Written answers

Wednesday, 14 December 2011

Department of Justice, Equality and Defence

Crime Prevention

10:00 pm

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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Question 216: To ask the Minister for Justice and Equality the number of occasions on which the provisions of the Criminal Justice Bill 2011 have been used by the Garda since its inception. [40158/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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 An 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. The Act also provides for the suspension of detentions in respect of complex investigations.

I am informed by the Garda authorities that An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodology. Multiple approaches, including the use of the proceeds of crime legislation, money laundering legislation and the powers of the Criminal Assets Bureau, are utilised to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. Members of An Garda Síochána continue to utilise the provisions of all relevant legislation, including the Criminal Justice Act 2011.

The information requested by the Deputy in relation to the precise number of occasions the provisions have been used is not readily available and would necessitate a disproportionate expenditure of Garda time and resources to collate.

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