Dara Calleary (Mayo, Fianna Fail)
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Question 215: To ask the Minister for Justice and Equality the position regarding Garda investigations into allegations regarding events at Anglo Irish Bank; when a decision is expected to be made by the Director of Public Prosecutions; and if he will make a statement on the matter. [40157/11]

Alan Shatter (Dublin South, Fine Gael)
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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.

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 Act is an important step in delivering on the Government's commitment to tackle white collar crime. Its main purpose is to address delays in the prosecution and investigation of complex white collar crime by improving certain important procedural matters and strengthening Garda investigative powers. The Act's provisions are based on the experiences of those involved in investigations and prosecutions of white collar crime, and in particular on the experiences of those involved in current investigations into bank fraud and financial irregularities. It provides new procedures and powers which will speed up both current and future investigations, including investigations into offences in the areas of banking and finance, company law, money laundering, fraud and corruption.

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 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. I am determined to see this commitment fulfilled.

I am informed by the Garda authorities that the investigations into Anglo Irish Bank by An Garda Síochána and the Office of the Director of Corporate Enforcement (ODCE) are ongoing, with a full investigation team employed at the Garda Bureau of Fraud Investigation. This team continues to conduct necessary follow up enquiries in respect of investigations, as well as investigations into separate complaints received regarding other alleged malpractices.

All members of An Garda Síochána allocated to such investigations have previous experience in the investigation of fraud related offences, and the investigations are augmented by experienced investigators from ODCE. There is close cooperation and ongoing liaison between An Garda Síochána and ODCE, with members of An Garda Síochána seconded to ODCE.

I am informed that three comprehensive investigation files have been submitted by the Garda Bureau of Fraud Investigation to the Law Officers, in December, 2010 and October, 2011. In addition, a supplementary investigation file was submitted in May. The files remain under consideration by the Director of Public Prosecutions, and directions are awaited. Following recent developments it is anticipated that a further investigation file will be submitted to the DPP.