The Minister for Justice, Frances Fitzgerald, has announced new measures to tackle organised crime.
They include giving the Criminal Assets Bureau more powers and new legislation to target the proceeds of crime and a new Special Crime Taskforce to focus on gangland activities.
The Justice Minister says there will be “no let up” in the fight against gangland crime.
Under the new laws, the Criminal Assets Bureau will have the power to freeze assets immediately if they may be the proceeds of crime.
It will also be able to seize cash sums more than €1,000 if they may be connected with crime.
The Tánaiste told the Cabinet she intends to bring more proposals that would enhance garda powers to intercept communications and carry out covert surveillance.
She said: “I intend to introduce legislative measures to strengthen the powers of the Criminal Assets Bureau to make it easier to seize assets and money from criminals.”
The new legislation will reduce the threshold of assets which are suspected to be the proceeds of crime that can be frozen immediately under the Proceeds of Crime Act 1996 from €13,000 to €5,000.
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.
Ms Fitzgerald also proposed to update the legislation for the lawful interception of communications and for covert electronic surveillance.
The Tánaiste said: “Next week I intend to meet my colleagues from Spain, Belgium and the
Netherlands in relation to the transnational dimensions to organised criminal activity.”
The Tánaiste new measures to tackle organised crime are:
CAB Power to seize property
To provide the Criminal Assets Bureau with the power to seize property quickly to prevent its removal or scattering prior to an application being made to the Courts under the Proceeds of Crime legislation for its freezing.
Between the instigation of an investigation into the proceeds of crime and the making of an application under section 2 of the Proceeds of Crime Act 1996 there is potential for criminal assets to be dissipated.
It is proposed to provide for a power of administrative restraint in those circumstances.
This will provide for the seizure and detention of goods, monies, or instrumentalities of crime which a Bureau officer has reasonable grounds for suspecting represent the proceeds of crime. Such a power shall last for a specified period after which an application under section 2 of the Proceeds of Crime Act must be made to the High Court.
Freezing and confiscation of property – threshold
Section 2(1) of the Proceeds of Crime Act 1996 requires property to be of a value no less than €13,000 before an interim order can be made by the Court. The proposed amendment will allow the measures contained in the Proceeds of Crime Act to be triggered in circumstances where the value of the property is €5,000. The provision is being introduced in support of the work of the Bureau in targeting the proceeds of crime held by middle to lower level actors in localised organised crime activity.
Seizure of cash – threshold
To lower the sum prescribed for the purposes of section 38 (Search for, Seizure and Disposal of money gained from, or for use in, criminal conduct) of the Criminal Justice Act 1994. Section 38 allows for the seizure and disposal of money gained from, or for use in, criminal conduct.
Powers under this section may be exercised by members of the Garda Síochána or an officer of customs and excise where he or she has reasonable grounds for suspecting that it directly or indirectly represents the proceeds of crime or is intended by any person for use in any criminal conduct. S.I. No. 167/1996 Criminal Justice Act 1994 (section 44) Regulations 1996 currently sets the prescribed sum for the purposes of section 38 of the Act at €6,500.
It is proposed to reduce this limit to €1,000 to enhance the powers of An Garda Síóchána and the Revenue Commissioners in the seizure of cash amounts.
