Written answers

Tuesday, 8 November 2016

Department of Justice and Equality

Garda Resources

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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90. To ask the Minister for Justice and Equality the measures that are being taken to address so-called white collar crime; if she is satisfied that An Garda Síochána possesses sufficient expert personnel to combat this type of crime in terms of forensic accountancy; and if she will make a statement on the matter. [33457/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will appreciate that the management of Garda investigations, including the allocation of resources, are matters for the Garda authorities in the first instance and I have no direct role in this regard. However, I can assure the Deputy that the investigation of white collar crimes remains a priority for An Garda Síochána and this Government will continue to provide the necessary legislative and administrative supports to help bring the perpetrators of such crime to justice.

I am advised by the Garda authorities that the Garda National Economic Crime Bureau (formerly the Garda Bureau of Fraud Investigation) has dedicated expert staff to address white collar crime. There are currently two full-time forensic accountants assigned to the Bureau and a competition to appoint a further two forensic accountants has recently been completed by the Public Appointments Service.

The previous Government brought forward new legislation in the Criminal Justice Act 2011 which was an important step forward in our response to this form of criminality. 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. Another recent provision is Part 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 which allows for the selection of additional jurors for longer trials, such as those involving complex financial matters where jurors might become unavailable due to the length of the proceedings.

In terms of forthcoming legislation, work on the drafting of the Criminal Justice (Corruption) Bill is at an advanced stage and it is hoped to publish it in the coming weeks in line with the Government's legislative programme. Provisions in the Bill will replace and update the offences of giving and receiving bribes, address the bribery of foreign officials, provide discrete offences outlawing trading in influence, criminalise the making of payments knowingly or recklessly to a third party who intends to use them as a bribe. The Bill will also enhance the ability of the DPP to bring prosecutions by providing presumptions of corrupt gifts or payment.

I am advised that An Garda Síochána continues to develop relevant investigative strategies utilising advanced analytical and intelligence methodology. Multiple approaches, including the powers in the Criminal Justice Act 2011 as well as proceeds of crime legislation, money laundering legislation and the powers of the Criminal Assets Bureau, are all utilised to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. I am also advised that there is the closest of cooperation between the Garda National Economic Crime Bureau (GNECB) and the Criminal Assets Bureau.

As illustrated in the major banking investigations, the GNECB also works closely with other bodies with relevant enforcement functions, but whose legislative and regulatory functions are not under my Ministerial remit, including the Office of the Director of Corporate Enforcement, the Central Bank and the Competition and Consumer Protection Commission.

In conclusion, I might add that some €330 million, including €205 million under the Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 2021. This major investment as well as the programme of ongoing accelerated Garda recruitment will clearly benefit all criminal investigations, including those relating to financial crime.

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