Seanad debates

Tuesday, 5 July 2016

Proceeds of Crime (Amendment) Bill 2016: Second Stage (Resumed)

 

2:30 pm

Photo of Paul DalyPaul Daly (Fianna Fail) | Oireachtas source

I welcome the Minister and congratulate her on her appointment as Tánaiste. I welcome the swift process by which she has brought the Bill before the House. It is unfortunate that we need to enact this in the general social context and it is unfortunate that the situation is unchanged after 20 years and that the original Act is unfit for purpose. Hence, the need for changes. My party colleagues and I welcome the changes but I would like to set out some caveats. I listened to the debate today with interest, as a Senator from a rural area. While we have a serious problem in parts of our cities with gangland crime, there has been no mention of rural Ireland. The saying is that from the smallest acorn grows the largest oak tree. It is very important that we have the resources in place to enforce the new legislation in rural areas and in our rural communities. Gangs like the ones we see operating in the city centre are in their infancy in rural Ireland and it is there that we need to act almost as stringently. We find ourselves fire-fighting in the city currently as things have got ahead of us. Hence, the need for rushed legislation. Prevention is far better than cure, as the saying goes, and we need to have the Garda resources and personnel to enforce the amended legislation at a very early stage.

With that in mind and with regard to the section 38 amendment, I take on board very much what Senator Ruane said. It was an angle from which I had not looked at the matter. However, looking again from the rural side, €1,000 is still too high. If an 18 year old at a social function or outside a school disco has €400 to €600 in his pocket, we all know where it came from. I take on board what Senator Ruane said. It was a good and well-made point but from my perspective, €1,000 is still way too high.

At the other end of the scale is the need for the harmonisation of EU law. The main offenders are, unfortunately, living on mainland Europe and they are untouchable. Until we have harmonisation of EU law whereby assets can be seized in other European countries from Irish criminals based there, we will continue to have a major problem.We will still only be getting the mules, the gofers and the henchmen. We will not be getting to the top of the tree. We need to start working on that. We need to have harmonisation and to have the European police forces working in sync with our new legislation.

I welcome the amendments and I hope the Minister can get them through as soon as possible. I stress that when they are in situ, resources will be needed and the legislation will need to be enforced.

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