Written answers

Tuesday, 16 May 2017

Department of Justice and Equality

Garda Resources

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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111. To ask the Tánaiste and Minister for Justice and Equality if she is satisfied that An Garda Síochána is adequately equipped and specifically skilled to carry out investigations into complex cases of fraud and has sufficient resources available to deal with these types of cases; and if she will make a statement on the matter. [22932/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will appreciate, it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána. Accordingly, decisions in relation to the provision and allocation of Garda resources and the training of Garda members and civilian staff are matters for the Garda Commissioner and, as Minister, I have no direct role in relation to these matters.

The Government’s overarching commitment is to ensure a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. In furtherance of this, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300, and in this regard I was pleased to be able to launch a new recruitment campaign for Reserve members of An Garda Síochána recently.

The Deputy will also be aware that the Garda Síochána Modernisation and Renewal Programme 2016-2021, which takes on board the key findings of various reports into An Garda Síochána by the Garda Síochána Inspectorate, the Garda Síochána Ombudsman Commission and expert groups, amongst others, is being implemented. The Programme is intended to professionalise, modernise and renew An Garda Síochána to ensure that the organisation can meet present and future challenges and includes an emphasis on the development of all members and staff to ensure that they will receive the training, mentoring and leadership development that they require to continue to develop their skills, to perform more effectively in their roles and progress their careers.

In addition, the Government has committed to significant investment of some €330 million in Garda ICT infrastructure, including €205 million under the Capital Plan, between 2016 and 2021. This investment will enable An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime and will ensure that An Garda Síochána has the capacity to provide effective policing services in response to the evolving challenges of modern day criminal activity, including fraud. I am informed that, the Garda authorities are continually looking to ensure that the latest information, communications and forensic technologies are sourced and deployed to ensure that An Garda Síochána will be properly resourced to meet the evolving needs of a modern effective police force and to take advantage of proven up to date technological developments in crime detection and prevention as they occur.

The Deputy will, of course, be aware that there have also been a number of significant developments in our legislative framework in recent years targeting crimes of fraud. For example, the Criminal Justice Act 2011 targets specified serious and complex offences, including offences in the areas of banking and finance, company law, money laundering, fraud and corruption. It provides for procedures to facilitate Garda access to essential information and documentation to assist in investigations. In addition, Part 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 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 which 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 2016. The Bill will give effect to provisions contained in the Fourth EU Money Laundering Directive which has the aim of strengthening laws in the EU to combat money laundering and terrorist financing.

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. Other 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 the Law Reform Commission’s 2016 issues paper in relation to Regulatory Enforcement and Corporate Offences. Among the issues under consideration by the Commission will be whether the supervisory and enforcement powers of the State's main financial and economic regulators (such as the Central Bank, ComReg, the Competition and Consumer Protection Commission and the Director of Corporate Enforcement) are adequate or need to be supplemented by, for example, civil financial sanctions and more effective co-ordination between such regulators. In addition, the Commission will consider whether there are gaps in the criminal law, particularly in relation to fraud, that need to be filled in order to respond more effectively to serious wrongdoing by corporate bodies, and whether there is a case for introducing an offence of reckless trading.

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

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