The Tánaiste and Minister for Justice, Frances Fitzgerald TD, has today published the Proceeds of Crime (Amendment) Bill. The Bill is part of the ongoing response to crack down on organised crime.
The Tánaiste said: “We will face down the current threat posed by criminal gangs and we will do whatever is necessary to ensure that nobody is above the law.
“This new legislation that I am publishing today will give the Criminal Assets Bureau (CAB) the power to seize property which they suspect to be the proceeds of crime for up to 21 days.
“This period will allow CAB to prepare an application to the High Court for an interim restraining order and prevent the disposal or dissipation of the property in the meantime.
“The other key measure in the Bill is to reduce the threshold value of property which can be pursued by CAB from €13,000 to €5,000. This will target the proceeds of crime held by middle to lower level henchmen. The relentless pursuit of those directing these gangs will also continue.
The Tánaiste has already announced her intention that the prescribed sum under section 38 of the Criminal Justice Act 1994 under which cash suspected of being the proceeds of crime may be seized will be reduced from €6,500 to €1,000 by way of a regulation.
“An Garda Síochána has done some really great work in dealing with the current situation and this legislation is aimed at helping this work. They have shown absolute determination and resolve in the face of unprecedented ruthlessness from these gangs. An extra €55 million, on top of the €5 million already announced, has been made available to An Garda Síochána this year to assist in the fight against these thugs.
“I want to make it clear once again that there will be no let up in the pressure we will put on these criminal gangs. Their outrageous actions are in total contrast to the dignity of the local communities in the face of the threat they pose. Those communities have the right to live safely and securely.”
ENDS
Note to Editors:
Link to Bill: http://www.oireachtas.ie/viewdoc.asp?DocID=33242&&CatID=59&StartDate=01%20January%202016&OrderAscending=0
Main provisions of the Bill:
· Section 3 inserts new sections 1A, 1b and 1C into the Proceeds of Crime Act 1996 providing for the administrative seizure and detention of property other than real property by the Criminal Assets Bureau (CAB). While a Bureau Officer may seize and detain the property for 24 hours on the basis of having reasonable grounds for suspecting it to be the proceeds of crime, the Chief Bureau Officer (CBO) can authorise its further detention for 21days. The CBO must be satisfied that: there are reasonable grounds for suspecting it to be the proceeds of crime; that the CAB is carrying out an investigation with a view to applying to the High Court for an interim order; and there are reasonable grounds for believing the property may be dissipated before an application to the Court could be made.
· Section 1B provides protections for affected persons by allowing them to bring a challenge to an authorisation by the CBO in the High Court. Section 1C provides for an application for compensation for losses incurred by the owner of the property if CAB fails to apply for or obtain an interim order from the Court. These provisions provide a necessary balance to the intrusion into the property and other rights of persons whose property is seized and detained.
· Sections 4, 5, and 6 amend the 1996 Act to reduce the threshold value of property subject to the Act from €13,000 to €5,000.