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Minister Shatter publishes the Criminal Justice Bill 2011

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