts that could damage the prospects of a successful prosecution in the event that the Director of Public Prosecutions decides to press charges in any case. The ODCE is endeavouring to conclude its investigations as quickly as possible without compromising the prevailing legal standards for the acquisition of criminal evidence. It will continue to work closely with the Garda Síochána on their respective investigations into Anglo Irish Bank.

The Garda Commissioner and the Director of Corporate Enforcement are independent in the discharge of their criminal investigative functions. This must be respected by everyone. As an independent officeholder, the Director of Public Prosecutions will, likewise, make decisions in the Anglo Irish Bank case when he is in a position to do so. It is important that all public representatives, in this House and outside of it, refrain from making comments which could potentially prejudice taking criminal proceedings in due course.

These investigations have made substantial progress. My Department remains available to offer any suitable assistance to the ODCE in concluding these investigations. I am aware that the Government does not have a role in prosecuting offences. However, we will take all appropriate action open to us to ensure these investigations are brought to a conclusion as quickly as possible.

I will bring the matter of Mr. Drumm's E-2 visa to the attention of the Tánaiste and Minister for Foreign Affairs so he can examine the Deputy's suggestion regarding it.