Seanad debates

Wednesday, 24 November 2004

Proceeds of Crime (Amendment) Bill 1999: Second Stage.

 

12:00 pm

Photo of Frank FeighanFrank Feighan (Fine Gael)

I welcome the Minister of State, Deputy Callely, to the House and wish him well with the Bill. The proceeds of crime legislation has been a major achievement. It was set up after the murder of journalist Veronica Guerin in 1996. That was a testing time for the State when criminal gangs felt they could run everything. Many of the gangs were involved in prostitution, drugs, armed robberies and the sale of guns. They felt immune from the law.

However, the horrific murder of Veronica Guerin, a journalist who espoused freedom of information but whose reports did not please the so-called godfathers, was a turning point in how we dealt with organised crime. Nowadays if we can convince a court that people are enjoying a lifestyle they could not have earned legally, a judge can order the confiscation and sale of their possessions. Too often people driving flash cars and wearing jewellery that was probably worth more than my car seemed to be immune from investigation. Thankfully, we now have legislation that has dealt with the issue.

Last year, Deputy O'Dowd published a Private Members' Bill to amend the Proceeds of Crime Act. The purpose of his Bill was to ensure that the sizeable funds seized by the CAB would be ring-fenced and used to rehabilitate drug users. There is merit in that because most of the assets seized by the CAB come from illegal gains from drugs. A United Kingdom report estimated that one kilogram of heroin distributed at street level generated 220 victims of burglary and £220,000 worth of property stolen by addicts to fuel their habits. We are not tackling the issue of drugs sufficiently. I agree with Deputy O'Dowd that the funds seized by the CAB should be ring-fenced to tackle the spiralling epidemic of drugs on our streets.

The issue of the horrific assaults that took place over the weekend was raised on the Order of Business today. One man was shot in his bed in what appears to be a gangland killing. One non-national was stabbed to death and another stabbed in Tallaght. An elderly gentleman was also hurt in Donegal. Are we sure that drugs were not involved in some manner in these crimes? Drugs are an ever increasing problem and it is for that reason I would like the proceeds of crime to be ring-fenced. Those funds would give the drugs task forces more bite and provide them with better resources. More gardaí could be involved in the drugs forces and the Garda could also be provided with extra resources to tackle increasing crime. The problem is in our major cities but it will escalate and permeate into every town, village and rural area if not tackled.

We have a raft of criminals who operate and run successful drugs operations in Amsterdam and Spain. They appear to be untouchable and I find this difficult to accept. We do not always believe the tabloids, but one must read them to see that these criminals are running their own show. Yesterday, the Taoiseach more or less said that the ill-gotten gains of this criminal underworld crime were perhaps being used to buy property in Spain. That is an unacceptable situation. I am pleased that many countries have followed our example in terms of enacting legislation to deal with the proceeds of crime. It has been successful in Northern Ireland in dealing with paramilitaries.

In the United Kingdom where the authorities did not regulate bureaux de change or money transmission agents they have good evidence that much money was laundered for criminals through these. Is that the case here or have we legislation to cover the transmission of funds by such agencies? While the banks are regulated, I would like my anxieties allayed with regard to the bureaux de change.

How much money is currently in the fund? The Garda cannot name the persons with whom the Criminal Assets Bureau has made settlements or provide information on the settlements. I understand there must be discretion and some secrecy on the issue. As public representatives our assets are in the public domain, yet if a question is asked in the Dáil on the issue of criminal assets it is considered inappropriate for the CAB to disclose the information sought. The overall sum of assets collected by the bureau from 1996 to 31 October amounts to €69,262,409. This is an amount I would like to see being spent in the right way.

I welcome any amendments that will make the Bill watertight and ensure we tackle the godfathers of crime. Campaigners for civil liberties have said its powers are dangerous and destroy the presumption of innocence. We have nothing to fear in that regard. For too long these crime lords have felt untouchable. We can have no untouchables in the State. The only force we should have is the Garda Síochána. The Bill's primary aim is to reduce crime and we will do this by working closely with our law enforcement partners. The assets accumulated through unlawful means must be removed. The CAB and this legislation target the godfathers who have gained money through drugs and illegal businesses.

I wish the Minister of State well with the legislation and hope the money seized will be ring-fenced to tackle drugs as the drugs task forces are not fully resourced. Anything that will help them to tackle the spiralling drug problem is welcome.

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