Written answers

Tuesday, 29 June 2010

Department of Justice, Equality and Law Reform

Proceeds of Crime

10:00 am

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Fianna Fail)
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Question 391: To ask the Minister for Justice, Equality and Law Reform the number of properties seized by the Criminal Assets Bureau in County Kerry over the last five years. [28443/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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As the Deputy is aware, the Criminal Assets Bureau (CAB) is a statutory body which operates under the Criminal Assets Bureau Act 1996 and utilises the Proceeds of Crime Acts 1996 and 2005 (as amended) as well as Revenue and Social Welfare legislation to target the proceeds of criminal conduct. Under the provisions of the Proceeds of Crime Legislation CAB may apply to the High Court to obtain either an interim or interlocutory order to freeze certain assets it believes to be the proceeds of criminal conduct. If the High Court is satisfied that such assets are the proceeds of crime then they may be frozen for a period of a least seven years.

The Proceeds of Crime (Amendment) Act 2005 introduced provisions whereby all relevant parties can consent to the application of Section 4A Order to allow for a disposal order to be made by the High Court before the seven year period has elapsed.

While the Bureau regularly targets certain properties under both the Proceeds of Crime and Taxation legislation, there are statutory limitations on the disclosure of such information in the course of investigations and any subsequent Court proceedings.

It is therefore the policy of the Bureau not to disclose information on specific properties until investigations are completed and the Courts have made a final determination.

I am advised by the Bureau that they have conducted a number of investigations in County Kerry during the past years and they continue to work in close liaison with Criminal Asset Divisional Profilers in Kerry to target assets suspected to derive from criminal conduct.

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