Pearse Doherty (Donegal, Sinn Fein)
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119. To ask the Minister for Justice and Equality the number of issues raised in the Office of Director of Corporate Enforcement's 2010 paper, Submission on White Collar Crime, that have been dealt with by the Government; the relevant piece of legislation or regulation they were addressed in; her plans to implement the remaining recommendations; and if she will make a statement on the matter. [4505/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The report referred to was prepared by the Office of Director of Corporate Enforcement in the context of a wide ranging consultation process on various crime issues. The report itself acknowledged that the ODCE ".....has only a partial role with respect to ‘white collar crime’," and that its experience is not as extensive as that of An Garda Síochána in this regard. Of course the report was a very welcome and valuable contribution to the consideration of our response to white collar crime and since it was completed in November 2010, there have been a number of significant developments in our legislative framework.

In particular, I might mention the Criminal Justice Act 2011, the main purpose of which is to facilitate the more effective investigation of such crime and to reduce associated delays in the process. The Act provides for procedures to facilitate Garda access to essential information and documentation to assist in investigations. The Act is targeted at specified serious and complex offences attracting a penalty of at least 5 years imprisonment, including offences in the areas of banking and finance, company law, money laundering, fraud and corruption.

Another recent provision of relevance is Part 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013. It makes provision for the selection of up to 15 jurors to serve in a criminal trial which is likely to last more than 2 months, with 12 jurors to be selected to consider the verdict. These provisions are of relevance to lengthy trials involving fraud or other complex financial matters where there is a risk of jurors becoming unavailable during the course of a protracted trial.

In terms of forthcoming legislation, the Prevention of Corruption Acts 1889 to 2010 will be replaced by the provisions of the Criminal Justice (Corruption) Bill. This Bill will replace and update the offences of giving and receiving bribes contained in existing legislation. The Bill will also enhance the ability of the DPP to bring prosecutions by providing for presumptions of corrupt gifts or payments and it will provide for penalties of up to 10 years’ imprisonment and unlimited fines for persons convicted on indictment.

In addition, the General Scheme of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Billwas approved by Government in December. The Bill will give effect to provisions contained in the 4^thEU Money Laundering Directive which has the aim of strengthening laws in the EU to combat money laundering and terrorist financing. The Directive adopts a risk-based approach whereby “designated persons” - such as banks and other bodies - must determine, on the basis of a risk assessment and taking into account relevant factors, the risk of money laundering and terrorist financing posed by a particular transaction, service or customer, and apply customer due diligence measures accordingly. While the Bill will give effect to the greater part of the Directive, some provisions (i.e. the establishment of registers of beneficial ownership of companies and trusts) will be transposed by the Department of Finance.

While my Department has responsibility for legislation addressing some aspects of white collar crime including fraud and corruption, other aspects, such as insider trading, Companies Acts offences and environmental offences, fall within the responsibility of other Government Departments. Relevant legislative enhancements in recent years include the Central Bank (Supervision and Enforcement) Act 2013, the Companies Act 2014 and more broadly the Protected Disclosures Act 2014.

The breadth and diversity of the issues connected with this form of crime are such that no one piece of legislation could effectively address all of them and therefore legislation in this area is continuously under review and development. Further developments in this area will be assisted by a forthcoming issues paper from the Law Reform Commission in relation to Regulatory Enforcement and Corporate Offences. l am also in ongoing contact with the Garda Commissioner in relation to the arrangements in place to investigate serious crime of this nature.

Finally, I am advised that An Garda Síochána continues to develop strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodology. Gardaí work closely with other bodies with relevant enforcement functions, including the ODCE.