Jim O'Callaghan: Faster Powers to Seize Criminal Assets

Minister, you have 10 minutes to make a contribution. Go raibh maith agat, Ceann Comhairle. Can I move that the Bill be now read a second time. I'm pleased to introduce to the Senate the Proceeds of Crime and Related Matters Bill. As we all know, organised crime inflicts a huge amount of damage on communities, preys on vulnerable people, and of course behind it all is fuelling a ruthless drug trade. And too often, criminals blatantly flaunt their illicit wealth on our streets, and that creates a corrosive culture where hard-working, law-abiding citizens feel the system is failing them, while criminals operate beyond the reach of the law. We know that we have had a strategy in this country now for nearly 30 years that we go after and we seize the assets of criminals. It was initiated after the murder of journalist Verónica nearly 30 years ago and we should, I think, reflect on the great success of Ireland's pioneering framework that established the Proceeds of Crime Act back in 1996 and the Criminal Assets Bureau Act of the same year. This is now an internationally recognised model and it's built on two foundational elements. First, a system of civil forfeiture that builds a case around the unlawful origin of assets and the Criminal Assets Bureau. By bringing together Gardaí, Revenue, Social Protection Officers and other specialists, CAB leverages cross-agency intelligence to target profit-driven criminality. And to date, this approach has successfully seized and returned over €220 million to the exchequer. The legislation introduces three central reforms to strip criminals of their assets much faster than is currently possible. In the Bill before the House, after the High Court rules that an asset is deprived from crime, the State must wait seven years before assuming final ownership through a disposal order. This Bill reduces that period to two years, ensuring that criminals cannot continue to exploit their frozen, ill-gotten gains. Secondly, once an interlocutory order is made, this Bill provides for the automatic appointment of a receiver, subject to the avoidance of a serious risk of injustice. This measure is expressly designed to secure immediate possession of the assets and deprive the respondent of any ongoing benefit and use of the property pending final disposal. Third, this Bill equips the Criminal Assets Bureau with new mechanisms to freeze suspected illicit funds at the very earliest stages of an investigation. A new administrative payment freezing direction can be issued by a senior Bureau officer for up to seven days, while a payment freezing order may be made by the District Court for a period of up to 90 days, and may be renewed by the Court for as long as it's deemed necessary and proportionate to do so. These tools empower CAB to act instantly on intelligence, preventing the transfer or dissipation of money while a full investigation is conducted. Crucially, these enhanced powers are carefully balanced with the protection of fundamental rights, and are anchored by robust judicial oversight. The District Court will supervise the new powers for asset detention and account freezing, while the High Court retains exclusive authority over major decisions such as appointing receivers and ordering final asset forfeiture. At every step of the process, a judge must be fully satisfied that the actions taken are reasonable, necessary and proportionate to prevent any serious risk of injustice. Ultimately, these reforms will create a highly streamlined and effective system. The state will be far better equipped to swiftly deprive criminals of their wealth, disrupt their enterprises and redirect those funds back to the exchequer for the benefit of all citizens. At the heart of this effort is the Community Safety Fund. This vital initiative redirects the proceeds of crime directly back into our communities. By doing so, we're able to fund innovative local projects that share a single unified goal, building stronger, safer communities. Since its initial launch in 2022 as the Community Safety Innovation Fund, we've seen the profound impact it can have. To date, it has successfully supported 127 community safety projects right across Ireland. The sheer volume and breadth of the applications we received for the fund demonstrates beyond any doubt the immense value of this initiative. I wish to highlight that applications for the 2026 Community Safety Fund opened last Monday, the 13th of April, and the total fund value for 2026 is €4.75 million, which represents an increase of 58% since the fund was initially launched back in 2022. I welcome applications from community safety initiatives and I would remind senators that they should inform their constituents or organisations that come within their responsibility of the fund that's available and how people can apply. You're able to make an application on my department's website because that's where the application is available, including details how to register for a webinar which will be held on the 21st of April. It aims to support organisations to prepare their applications. I now care to just take you briefly through the bill and the specific sections. There are 19 sections in it. Part 1 of the bill comprises sections 1 or 2, which are standard provisions. Part 2 of the bill amends the Proceeds of Crime Act 1996. Section 4 amends section 1a of that Act. Currently, 1a allows for the seizure and detention of movable property by CAB for an initial 24 hours, which can be extended for a further 21 days. Section 4 amends the provision to allow a CAB officer to apply to district court for further extensions of the detention period. The judge may authorise continued detention in increments not exceeding 28 days up to a maximum aggregate time of 90 days, provided there are reasonable grounds to suspect the property represents proceeds of crime. Section 5 introduces new powers to freeze financial accounts. A senior bureau officer can issue a payment freezing direction to place and administer freeze on account for up to seven days, allowing time to conduct a preliminary investigation. Following this, CAB can apply to the district court for a payment freezing order for a period of up to 90 days. Section 8 amends section 4 of the 1996 Act, cutting the waiting time required before the High Court can make a final disposal order to seize criminal assets from seven years down to just two years. This reform ensures that the court has decided assets are derived from crime, they are seized much more quickly. Section 9 is a consequential amendment to section 4a of the 1996 Act, which governs consent disposal orders. It removes the current time limitation, providing the flexibility for CAB and a respondent to agree to the forfeiture of an asset at any stage while an interlocutory order is enforced, thereby avoiding needless litigation. Section 11 strengthens the powers of receivership by amending section 7 of the 1996 Act. It creates a mandate for the court to appoint a receiver upon application when an interlocutory order is enforced. The receiver's purpose is now explicitly enshrined in law as being to deprive the respondent of the ongoing benefit and use of the property. Within part 2 there are also several technical and consequential amendments set out in sections 6, 7, 10, 12, 13 and 14. Part 3 of the bill seeks to ensure that the broader legislative framework is aligned and effective. Section 15 amends the schedule to the National Archives Act 1986 by adding Criminal Assets Bureau to the list of bodies. Section 16 amends section 43 of the Criminal Justice Act 1994 to harmonise the definition of cash and bearer negotiable instruments with regulation 1672 of 2018. Section 17 amends the Criminal Assets Bureau Act 96 to enhance the operational capacity of the Bureau. Firstly, it allows non-Garda experts in the Bureau to attend and participate in Garda interviews. It also explicitly extends the anonymity protections for CAB officers to cover them even after they've ceased to be officers of the staff. Section 18 amends section 16 of the Terrorist Offences Act. Mirroring the changes made in section 8, this section reduces the waiting period before a disposal order can be made in relation to terrorist funds from seven years to two years. Section 19 is a technical provision amended in section 22 of the Criminal Justice Corruption Act 2018 that aligns anti-corruption legislation with the 1994 Act. As the bill passed through the Dáil, I noted the remarkable unanimity across that House. I suspect that will be here as well. Regardless of our political affiliations, we share a resolute determination to tackle organised crime, to dismantle the gangs that bring drugs and devastation into our communities, and to assure that in this stage crime does not pay. There are a number of matters I intend to return to at the committee stage, and I'll flag the most notable of these through the information in the House. The first concern is the transfer of the main domestic functions under part 4 of the Mutual Assistance Act 2008 relating to the execution, enforcement, and realisation of external confiscation orders from the office of the DPP to CAB. These amendments would not alter the underlying mutual assistance framework, the role of the central authority, or the supervisory role of the High Court. Second, I also propose to introduce further amendments to specifically target and regulate cryptoassets. This updated regime will equip law enforcement with tailored powers to freeze and seize these assets. Many details will merit debate, and I look forward to working with senators as the bill progresses. We'll have an opportunity again at second Sian at committee stage to look at a number of matters in terms of what the bill does and does not cover. I commend this bill to the House, and I look forward to hearing what senators have to say. Thank you.