Bernard Durkan (Kildare North, Fine Gael)
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Question 147: To ask the Minister for Justice and Equality the extent to which corporate enforcement is likely to become actually enforceable, with particular reference to those who have shown a reluctance to co-operate with the Director of Corporate Enforcement or have placed themselves outside the jurisdiction, thereby making it impossible to obtain an explanation for decisions which may have negatively affected the economic situation and resulted in a liability for the taxpayer; and if he will make a statement on the matter. [38231/11]

Bernard Durkan (Kildare North, Fine Gael)
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Question 148: To ask the Minister for Justice and Equality if any action has been taken or is likely to be taken against those who took corporate decisions that ultimately led to economic damage and a major liability on the taxpayer; if Garda investigations are under way; and if he will make a statement on the matter. [38232/11]

Alan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 147 and 148 together.

I attach the highest priority to the full investigation of white collar crime and bringing the perpetrators of such crime to justice. I have already expressed my unhappiness at the protracted nature of the investigations underway. This is not a criticism of the investigators and prosecutors, who face tough challenges as a result of the complexities of the matters being investigated. At the same time, I am anxious to ensure that I do not say anything which might jeopardise any prosecutions.

The Programme for Government contains a commitment that rogue bankers and all those that misappropriate or embezzle funds are properly pursued for their crimes and that the full rigours of the law will apply to them. Within eight weeks of taking up office, I moved urgently to draft, and seek Government approval to the introduction of, additional legislation. This new legislation, the Criminal Justice Act 2011, was enacted on 2 August.

The main purpose of the Act is to facilitate the more effective investigation of white collar crime and to reduce associated delays. The Act provides for new procedures to facilitate Garda access to essential information, documentation and electronically held information to assist in current and future investigations of white collar crime. The Act is targeted at specified serious and complex offences attracting a penalty of at least 5 years imprisonment, including offences in the areas of banking and finance, company law, money laundering, fraud and corruption.

The Act provides for a new offence regarding failure to report information to the Gardaí which could prevent the commission of white collar crime or assist An Garda Síochána in an investigation into white collar crime. The Act also contains provisions to protect whistleblowers who disclose information to An Garda Síochána relating to relevant offences.

In addition, it provides for offences committed by persons or witnesses who are unwilling or reluctant to assist with an investigation. The provisions of the Act include a new power for the Garda Síochána to apply to court for an order to require any person with relevant information to produce documents, answer questions and provide information for the purposes of the investigation of relevant offences. Failure to comply with such an order will be an offence, punishable by way of a term of imprisonment or a fine or both. This is a central provision of the Act.

It is expected that the Act will provide vital assistance to An Garda Síochána in the completion of current investigations as well as providing assistance to them in investigations undertaken in the future.

The decision to seek the extradition of a person charged with a criminal offence rests with the DPP and arises only 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 her 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.

With regard to the investigations into Anglo Irish Bank, I am informed by the Garda authorities that three investigation files and a supplementary file have to date been submitted to the Law Officers. Directions are awaited. The investigations by An Garda Síochána and the Office of the Director of Corporate Enforcement are ongoing.

Any allegations of criminality against any persons or business reported or made known to An Garda Síochána will be fully investigated.