Written answers

Tuesday, 25 April 2006

Department of Justice, Equality and Law Reform

Garda Investigations

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 676: To ask the Minister for Justice, Equality and Law Reform if documents were forged in any part of the EU and then knowingly used in the Republic of Ireland for financial gain; if that would be a criminal act; and the position regarding the case of a person (details supplied). [14749/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that if documents were forged in any part of the EU and then knowingly used in the Republic of Ireland for financial gain, it would be a criminal act. The matter would be investigated by An Garda Síochána and the investigation file submitted to the law officers. The case would then be adjudicated upon to establish if sufficient evidence is available to substantiate the offences of forging and-or uttering.

In the case referred to, consideration was also given by investigating gardaí to the Land Registry Rules, the Registration of Title Act 1964 and the Conveyancing Act 1881, under which it is the vendor's signature that effectively passes title. The purchaser's signature is solely for the purpose of certifying that the purchaser is an Irish citizen and, as such, is a qualified person under the provisions of the Land Act 1965. The Garda investigation into the complaint made by the person referred to did not establish the presence of the necessary proofs to warrant a prosecution in this jurisdiction.

As the Deputy will be aware, I have no role in the investigation or prosecution of cases. This is a long standing principle of our system of justice. The role of the Garda is to investigate alleged offences, gather whatever evidence may be available and submit a report to the Director of Public Prosecutions. The question of whether a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The director, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and-or statute law. In the circumstances, it would, therefore, be inappropriate for me to comment further on the case.

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