Jim O'Keeffe (Cork South West, Fine Gael)
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Question 293: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his legislative priorities for the coming session; and if he will make a statement on the matter. [5400/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The legislation for which I have responsibility in my Department in the present Session is as contained in the Government's Legislative Programme announced by the Chief Whip on 30 January 2007. The ordering of the legislation that is before the House and any other measures I may bring forward is a matter for the Government Chief Whip in consultation with other Whips.

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 294: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when he expects the DNA Database Bill to be published; and if he will make a statement on the matter. [5401/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am pleased to inform the Deputy that I obtained Government approval today for the priority drafting of the Criminal Justice (Forensic Sampling and Evidence) Bill 2007. The establishment of a DNA database for criminal investigation purposes will be a central element of the Bill. I expect the Bill to be published and enacted later this year.

In line with the Government decision it is my intention to forward the general scheme to the Human Rights Commission for their observations in accordance with section 8(b) of the Human Rights Commission Act 2000 and to publish the scheme on my Department's website in the coming days.

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 295: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the steps he has taken or will take to implement the terms of the United Nations Convention on Corruption; and if he will make a statement on the matter. [5402/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The United Nations Convention against Corruption was adopted by the UN General Assembly in October 2003 and was signed on behalf of Ireland, when it opened for signature, in December 2003. The Convention entered into force on 14 December 2005.

My officials, in consultation with the Office of the Attorney General, are currently examining the Convention. They have also undertaken consultations with other Departments and Agencies. While the majority of its provisions are catered for in existing legislation, some additional legislation will be required to enable Ireland to ratify the Convention.

The first Conference of the States Parties to the Convention was held in Jordan in December 2006, one year after the Convention's entry into force. The purpose of this Conference was to improve the capacity of and cooperation between States Parties to achieve the Convention's objectives, and to promote and review its implementation. Ireland was represented by officials from my Department.

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 296: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his plans for the introduction of new legislation to deal with money laundering; and if he will make a statement on the matter. [5403/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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Ireland already has extensive legislation in place to tackle money laundering and the financing of terrorism activities. I intend to seek the Government's approval shortly to extend the current legislative provisions in this area. I am currently in the process of preparing legislation to transpose Directive 2005/60/EC of the European Parliament and of Council on the prevention of the use of financial system for the purpose of money laundering and terrorist financing, into Irish law. The Directive was finalised in 2005 and has a transposition date of 15 December 2007. This Directive represents the European Union's ongoing commitment to tackle the international problem of money laundering and terrorist financing by implementing the global standards produced by the Financial Action Task Force (FAFT) in 2003. My proposals will also take account of the relevant provisions of the 2005 Council of Europe Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds of Crime and on Financing of Terrorism.

Because of the complexity of the proposed legislation and its likely impact on individuals and bodies involved in specified financial transactions, the process of preparing this legislation is assisted by a Money Laundering Steering Committee, comprising organisations representing a wide range of activities and professions with a direct interest in the provisions of the proposed legislation. The Steering Committee meets under the auspices of the Department of Finance, to discuss issues surrounding the implications of the legislation and to be briefed on aspects of the legislative requirements arising in the context of the transposition of the Directive. Officials of my own Department play a central role in the Money Laundering Steering Committee's deliberations.

The assessment of the necessary legislative changes, which will extend and strengthen the current provisions on money laundering and the drafting of a General Scheme of a Money Laundering Bill to transpose Directive 60/05/EC and to meet any FATF and Council of Europe requirements, is at an advanced stage. It is my intention to submit legislative proposals in this regard, to Government for approval shortly.

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 297: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when and if it is proposed to implement plans for the provision of power to the Director of Public Prosecutions to appeal against unduly lenient sentences in serious cases before the District Court or any other court; and if he will make a statement on the matter. [5404/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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My Department is currently examining the Report on Prosecution Appeals and Pre-trial Hearings which was published by the Law Reform Commission in November 2006. I am also awaiting the Report of the Balance in the Criminal Law Review Group which I established last November and which is due to report in March of this year.

The issue of prosecution appeals has a number of aspects to it. First, there is the question of whether the appeal is 'without prejudice' to an acquittal. There is also the question of re-opening cases where, for example, new evidence becomes available following the acquittal. Finally, there is the question of appealing where the original sentence was considered by the DPP to have been too lenient.

The Law Reform Commission Report followed two earlier Consultation Papers, one in relation to appeals in cases heard on indictment, the other in relation to cases heard by the District Court.

The LRC noted that the Criminal Justice Act 2006 implemented its recommendations in relation to appeals on indictment, to the extent that there should be an extended 'without prejudice' prosecution appeal which would not overturn an acquittal but would correct any legal errors for future cases.

In respect of cases tried before the District Court, the LRC took the view that, in principle, prosecution appeals against unduly lenient sentences should also be permitted. However, the Commission felt more information was required on the level of sentencing and the consistency of approach taken in the District Court before proceeding to give the DPP powers to bring appeals.

It should be noted that the Board of the Courts Service has established a Steering Committee to plan for and provide a sentencing information system. The Committee has reviewed such systems around the world and proposes to establish a pilot project in the Circuit Court in Dublin. When the Steering Committee completes its work, further consideration can be given to the question of compiling a database of information on criminal sentences.

The current law in relation to prosecution appeals against unduly lenient sentences is set out in section 2 of the Criminal Justice Act 1993 (as amended by section 23 of the Criminal Justice Act 2006). It deals with cases tried on indictment.

The terms of reference that I agreed for the Balance in the Criminal Law Review Group, require the Group to consider the question of prosecution appeals to nullify an acquittal where there is evidence of jury or witness tampering and to look also at 'with prejudice' appeals in the case of wrongful acquittals, including cases where new evidence emerges after an acquittal.

I propose to await the report of the Review Group and to take its views, along with those of the LRC, into account before presenting proposals for further legislative changes in this area.