Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

First of all, I wish to thank all the Senators for attending today to deal with this issue. The very disturbing organised criminal activity in recent months has highlighted the part played by the lower-level members of criminal gangs. Following consultation with senior gardaí and Department officials, the Tánaiste has put together a package of measures to enhance our efforts to fight organised crime and secured Government approval for it at the end of May. There are a number of aspects to that package, including the establishment of a special crime task force by An Garda Síochána which will focus on persons involved in gangland activities. Another part of the package is the Proceeds of Crime (Amendment) Bill 2016, which passed all Stages in this House last week with the support of all sides and is before the Dáil for Second Stage today.

We all recognise that Garda operations require practical support as well as legislative improvements. The Tánaiste is committed to providing the resources An Garda Síochána needs to address the difficult challenges they currently face. Additional funding of €55 million for An Garda Síochána has recently been approved by the Government. The motion we are debating today seeks the approval of the Seanad to draft regulations under section 44 of the Criminal Justice Act 1994, which has been laid before the House. It is another important element in the package of measures aimed at criminal gangs.

It is important that I emphasise that the section 44 regulations are only one aspect of the law enforcement package. The Government's response to crime must, and does, go beyond law enforcement. The Taoiseach and other Government colleagues held various meetings with community representatives from the north inner city of Dublin in recent weeks to hear their concerns about the broader socioeconomic issues affecting the area. I attended one of the meetings. It was a very successful community-based meeting, at which most of the TDs and Ministers just listened to the local residents rather than talking to them. The community representatives were very appreciative of the visible Garda presence in the area and sought reassurance about continuing resources for local policing. Other concerns raised related to tackling the scourge of drugs, including the illicit sale of prescription drugs, as well as early intervention programmes for children, dealing with educational disadvantage, job creation and apprenticeships in the area, improving the physical environment, social housing provision and community development, including family, youth and recreational activity. The Taoiseach intends to establish a broader task force to address socioeconomic and community development issues in the north inner city. The outcome of those meetings helped to inform the preparatory work around the proposed task force for the north inner city of Dublin. We are determined to make progress on this in the near future. I also note that the new national drugs strategy for post-2016 is being developed by the Department of Health in consultation with all relevant stakeholders.

Regulations under section 44 set the prescribed sum for the purpose of section 38 of the Criminal Justice Act 1994. Section 38 allows searching, seizure and detention of cash gained from, or for use in, criminal conduct. Cash is defined to include notes and coins in any currency, postal orders, cheques of any kind, bank drafts, bearer bonds and bearer shares. Powers under this section may be exercised by a member of An Garda Síochána or any officer of the Revenue Commissioners where he or she has reasonable grounds for suspecting that the cash directly or indirectly represents the proceeds of crime or is intended by any person for use in any criminal conduct. The power of search under subsection (1) is only available in the context of the suspected importation or exportation of cash. This aspect of section 38 is therefore more likely to be availed of by customs officers at ports and airports.The power of seizure under subsection (1)(a) allows the Garda and the Revenue officers to seize and detain cash, including cash found during a search under subsection (1), if it is not less than the prescribed sum and the officer has reasonable grounds for suspecting that it directly or indirectly represents the proceeds of crime or is intended by any person for use in criminal conduct. When cash is seized by a member of the Garda Síochána or an officer of the Revenue Commissioners under section 38 it may be detained for 48 hours. Detention beyond 48 hours may be authorised by a judge of the District Court if he or she is satisfied that there are reasonable grounds for the suspicion which led to the initial search and seizure.

Section 39 of the Act allows for a judge of the Circuit Court to order the ultimate forfeiture of the cash if satisfied on the balance of probabilities that the cash directly or indirectly represents the proceeds of crime or is intended by any person for use in connection with any criminal conduct. The Criminal Justice Act 1994 (Section 44) Regulations 1996 currently sets the prescribed sum for the purposes of section 38 of the Act at €6,349. The draft regulations laid before the House will repeal the old regulations and reduce this limit to €1,000. Over €8 million has been seized by Revenue Commissioners under section 38 and almost €7 million has been forfeited under section 39 since 2010. The annual report of the Director of Public Prosecutions for 2014 notes that almost 40 files were opened in relation to section 39 applications from both the Revenue and the Garda. In terms of forfeiture orders made in 2014, there were eight on the Garda side amounting to almost €390,000 and 24 on the Revenue side amounting to almost €500,000. Reducing the prescribed sum to €1,000 will ensure that the Garda or Revenue officials will be able to seize amounts above that amount. An effective response to crime requires that such amounts can be pursued. I commend the motion to the House.