The Minister for Justice, Equality and Defence, Mr Alan Shatter T.D., today
published the Criminal Justice Bill 2011.
The Minister said “I am pleased to announce the publication of this Bill
which is an important step in delivering on the Government’s strong
commitment to tackle white collar crime as set out in the Programme for
Government. Publication of this Bill was a priority to be delivered within
the first 100 days of Government. We have now delivered on that commitment
and it is a vital objective to complete enactment of this ground breaking
Bill prior to the summer recess.”
The main purpose of the Bill is to facilitate the more effective
investigation of white collar crime and to reduce associated delays. The
proposals in the Bill are based on the experiences of those involved in
investigations and prosecutions of these types of offences, and in
particular on the experiences of those involved in current investigations.
The intention is to ensure that the new procedures and powers provided for
in the Bill will speed up both future and current investigations and
prosecutions.
Minister Shatter continued: “I am introducing this Bill to deal with issues
that are currently causing problems and delaying or potentially delaying
the investigation and prosecution of white collar crime. While the
complexities of financial crime are challenging for investigators and for
prosecutors, this Government is committed to restoring the faith of the
people in our legal system by ensuring that action is taken to end the
perception of impunity for the white collar criminal. We intend to take
strong action to ensure that all those who commit offences, whether they be
white collar criminals or otherwise, will be made accountable before the
courts. This Bill is an important step in ensuring that the white collar
criminal will be vigorously pursued by the authorities of the State.”
The Bill is being 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,
corruption, competition, consumer protection and cybercrime.
The proposals in the Bill include:
· A new system to make more effective use of detention periods. This
will allow persons arrested and detained for questioning by the
Gardaí to be released and their detention suspended so that further
investigations can be conducted during the suspension period.
· New powers for the Garda Síochána to apply to court for an order to
require any person with relevant information to produce documents,
answer questions and provide information for the purposes of the
investigation of relevant offences. Failure to comply with such an
order will be an offence.
· Measures relating to how documents are to be produced to the Gardaí.
These measures are aimed at reducing the delays associated with the
production of large volumes of poorly ordered and uncategorised
documents to the Gardaí in the course of their investigations.
· Measures to prevent unnecessary delays in investigations arising from
claims of legal privilege.
· The creation of a new offence, similar to the former misprision of
felony offence, which relates to the failure to report information to
the Gardaí.
Minister Shatter added that he is availing of the opportunity presented by
the Bill to clarify two matters relating to the questioning of detained
persons generally: the circumstances in which a detained person may be
questioned between the hours of midnight and 8 a.m.; and the extent of the
right of a detained person to have access to legal advice prior to
questioning.
The Bill is available on the Oireachtas website -
www.oireachtas.ie