Justice and Equality: Corporate Fraud Legislation 22nd July 2013

QUESTION NO:  546
DÁIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Bernard J. Durkan
for WRITTEN on Thursday, 18th July, 2013. 

 *  To ask the Minister for Justice and Equality the extent, if any, to which his Department has studied the need for the introduction of modern purpose designed legislation to tackle the issue of corporate fraud and/or the activity of organised criminal gangs; if he has studied any particular issues in recent times which might identify weaknesses in the existing law in this regard; if he has given any consideration to amending existing law with a view to ensuring the minimisation of locations to which fugitives might have resort to when avoiding prosecution in this jurisdiction; and if he will make a statement on the matter.

                                                           – Bernard J. Durkan
 
REPLY.

There is extensive legislation on the statute book addressing fraud and organised crime.  The efficacy and appropriateness of criminal legislation is kept under ongoing review.   Amendments are considered in light of the experience of the Garda Síochána and the Office of the Director of Public Prosecutions in operating the legislation and in light of relevant rulings of the Irish courts and the Court of Justice of the European Union and the European Court of Human Rights.  White collar crime and organised crime were considered during the public consultation on the forthcoming White Paper on crime and will be addressed in the White Paper.
Ireland is party to a wide range of international instruments at United Nations, Council of Europe, European Union and bilateral level which provide for mutual legal assistance and extradition and persons are regularly extradited to Ireland to stand trial for crimes they are alleged to have committed here.  In similar vein to the criminal legislation mentioned above, these arrangements are kept under review in light of operational experience and relevant jurisprudence.