David Stanton (Cork East, Fine Gael) | Oireachtas source

I thank Senator Ivana Bacik for her contribution on the amendment. The Bill, as initiated, contains sufficient safeguards for affected persons against any potential abuse of the new seizure and detention powers. Persons can apply to the court to have an authorisation revoked and to do so need only undermine any one of the four grounds on which the Chief Bureau Pfficer must rely. It is also the case that failure by the CAB to make an application to the court for an interim order or an interlocutory order before the expiry of the 21 day period will open the door to a compensation action by the owner of the property.

The Proceeds of Crime Act 1996 has been litigated to the nth degree, as the Senator knows, by criminals who have been convicted of some of the most heinous crimes at considerable expense to the taxpayer. The High Court and the Supreme Court have been tied up in such cases for lengthy periods. That is as it should be. Everybody, either guilty or innocent, is entitled to access the courts to ensure his or her rights are fully vindicated. I know that there are provisions elsewhere in law that require persons to be charged without delay when the Garda has sufficient evidence to do so. That is only correct. The person concerned will be prosecuted for a criminal offence and his or her liberty may be at stake. It is important that such matters be placed in the hands of the courts without delay. I am afraid, however, that the amendment would open the door to litigation based on procedural arguments that would tie up the CAB and the High Court in a potentially endless discussion on when the CAB had enough evidence to make an application. It has to be borne in mind that when conducting an investigation and, in particular, when making an ex-parte application to a court, investigators are bound to be fair and make reasonable efforts to seek and consider exploratory evidence. Forcing the CAB to cut that process unduly short might in itself render the overall process unfair.

My officials have consulted the CAB about this proposal and it has expressed strong concerns that it would render the entire process unworkable. In that light, I ask the Senators not to press the amendment.