Written answers
Tuesday, 24 November 2009
Department of Justice, Equality and Law Reform
Garda Investigations
9:00 pm
Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 304: To ask the Minister for Justice, Equality and Law Reform his role in investigating any wrongdoing, criminal or otherwise, in financial institutions here; and if he will make a statement on the matter. [42707/09]
Dermot Ahern (Louth, Fianna Fail)
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As the Deputy will appreciate 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 Gardaí is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether or not 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. I am informed by the Garda authorities that expertise is available within the Garda Bureau of Fraud Investigation for the investigation of the type of crimes referred to by the Deputy. Such investigations are also conducted in conjunction with other appropriate agencies, including the Office of the Director of Corporate Enforcement and the Office of the Financial Regulator.
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