Eugene Regan (Fine Gael)

I thank the Minister for presenting this report to the Seanad in person. At the beginning of his contribution, he stated: "I am sure we all remember only too well the dark days preceding the formation of the bureau, when it appeared the State was impotent in tackling the menace of the drugs gangs and their murderous associates." I wonder what has changed? The situation has greatly deteriorated since the dark days leading to the murder of Veronica Guerin and it is misleading to suggest matters have improved.

When the Minister refers to the State's response, we should be clear that the decision to establish CAB was made by a Fine Gael-led coalition Government. In light of the bureau's welcome impact in terms of tackling organised crime, the then Fine Gael Minister for Justice made the correct decision. It is unique in Europe in its use of the civil standard of proof in confiscating assets. Its approach has passed constitutional muster despite a number of challenges, as outlined in its 2007 report. The primary objective of the bureau from its establishment has been to deprive criminals of the proceeds of crime and to target professional criminals and drug barons. The decision to target middle ranking criminals is also important, however, in terms of dealing with the full array of actors involved in the drug trade.

The Minister correctly described the bureau as an excellent example of a multi-agency approach. The previous approach in this area, whereby the Garda Síochána, the Revenue Commissioners and Departments addressed issues as they fell within their respective functional responsibilities, simply was not working. The multi-agency approach which the 2007 report clearly outlines is an essential ingredient in the bureau's success.

The report sets out in clear and precise terms the personnel involved in the bureau and their expertise in the area of financial crime analysis and asset profiling. It reveals the level of professionalism involved in this task. The increase in resources is welcome because it will allow the bureau to maintain its record of success. The report outlines the various instruments which the bureau can use and the actions it can take in the courts, such as appointing receivers and making disposal orders. It also sets out the actions initiated under the taxes Acts. Assessments of tax were raised on 21 people in 2007 as a result of investigations by Revenue officers. Similar adjustments were made in respect of social welfare. Many of the people involved in criminal activities assume they have an automatic entitlement to social welfare and other benefits afforded by the State to those in need, irrespective of their income levels or source of income. The aspects of the report dealing with legal aspects and case law reveals that CAB has been very successful in obtaining the sanction of the courts for its actions against assets obtained on foot of criminal activities.

International co-operation is essential given that crime, particularly the drug trade, knows no borders. The co-operation enjoyed by the bureau with the Assets Recovery Agency and the FBI is fundamental to its success. The report also outlines the legislative framework established at European level to assist its work. In its conclusion, the report recommends that we should expand our mutual co-operation with a number of jurisdictions to bilateral treaties on mutual co-operation in the civil recovery of criminal assets. Does the Minister intend to act on that recommendation?

The report also points out that criminals are adept at hiding the fruits of their activities. That is well established. In that regard, we note from the report that there is recovery of €10 million in assets through various orders obtained through the courts. A figure was given in an RTE report of €650 million, which has probably risen to €1 billion since. The Minister referred to the extraordinary, spectacular seizure of drugs in the south west of Ireland. Are we getting to the root of the problem? Is the bureau having the impact it should have? Let us consider the scale of the problem and the extent of the recovery of assets. How do we measure the scale of the success compared to the scale of the problem?

Drug lords and those serving time in prison for involvement in this seem to be able to continue to operate their business from prison. Unless that aspect of the trade is eliminated, the efforts and success of CAB are hampered by the lack of control over the activities of criminals outside and inside prison. The Minister may wish to comment on this.

For a long time, Fine Gael has proposed the argument that the assets recovered by CAB could be used to support those most affected by the drug trade, particularly in funding drug treatment and drug awareness programmes. These would benefit the communities most affected. The Minister said he does not intend to go down this route because it would mean that a fall in revenue in one source would lead to a fall in expenditure in the local community, irrespective of the problems it faced. I find the argument entirely fallacious. It avoids the question and the merit in the proposal. If there was adequate allocation for such programmes, this argument would be correct. Given that there is enormous need for greater allocation to communities for drug treatment programmes and groups that assist the communities affected by the drug scourge, I ask the Minister to review the position.