Seanad debates

Tuesday, 5 July 2016

Proceeds of Crime (Amendment) Bill 2016: Second Stage

 

2:30 pm

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

I too welcome the Minister to the House. It is 20 years almost to the month since Veronica Guerin was brutally murdered in Dublin by drug barons. At the time, I was graduating from University College Dublin and the Tánaiste and Minister for Justice and Equality was our local Deputy. The then coalition Government, under the stewardship of the then Minister, Nora Owen, introduced the Proceeds of Crime Act 1996, which led to the creation of the Criminal Assets Bureau, CAB. This was ground-breaking at the time because it hit the criminals where it hurt them, namely, in their pockets. It removed the proceeds of crime and ill-gotten gains from them. They were not allowed to keep the properties they accumulated as a result of their vicious, murdering crimes.

The constitutionality of the CAB legislation is the most tested. A particular criminal, who created enormous hardship in the streets of this city, dragged that legislation through the courts, right up to the Supreme Court. The Government, the State and Ireland won, however, and every challenge was defeated.

This Bill is a natural progression. As Senator Clifford-Lee quite rightly pointed out, crime has evolved and, as such, the response must evolve as well. This Bill is necessary as a result of the evolution of crime and what we saw in the streets of Dublin city this morning where somebody was gunned down in broad daylight. It is appropriate to reduce the threshold value of property subject to the Act from €13,000 to €5,000. It is also appropriate to allow a CAB official seize property if, in his or her valued judgment, the property is a result of the proceeds of crime.

People's constitutional rights are also protected in this legislation. If a seized property is not a result of the proceeds of crime and the owner can prove that in the courts, then the property will be returned to him or her. If the owner has lost income as a result, he or she will be compensated for it. The balancing introduced in this legislation further strengthens it.

We are at war with criminals in Dublin city and in this country. We have to win. We cannot let those people win. They are winning at the moment because they are succeeding in murdering people on the streets of this city and in inflicting pain and suffering on people throughout the country. This Government, however, is determined to defeat them. Since coming into office, it has increased the budget to An Garda Síochána by €55 million. This increased investment will continue. The Government is committed to investing in high-powered vehicles to catch criminals and respond appropriately. The Government is investing in upgrading the ICT equipment available to An Garda Síochána to ensure the PULSE system, which was ground-breaking at the time, will be fit for purpose in the modern era.

In the spirit of new politics, we must all come together to ensure democracy beats criminality and that the people in this city and in this country can live with no fear as well as ensuring they feel safe in their homes and streets. We are determined the murderous thugs, who have frightened the living daylights out of the people in inner city Dublin, will be beaten. This is an important incremental step to ensure they will be beaten. If the legislation needs to be further developed, evolved and improved, on the advice of An Garda Síochána and those at the coalface, I have no doubt the Minister and the Government will not be found wanting in further amending legislation to deal with this savagery in the city of Dublin.

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