Michael D Higgins (Galway West, Labour)
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Question 72: To ask the Minister for Justice, Equality and Law Reform the action he intends to take arising from the recent Supreme Court decision that the Proceeds of Crime Act 1996, under which the Criminal Assets Bureau operates, does not apply to the proceeds of crime committed outside of the State; and if he will make a statement on the matter. [16282/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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I presume the Deputy is referring to the recent Supreme Court decision of 17 May 2004 in the case of McK and D, which found that the Proceeds of Crime Act 1996 has no application where the criminal activity in question has occurred outside the State. An amendment to ensure the Proceeds of Crime Act 1996 can be applied to seize and confiscate assets, which are situated in this jurisdiction and which arise out of foreign criminal activity, is one of a number of amendments which have been the subject of consultation between my Department, officers of the Criminal Assets Bureau and the Office of the Attorney General in the context of the Proceeds of Crime (Amendment) Bill 2003, which is awaiting Committee Stage in the House. Drafting of those amendments is being finalised and Committee Stage is expected to resume shortly. Amendments to the Bill will also include measures formerly under contemplation for a proceeds of corruption Bill. In addition, they will include provisions aimed at strengthening the existing mechanisms and providing additional mechanisms for confiscating the proceeds of crime and bolstering the powers of the Criminal Assets Bureau generally.