Written answers

Tuesday, 20 September 2011

Department of Justice, Equality and Defence

Garda Investigations

9:00 pm

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Question 83: To ask the Minister for Justice and Equality in view of Simon Carswell's investigation into the actions of Anglo Irish Bank and its directors, his views on whether it warrants a criminal investigation; and if he will make a statement on the matter. [24746/11]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 408: To ask the Minister for Justice and Equality the extent that will be expected that prosecutions can or will take against banking executives who have refused to cooperate with the Director of Corporate Enforcement in relation to their failure to apply good governance, due diligence and generally proper banking practice which has resulted in massive damage to the economy; and if he will make a statement on the matter. [25020/11]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 409: To ask the Minister for Justice and Equality the action taken or likely to be taken against former banking executives who have failed to cooperate with the Director of Corporate Enforcement and who may have placed themselves outside this jurisdiction; if extradition will be considered; and if he will make a statement on the matter. [25021/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 83, 408 and 409 together.

I attach the highest priority to the full investigation of white collar crime and bringing the perpetrators of such crime to justice to the greatest extent possible. I have expressed, both before and since my appointment as Minister, my unhappiness with the protracted nature of the investigations. I do not intend this as any criticism of investigators and prosecutors, who face tough challenges as a result of the complexities of the matters being investigated. At the same time, I am concerned to ensure that I do not say anything that could prejudice any possible prosecutions or any court hearing. It is imperative that such investigations are conducted in a thorough, methodical and comprehensive manner, so as to ensure that account is taken of all pertinent matters. If this is not done, there is a risk that any prosecutions that may proceed would be jeopardised.

It was in the light of my concerns that I gave priority to the passage through the Oireachtas of the Criminal Justice Act 2011, which was enacted on 2 August and most of which was commenced on 9 August. This new legislation is intended to speed up investigations and prosecutions in relation to white collar crimes, both future investigations and those currently underway, by improving a number of important procedural matters and strengthening Garda investigative powers. It also provides for offences committed by persons who are unwilling or reluctant to assist with an investigation.

On becoming Minister, I sought and received assurances that there were sufficient resources available to the investigations. I can assure the Deputy that this Government will continue to provide sustained support for the investigation in terms of resources, as well as the necessary legislative and administrative supports, and that if those involved in the investigations believe at any stage that additional resources are required that will be responded to.

I am informed by the Garda authorities that, following the submission by the Garda Bureau of Fraud Investigation of two substantial investigation files relating to matters in Anglo Irish Bank to the Director of Public Prosecutions last December, a supplementary investigation file was submitted in May. The files remain under consideration by the DPP, and his directions are awaited.

The investigation by An Garda Síochána and the Office of the Director of Corporate Enforcement is ongoing in respect of both these investigations and of other complaints. I understand that it is intended to submit further files to the DPP in the near future.

The decision to seek the extradition of a person charged with a criminal offence rests with the DPP and only arises where the Director has decided that a person should be prosecuted in the first instance. As the Deputy will appreciate, the Director is independent in the exercise of his functions and, as Minister, I have no function in deciding whether a person should be charged with an offence or whether a person's extradition should be sought.

The Office of the Director of Corporate Enforcement is responsible for compliance with and enforcement of the Companies Acts and is under the aegis of my colleague the Minister for Jobs, Enterprise and Innovation.

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