CRIMINAL JUSTICE ACT 1994 (SECTION 44) REGULATIONS 2016
Dáil Motion
Go gceadaíonn Dáil Éireann na Rialacháin seo a leanas ina ndréacht:-
(Embedded image moved to file: pic31783.jpg)Na Rialacháin fán Acht um
Cheartas Coiriúil 1994 (Alt 44) 2016
ar leagadh cóip díobh ina ndréacht faoi bhráid na Dála an 7ú lá de
Mheitheamh 2016.
That Dáil Éireann approves the following Regulations in draft:-
(Embedded image moved to file: pic23850.jpg)Criminal Justice Act 1994
(Section 44) Regulations 2016
(Embedded image moved to file: pic17398.jpg)a copy of which was laid in
draft before the Dáil on the 7th day of June, 2016.
Opening Remarks by Frances Fitzgerald TD
Tánaiste and Minister for Justice and Equality
6 July, 2016
A Chathaoirligh,
All of us in this House have been shocked by the upsurge in gang-related
violence in Dublin in recent months. I am determined that the outrageous
and ruthless brutality we have seen on our streets will not go unanswered.
Concern has been raised in particular about the activities of some gang
members operating locally and working for their bosses who live overseas.
I and my officials met with the Garda Commissioner and other senior Gardaí
to examine what further could be done to tackle these gangsters. At the
end of May, I secured the agreement of the Government to a package of
measures to enhance our efforts to fight organised crime. That package
includes the establishment of a special crime Task Force by the Garda
Síochána, in cooperation with the Revenue Commissioners and Department of
Social Protection. The Task Force will be focused relentlessly on persons
involved in gangland activities. It includes the Proceeds of Crime
(Amendment) Bill which passed second stage in the Seanad last night and
which will shortly be brought before this House. I am also bringing forward
proposals to enhance and update the legislative framework for the lawful
interception of communications and for covert electronic surveillance, to
combat the threats from serious and organised crime and terrorism.
I have been clear that we would fund whatever measures were needed for An
Garda Síochána to best tackle the critical and unprecedented challenges
they currently face. Government recently approved of substantial additional
funding of some €55 million for An Garda Síochána.
An important element in that package of measures, and one which is
particularly aimed at these gangsters, is the one we are debating here this
evening. The motion seeks approval to the draft regulations under section
44 of the Criminal Justice Act 1994 which I have laid before the House.
Regulations under section 44 set the prescribed sum for the purposes of
section 38 of the Criminal Justice Act 1994. Section 38 allows for the
search for, seizure and detention of cash gained from, or for use in,
criminal conduct. Cash is defined to include notes and coins in any
currency, postal orders, cheques of any kind (including travellers’
cheques), bank drafts, bearer bonds and bearer shares.
Powers under this section may be exercised by members of the Garda Síochána
or an officer of the Revenue Commissioners where he or she has reasonable
grounds for suspecting that the cash, directly or indirectly, represents
the proceeds of crime or is intended by any person for use in any criminal
conduct. The power of search under subsection (1) is only available where
there are reasonable grounds for suspecting that the person is importing or
exporting, or intends or is about to import or export the cash. This
aspect of section 38 is more likely, therefore, to be availed of by Customs
officers at ports and airports.
The power of seizure under subsection (1A) allows Gardaí and Revenue
Officers to seize and detain cash, including cash found during a search
under subsection (1), if it is not less than the prescribed sum, and the
officer has reasonable grounds for suspecting that it directly or
indirectly represents the proceeds of crime or is intended by any person
for use in any criminal conduct.
When cash is seized by a member the Garda Síochána or an officer of the
Revenue Commissioners under section 38 it may be detained for 48 hours.
Detention beyond 48 hours may be authorised by a Judge of the District
Court if he or she is satisfied that there are reasonable grounds for the
suspicion which led to the initial search and seizure.
Section 39 of the Act allows for a judge of the Circuit Court to order the
ultimate forfeiture of the cash if satisfied on the balance of
probabilities that the cash directly or indirectly represents the proceeds
of crime or is intended by any person for use in connection with any
criminal conduct
S.I. No. 167/1996 - the Criminal Justice Act 1994 (Section 44)
Regulations 1996 - currently sets the prescribed sum for the purposes of
section 38 of the Act at €6,349. The draft regulations I have laid before
the House will repeal the old regulations and reduce this limit to €1,000.
Section 44 regulations can only be made once the draft regulations have
been laid before, and approved by resolutions of, each House.
Provisional figures from the Revenue Commissioners indicate that over €8
Million has been seized by them under section 38 and almost €7 million
forfeited under section 39 since 2010.
The Annual Report of the Director of Public Prosecutions for 2014 notes
that almost 40 files were opened in relation to Section 39 applications
from both Revenue and Gardaí. In terms of forfeiture orders made in 2014,
there were 8 on the Garda side amounting to almost €390,000 and 24 on the
Revenue side amounting to almost €500,000.
Reducing the prescribed sum to €1,000 will ensure that Gardaí or Revenue
officials will be able to seize amounts above that level from gang members.
If we are to tackle organised crime, we must go after those at the top, but
also the foot soldiers who make it possible for gangs to carry out their
criminal operations.
I commend the motion to the House.