Written answers

Wednesday, 23 November 2005

Department of Justice, Equality and Law Reform

Crime Prevention

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 216: To ask the Minister for Justice, Equality and Law Reform the full extent of racketeering, money laundering, protection or other forms of money making by menace; his proposals to deal with the situation; and if he will make a statement on the matter. [35956/05]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 217: To ask the Minister for Justice, Equality and Law Reform the extent to which he is attempting to deal with the laundering of the proceeds of crime, racketeering or protection; and if he will make a statement on the matter. [35957/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 216 and 217 together.

I am informed by the Garda authorities that criminal networks involved in the areas of criminality referred to by the Deputy are identified in a number of ways. Ongoing investigations and intelligence gathering by specialist national units working in collaboration with other national and international law enforcement agencies, including the customs service, result in the identification of the criminal activities in question.

The national units of the Garda Síochána operate under the direction of the Assistant Commissioner in charge of national support services and include the Garda bureau of fraud investigation, the Criminal Assets Bureau, the Garda national drugs unit and the national bureau of criminal investigation, which includes an anti-racketeering unit. Ongoing investigations and activities by divisional and district personnel operating throughout the State also yield information and intelligence.

All of the above activities identify key organisations involved not only in money laundering but also in the trafficking and distribution of drugs and racketeering. Having identified the key players, the relevant units at both national and local level undertake targeted operations designed to reduce the levels of such criminality. These operations have resulted in significant detections, such as the fact that the anti-racketeering unit, operating in conjunction with local divisional and district units, seized in excess of €6 million worth of goods during the past two years.

Given the largely covert nature of the criminal activities in question and the emergence of new criminal networks over time, the Deputy will appreciate that it is not possible for the Garda to state, at any given time, that all sources of such activity have been identified. However, I am informed by the Garda authorities that many sources have been identified in the course of investigations. In addition to the pursuit of prosecutions, the Garda Síochána provides crime prevention advice and guidance to financial and other relevant institutions.

The Criminal Assets Bureau continues to use its powers under proceeds of crime and tax legislation to seize the proceeds of all criminal activity. I can inform the Deputy that Ireland has extensive legislation in place to tackle money laundering activities. The main provisions in Irish law relating to money laundering are set out in section 31 of the Criminal Justice Act 1994, as amended by section 21 of the Criminal Justice (Theft and Fraud Offences) Act 2001, sections 32 and 57 of the Criminal Justice Act 1994 and section 23 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

The legislation provides for the designation of certain bodies and persons for anti-money laundering purposes and for the prescribing of certain activities for the purposes of anti-money laundering. In addition, it also requires designated bodies to adopt measures to prevent and detect the commission of a money laundering offence, including the establishment of appropriate internal procedures and the provision of suitable training for employees, directors and officers. A money laundering steering committee established under the chairmanship of the Department of Finance oversees this aspect of the legislation and facilitates co-ordination, across all the relevant State bodies, of policy on countering money laundering.

The Criminal Justice (Terrorist Offences) Act 2005 amended various provisions of the Criminal Justice Act 1994 to extend anti-money laundering measures to terrorist financing. At a European level, during the past year Ireland participated in a working group to develop a third EU money laundering directive. This directive was adopted by Council on 20 September this year and its provisions are being examined to assess the legislative requirements necessary to allow for ratification by Ireland. This process will ensure that Ireland's already robust anti-money laundering legislation will continue to conform to the highest international standards.

Pursuant to section 57 of the Criminal Justice Act 1994, the money laundering investigation unit of the Garda Síochána receives suspicious transaction reports, STRs, from designated bodies. I am informed by the Garda authorities that the number of STRs received continues to increase and that all STRs are examined in an attempt to link the subject or funds to any form of criminal activity. In conjunction with this, a number of suitable or appropriate STR investigations are referred to the Criminal Assets Bureau.

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