Written answers

Tuesday, 12 March 2013

Department of Justice and Equality

Competition Law

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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To ask the Minister for Justice and Equality if he will use the powers provided to him under the Criminal Justice Act 2011, to order that criminal offences under the Competition Acts be specified as relevant offences under the Criminal Justice Act 2014; and if he will make a statement on the matter. [12658/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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An arrestable offence is an offence punishable by imprisonment for a period of 5 years or more. Section 3(2)provides that the offences that may be specified as relevant offences by Ministerial order are offences relating to banking, investment of funds and other financial activities, company law, money laundering and financing terrorism, theft and fraud, bribery and corruption, competition and consumer protection, cybercrime or the raising and collection of taxes and duties.

The Minister must be of opinion that the powers under the Act are necessary for the investigation of such an offence by reason of the nature of the offence concerned and the prolonged period of time generally required for the investigation of such an offence as a result of the complexity that generally arises in such an investigation due to any of the following factors that may be expected to be involved:

(i) the number of witnesses,

(ii) the volume of documents,

(iii) the wide distribution and proliferation of documents arising from the use of electronic means of communication,

(iv) the number of transactions,

(v) the complexity of transactions, or

(vi) other factor.

The Minister must consult with any other relevant Minister before making an order under section 3(2). I have been in consultation with the Minister for Jobs, Enterprise and Innovation on the question of specifying offences under the Competition Acts as relevant offences for the purposes of the Act. I understand that issues arising in relation to this matter are under examination in the Department of Jobs, Enterprise and Innovation.

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