Minister for Justice Alan Shatter is to introduce new legislation on white collar crime within six weeks that will deal with current and future investigations.
The Bill will target serious and complex offences attracting a custodial sentence of at least five years, including offences in banking and financing, company law, money laundering, fraud, corruption, competition, consumer protection and cybercrime.
Mr Shatter told a conference in Dublin today, organised by the Criminal Bar Association and Clarus Press, that many measures in the Bill were based on recent investigations where the gardaí encountered potential witnesses who were reluctant to make a statement. He said the measures go beyond those in the Criminal Justice Bill.
He said the legislation will strengthen An Garda’s investigative powers, allowing people detained for questioning to be released and their detention suspended while further investigations take place.
It will also contain provisions to ensure that any person with relevant information be required to produce documents, answer questions and provide information during the investigation of serious offences.
It will also create the new offence of failing to report information to the gardaí. “Anyone who fails to co-operate or who obstructs an investigation could find themselves subject to criminal prosecution,” he said.
It will also contain 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.
Under the Bill gardaí will be able to apply to court for a decision on whether a claim of legal privilege over a document is valid.
In addition to this, he said the Government will introduce reform and consolidation of corruption law.
It will 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 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."