MINISTER FOR Justice Alan Shatter is to introduce legislation on white-collar crime, which will deal with both current and future investigations, within the next four to six weeks.
Mr Shatter was speaking at a conference in Dublin on white-collar crime organised by the Criminal Bar Association and Clarus Press.
The Bill will be targeted at serious and complex offences attracting a penalty of at least five years’ imprisonment, including offences in banking and financing, company law, money laundering, fraud, corruption, competition, consumer protection and cybercrime.
Mr Shatter said many of the measures in the Bill resulted from the experience of recent investigations, where the Garda had discovered that some potential witnesses had been reluctant to make statements assisting the Garda.
He said the measures went beyond those currently in the Criminal Justice Bill.
The new Bill will strengthen Garda investigative powers, allowing people detained for questioning to be released and their detention suspended while further investigations take place.
It will contain provisions to ensure that any person with relevant information can be required to produce documents, answer questions and provide information for the purposes of investigating serious offences. There will be a new offence of failing to report information to the Garda.
“Anyone who fails to co-operate or who obstructs an investigation could find themselves subject to criminal prosecution,” he said.
It will also contain new detailed measures relating to the production of documents, aimed at reducing the delays associated with the disclosure of large volumes of poorly ordered and uncategorised documents.
It will also enable the Garda to apply to court for a decision on whether a claim of legal privilege over a document is a valid one.
In addition to these measures, he said the Government would introduce reform and consolidation of the law on corruption. It would also strengthen the powers of the Criminal Assets Bureau in relation to forfeiting the proceeds of 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,” he said.
“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,” the Minister added.