Written answers

Thursday, 1 December 2011

Department of Justice, Equality and Defence

Criminal Assets Bureau

5:00 pm

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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Question 28: To ask the Minister for Justice and Equality his plans to amend the powers of the Criminal Assets Bureau; and if he will make a statement on the matter. [37928/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Programme for Government includes a commitment to strengthen the powers of the Criminal Assets Bureau in relation to the forfeiture of the proceeds of crime.

An Expert Group, established under the auspices of my Department, is currently reviewing the Proceeds of Crime legislation with a view to identifying possible improvements which would serve to enhance the powers of the Bureau.

The Expert Group is engaged in a comprehensive review of the operation of the legislation with particular regard to the experience of the Bureau to date.

I can inform the Deputy that the Group is reviewing a number of matters including decreasing the amount of time which must elapse before criminal assets which have been frozen become the property of the State; increasing the powers of receivers over properties so as to immediately deprive criminals of the use of those properties; short term seizure of assets believed to be the proceeds of crime pending determination by the courts and further improving measures supporting international cooperation.

When that work concludes I will bring forward my proposals in the normal way.

Related to the issue of further improvements to international cooperation in this area, the Deputy may wish to be aware that at European level I am currently engaged in the promotion of a European wide regime for the confiscation of proceeds of crime, based on the model currently operated in this jurisdiction by the Criminal Assets Bureau. I am strongly of the view that such a regime would strengthen cooperation between the asset recovery agencies of the European Union and provide for a more effective European response to the proceeds of crime.

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