Bernard Durkan (Kildare North, Fine Gael)
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126. To ask the Tánaiste and Minister for Justice and Equality the extent to which the assets of major criminal gangs are confiscated on an annual basis; and if he will make a statement on the matter. [44487/17]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy may know, Ireland operates both conviction and non-conviction based models for the confiscation of proceeds of crime.  In so far as the conviction based model is concerned, the confiscation and forfeiture of criminal assets is the responsibility of the Office of the Director of Public Prosecutions (ODPP) which is a statutorily independent body operating under the aegis of the Department of the Taoiseach.  The Deputy will appreciate that as I have no Ministerial responsibility in relation to the ODPP it is not possible for me to provide information in relation to criminal confiscation. However, I understand that information in this regard is available in the Annual Reports of the ODPP.

The non-conviction based model for the confiscation of the proceeds of crime is that deployed by the Criminal Assets Bureau.  The Proceeds of Crime Acts 1996-2016 provide the legal framework underpinning the Bureau's powers to take all necessary actions, including the making of applications to the High Court, in relation to the seizing and securing of assets with a view to their disposal in due course in accordance with the provisions of that legislation.

Section 21 of the Criminal Assets Bureau Act 1996 requires the Bureau, through the Garda Commissioner, to provide a report of its activities each year to the Minister for Justice and Equality who is then required to lay copies of the report before each House of the Oireachtas.  The Annual Reports, including the most recent one for 2016 which was published last July, are available in the Oireachtas library and on the website of An Garda Síochána and my own Department.  In Part 3 of the 2016 Report for instance, detailed information is provided in relation to the number of cases brought before the High Court under the various provisions of the Act; the number, type and valuation of assets involved; and the value of assets transferred to the Minister for Finance following the making of a disposal order by the High Court under Section 4 of the Proceeds of Crime Acts 1996 - 2016.  Comparative data relating to the actions of the Bureau under the Revenue Acts and the Social Welfare Consolidation Act are also provided in the Annual Reports of the Bureau.

In examining the reports of the Bureau, the Deputy might note that it is the assets of individuals rather than criminal gangs that are reported.