Draft legislation aimed at strengthening the powers of the Garda Síochána in cases of complex crime including “white collar crime” and reducing legal or procedural “roadblocks” which are perceived to be delaying factors in investigating complex crime in Ireland is currently being debated by the Dáil (lower house of the Irish Parliament).
The draft legislation, if enacted, will apply to a very broad range of offences relating to:
- Banking, investment of funds and other financial activities
- Company law
- Money laundering and financing terrorism
- Theft and fraud
- Bribery and corruption
- Competition and consumer protection
- Crime relating to electronic communications networks and information systems
- The raising and collection of taxes and duties
The draft legislation provides for:
- The entitlement of the Gardaí to suspend the detention of an arrested person in certain circumstances where the Gardaí have reasonable grounds to believe that it is necessary to make further enquiries or investigations
- The prohibition against the questioning of a detained person until such time as that person has had an opportunity to consult with a solicitor. However, the period of time from when the detained person requests to consult a solicitor to the commencement of such consultation shall be excluded from the period of detention
- If ordered by a District Court judge, the Gardaí can procure the production of documents and information from persons in order to assist them in their investigations
- If ordered by a District Court judge, the Gardaí can obtain information that is privileged legal material
- New powers of the Gardaí to question an accused person in custody during the hours of Midnight and 8 a.m.
The draft legislation also introduces a new offence for persons who know or suspect that the Gardaí are investigating a complex crime and they fail to disclose relevant information, without a reasonable excuse, as soon as practicable to the Gardaí.
Contributed by Ian Murray.
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