Written answers

Wednesday, 29 September 2010

Department of Justice, Equality and Law Reform

Proposed Legislation

11:00 pm

Photo of Joe CareyJoe Carey (Clare, Fine Gael)
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Question 1163: To ask the Minister for Justice and Law Reform the progress he has made to date in the preparation of legislation on white collar crime; and if he will make a statement on the matter. [33456/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Deputy will appreciate that white collar crime contains elements which relate to the responsibilities of a number of Government Departments in addition to the Department of Justice and Law Reform. Insofar as my own Department is concerned developments in this area include the coming into operation on 15 July this year of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, which transposes the requirements of the third EU money laundering Directive into Irish Law and which also responds to recommendations of the Financial Action Task Force (FATF). The legislation strengthens and updates our laws in this area. It provides for additional measures to be taken by the designated persons encompassed by the Act, including credit and financial institutions, insurance intermediaries and the legal and accountancy professions, to combat money laundering and terrorist financing.

The Deputy will also be aware that the Oireachtas is currently considering the Prevention of Corruption (Amendment) Bill 2008 which is primarily intended to ensure greater compliance with the OECD Convention on Bribery of Foreign Public Officials in International Business Transactions. I am proposing in this Bill to provide for protection for "whistleblowers" in respect of reports, in good faith, of suspicions of offences under our prevention of corruption legislation. I expect that consideration of this Bill by the Oireachtas will be completed during the current parliamentary session. Anti corruption legislation in this jurisdiction dates back to 1889 and has been dealt with in a number of different statutes since that time. With a view to bringing greater clarity and accessibility to the law in this area, I announced earlier this year my intention to consolidate all of the anti corruption legislation in a single statute. Work on this consolidation process is expected to commence shortly.

In May of this year I requested that An Garda Síochána look at the law in relation to white collar crime particularly in the light of the experience gained in the investigation of this kind of offence and if necessary to put forward for consideration proposals for changes in the law which would be in the public interest. In the context of the White Paper on Crime which will set out the overall framework for strategies to deal with crime in the future, my Department will shortly publish a Discussion Document on the general area. The Discussion Document will be informed by the views of a wide range of interested parties being consulted in the matter, including the general public and practitioners, along with An Garda Síochána. The Government will give careful consideration to all of the issues which will arise on foot of this consultation.

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