Seanad debates
Tuesday, 5 July 2016
Proceeds of Crime (Amendment) Bill 2016: Second Stage
2:30 pm
Lorraine Clifford Lee (Fianna Fail) | Oireachtas source
I welcome the Minister to the House and welcome her comments on this Bill. Just over a week ago, the 20th anniversary of the murder of Veronica Guerin was marked. The Criminal Assets Bureau was established and the proceeds of crime legislation introduced as it was acknowledged that new powers were needed by the authorities to deal with the threat of criminal gangs who thought nothing of murdering a young mother and journalist just 20 years ago. The proceeds of crime legislation empowered CAB to identify and seize assets of persons which derived, or were suspected to derive, directly or indirectly from criminal conduct. Given the gangland murders in Dublin over the past number of months, and particularly in the wake of today's apparent gangland shooting in my constituency, in Lusk, in north County Dublin, these powers urgently need updating. While I accept the Minister's comments that they have served us well, they have been in place for 20 years, the nature of crime has evolved and our legislation therefore needs to evolve likewise. The shooting in Lusk marks a frightening escalation in gangland-associated crime. I live in the locality of this latest shooting and the community today is shocked and frightened. While the exact circumstances of the shooting are still unfolding, I am extremely concerned that there is an apparent link between this latest shooting and the spate of gangland-related killings over the past number of months.
Fianna Fáil supports the amendments before the House. Communities, particularly here in Dublin, are under siege. They have been calling for these changes to be made to help keep their young people out of these gangs and out of a life of crime. The lowering of the threshold value for property subject to seizure by CAB from €13,000 to €5,000 allows middle and lower-level criminals to be brought into the net of CAB. Young people in many communities, as we all know, across this city and communities across the country see criminals driving around in nice cars and wearing expensive jewellery and see their life of crime as an attractive choice. Oftentimes these assets have a value of less than €13,000 and therefore do not come under the current remit of CAB. These criminals are rubbing ordinary, decent, hardworking, law-abiding citizens' noses in it every day by showing their ill-gotten gains around their community. More importantly, this allows these criminals to attract new members into their gangs. Criminality is often seen as glamorous and a viable career choice for many young people with limited prospects in life. These criminals are often given cult-like status in their communities.
The other changes this Bill seeks to make are also welcomed and necessary to fight against crime. The procedure by which goods are seized needs to be changed. Currently, gardaí, as the Minister has outlined, need to make an ex parteapplication to the High Court for an interim order. Given the level of scrutiny applied by the court to such applications, it is a very challenging task for gardaí to undertake, and the amount of time required is enormous. Consequently, goods are often dispersed and CAB cannot then seize them. The new procedure would allow a chief bureau officer seize the goods for 24 hours on the basis of having reasonable grounds for suspecting them to be the proceeds of crime. This 24-hour period would allow for inquiries to be made. Before this 24-hour period expires, the chief bureau officer can then authorise the goods' further detention for 21 days. Fianna Fáil welcomes this amendment. The authorities need to be empowered to deal with the increasingly sophisticated criminal fraternity we now see in our capital city and in cities and towns all around the country.
Opponents of these amendments cite the interference to our constitutional right to property, and rightly so. I am therefore happy that the new section 1(b) provides protection for affected persons by allowing them to apply to the High Court to vary or revoke an authorisation made by a chief bureau officer under section 1(a). Section 1(c) provides for an application for compensation for losses incurred by the owner of the property. I am further reassured by the Minister's comments on the further safeguards in the legislation. Given the gravity of the situation facing the country and the threat to law and order, Fianna Fáil wishes to propose an amendment to section 4(a) by lowering the time the State has to retain the seized goods from seven years to four years. Separately, we also welcome the amending of regulations to lower the sum of cash set out in section 38 of the Criminal Justice Act from €6,500 to €1,000. All these measures are necessary to fight the biggest threat to the security of the State since provisional republican terrorism was rampant on these islands. However, greater harmonisation of EU laws should be a priority also, given the international aspect to these crimes.
Fianna Fáil also renews its call on the Government to establish a Dublin armed support unit as a matter of urgency. The latest shootings in Dublin last Friday in the south inner city and today in Lusk mark a serious escalation in gun crime.We are also calling for additional supports, such as counselling services, to be made available to children affected by crime in their communities. Many children have witnessed shootings or the immediate aftermath of a shooting. People from their families may have been involved in a shooting. We all agree these are the innocent victims and that their young fragile minds need to be protected. Will the Minister allocate extra resources to allow for counselling services to be offered to the young members of the communities affected?
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