CHECK AGAINST DELIVERY 

Chairperson, distinguished guests, ladies and gentlemen,

I am very pleased to open this conference on white collar crime. I would like to thank the Irish Criminal Bar Association for affording me the opportunity to address you on an area of law which is of particular interest to me. It is a matter which is relevant, not only to the legal professions, but to society in general.

A fundamental principle of criminal justice is that the person who commits a crime should be brought before the courts and made accountable. The faith of the Irish people in that principle as applied to financial wrongdoing has been severely tested in recent times. The public are concerned that the investigation and prosecution of white collar crime in this country is taking too long. The complexities of financial crime create a high challenge for investigators and for prosecutors. However, we must find ways to ensure that no matter how complex the crime, no matter how important, wealthy or influential the wrongdoer may be, he or she must be brought before the courts.

The Government in its Programme for Government is unambiguous in its commitment to the principle that the white collar criminal must be made amenable for his or her crime. As Minster for Justice and Equality, my top priority is to restore the faith of the Irish people that this principle will be as vigorously applied to white collar crime as it is to all other crime. Justice delayed is justice denied.

In the coming weeks I will bring forward a Criminal Justice Bill to address delays in the prosecution and investigation of complex crime. The proposals in the Bill are based on the experiences of those involved in investigations and prosecutions of white collar offences, and in particular on the experiences of those involved in current investigations into bank fraud and financial irregularities. My intention is to ensure that the new procedures and powers provided for in the Bill will speed up future investigations and prosecutions. However, it is also my intention that the provisions in the Bill will be available to the investigators to speed up major investigations currently underway. Accordingly, I intend to act quickly to publish this Bill and have it brought through the Oireachtas for enactment as a matter of priority.

The Bill’s main purpose is to improve certain important procedural matters and strengthen Garda investigative powers. 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. The complexity of recent investigations and the volumes of documents involved have shown that it is not always possible to complete questioning and check facts in one period of detention.

The Bill will include new measures relating to how information is to be provided to the Garda Síochána to assist in the investigation and prosecution of these crimes.

Experience with recent investigations has shown that some potential witnesses have been reluctant to make statements assisting the Gardaí in their investigations. The Bill will ensure that any person with relevant information can be required to produce documents, answer questions and provide information for the purposes of the investigation of relevant offences. This will be done by means of applications to the Court by the Garda Síochána for orders requiring the production of documents or the provision of information, whether by answering questions or making a statement containing the information. A person who fails to comply with such an order, or who provides false or misleading information, will be guilty of an offence.

I will also introduce new detailed measures relating to the production of documents required for the investigation and prosecution of complex crimes. These provisions should help to reduce the delays associated with the disclosure of large volumes of poorly ordered and uncategorised documents to the Gardaí in the course of their investigations.

Access to documents by Gardaí can be severely delayed by claims of legal privilege. The Bill will contain provisions aimed at reducing such delays. Under the new provisions, where a person refuses to disclose a document to the Garda Síochána pursuant to a Court order under the Bill on the grounds that it is privileged legal material, an application may be made to the Court for a determination as to whether the document is privileged legal material. This procedure should help to avoid unnecessary delays in the resolution of claims of legal privilege.

Finally, the Bill will provide for a new offence, similar to the former misprision of felony offence, which relates to the failure to report information to the Gardaí. The offence will apply to a person who has information which he or she knows or believes might be of material assistance in preventing the commission of a relevant offence or in securing the apprehension, prosecution or conviction of another person for such an offence. A person who fails without reasonable excuse to disclose such information as soon as practicable to the Garda Síochána will be guilty of an offence.

I am introducing this Bill quickly to deal with issues that are currently causing problems and delaying or potentially delaying the investigation and prosecution of white collar crime. It is an important step in ensuring that the white collar criminal will be vigorously pursued by the authorities of this State. If more is needed, then more will be done.

The Government is of course committed to addressing all aspects of white collar crime and my proposals go beyond the measures to be contained in the Criminal Justice Bill. The Programme for Government reflects this fact. We have made it clear that we also intend major reform and consolidation of the law on corruption. We intend to strengthen the powers of the Criminal Assets Bureau in relation to forfeiting the proceeds of crime and in this respect I have already instructed my officials to engage with the Bureau to hear directly how it can best be strengthened.

The subject of while collar crime has also been a key component in the White Paper on Crime process underway in my Department. It was addressed specifically in a consultation seminar held late last year along with a discussion document and a call for written submissions. A wide range of detailed submissions were received and these have provided important insights into this complex issue. A report on the submissions received will be published shortly and will feed into the deliberations leading to the White Paper itself. So too will the contributions and debate scheduled for today.

The ultimate objective of the White Paper process is to provide a comprehensive framework for future crime policy. If this framework is to have credibility and protect society in the broadest sense, it is vitally important that it addresses white collar crime as well as so called 'street crime'.

We must put an end to any hint of a culture that sees less culpability on the part of a white collar thief when compared to a mugger on the street. Those who have, through greed, abused the responsibility and influence of their positions, in financial institutions or elsewhere, cannot be seen as the authors of victimless crimes. These people, with the means to hide money in an offshore fund, should have no advantage over the mugger who stuffs it in his pocket. It is my intention to ensure that our republic treats all its citizens equally, both when they abide by the law and when they breach it. We must end the widespread perception of impunity.

The last few years in particular have shown us that we have to continue to search for new and better ways to tackle white collar crime. The debate on how we do this must be ongoing. I thank the Irish Criminal Bar Association for their initiative in holding this conference at this time. Judging from the list of excellent speakers who will address this conference, I am confident that the discussions here today will be an important contribution to that debate.

Finally, may I once again express my appreciation to the Irish Criminal Bar Association for organising today's conference and wish all of you well in your discussions today.