Paul Donnelly
Question:537. Deputy Paul Donnelly asked the Minister for Justice for an update on the Proceeds of Crime (Amendment) Bill; and when this Bill will move to the next stage. [29681/24]
View answerTuesday, 9 July 2024
Questions (537)
Written answers
As the Deputy will be aware, the purpose of the Proceeds of Crime (Amendment) Bill is to strengthen the State’s ability to target the proceeds of crime. Ongoing review of the operation of the civil forfeiture regime in Ireland (grounded in the Proceeds of Crime Act 1996) has identified a number of areas of improvement, and the Bill will propose refinements to the regime informed by legal and operational developments.
The major provisions of the Bill include:
• A reduction from seven years to two years in the time between an order being made that assets are the proceeds of crime and a final disposal order being available in respect of those assets.
• Immediate appointment of a receiver to assets solely for the purpose of depriving respondents of the benefit of those assets.
• Limitation of respondent's ability to reopen the question of whether assets are proceeds of crime at the point of a disposal order being sought.
• A counterbalancing extension of the availability of compensation for respondents, if, after disposal of the asset, they can show that the asset was not the proceeds of crime.
• Enhanced restraint and asset detention powers prior to the High Court process.
• Improved domestic and information exchange powers.
The General Scheme of this Bill was approved on 16 January 2024. The General Scheme was referred by the Minister for Justice to the Joint Committee on Justice for pre-legislative scrutiny on 25 January 2024 and the Committee met on 16 April 2024 for its consideration. The Department received the pre-legislative scrutiny report on 15 May 2024, which was published by the Committee. Drafting of the Bill is being completed and the Bill will be published in the coming months.
Question No. 538 answered with Question No. 536.