Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 254: To ask the Minister for Justice, Equality and Law Reform the number of instances in which the Criminal Assets Bureau has attempted to seize the assets of those involved in crime without success in the past five years; and if he will make a statement on the matter. [27780/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

I have been informed by the Garda authorities that the only instance in which the Criminal Assets Bureau has attempted to seize the assets of those involved in crime without success in the past five years is as a result of the Supreme Court decision in 2004 in the FMcK v GWD case. In this case, the Criminal Assets Bureau was hindered in applying the Proceeds of Crime Act, 1996 to assets in this jurisdiction which it believed represented the proceeds of foreign criminality. The High Court, on foot of this ruling, did not grant a Section 3 confiscation order over the property in question.

I am further informed by the Garda authorities that, as a consequence of this ruling, an additional seven other cases were affected but that none of these seven cases was lost in its entirety.

I understand that a number of these cases were settled on agreement between the parties concerned while the remainder are still before the courts awaiting determination.

In order to regularise this matter, provisions were included in the Proceeds of Crime (Amendment) Act, 2005 which now permit the Criminal Assets Bureau to pursue assets in this jurisdiction which represent the proceeds of foreign criminality.