Aideen Hayden (Labour)

Senators Bradford, O'Donovan and Bacik stated how a question mark hangs over the enforcement of a body of existing law in this area, a point the Minister must consider. The public would be forgiven for believing that white-collar criminals act with impunity. To date, not one banker, developer or member of any golden circle is behind bars experiencing the delights of slopping out in Mountjoy Prison. The public are sick of being given the two fingers by those who contrive to dine on holiday in all the right places while happily telling us their former assets are now owned by their wives and partners. To that extent, I welcome the Minster's commitment to strengthening the Criminal Assets Bureau's powers for future examinations.

The Criminal Justice Bill 2011 is designed to deal with existing cases before the courts, a welcome development. No Member under estimates the level of utter frustration and anger among the general public at the perception that those who brought the country to its knees acted with impunity.

White-collar crime is complex in its nature. Rather than the process being frustrated by the ticking clock, it is welcome that the interview process of a suspect can be suspended to allow for further investigation of issues as they arise.

Section 15, allowing the District Court power to require the production of certain documents, and more importantly, be presented and identified in a particular order is another welcome provision. As anyone who has ever practised law knows, the best way to hide a document is to hide it like a needle in a haystack

I have reservations about the section 9 exemption of the general rule that the questioning of detained persons should not proceed without access to legal advice. When an individual waives his or her right to legal advice, a caveat must be included so that it is a considered waiver and the person is exercising it without any pressure. The second exemption where the member in charge at the Garda station can proceed with questioning if he or she believes not to proceed would cause injury to others or damage to property runs in the face of a person's right to representation. We should proceed cautiously in this. While I understand the reasons for the measure, it flies in the face of accepted constitutional practice.

No crime is victimless. In this Bill's context, the victim is our country. I welcome its introduction and believe it will be significant legislation in bringing forward the issue of white-collar crime.