NEW MEASURES to combat white-collar crime, including a consolidated Corruption Bill and increased whistle-blower protection, have been announced by the Minister for Justice.
Speaking at the annual dinner of the Law Society last night, Dermot Ahern said: “Any renewed prosperity must also bring with it reformed systems, strong laws and regulations to ensure that it is just not possible to play fast and loose with the economic and financial system.”
He said he intended to introduce a series of measures to update and strengthen the Government’s approach to white-collar crime. These would include formally requesting the Garda Commissioner to bring forward proposals for change in the criminal law; blanket whistle-blower protection for reporting suspicions of corruption; a consolidated Corruption Bill and a White Paper consultation on white-collar crime.
The whistle-blower protection would cover all offences in anti-corruption legislation going back to 1889. “Let me be clear what that means: it will provide protection to any person, in any sector, reporting suspicions of corruption in good faith,” he said.
Referring to the need for a new anti-corruption law, he said: “In my view the number and variety of laws dealing with corruption matters on the statute book is unsatisfactory and understandably confusing for many people. I want to make the law clearer, easier to access and, where necessary, tougher in this area. I will shortly bring the Prevention of Corruption (Amendment) Bill before the Dáil committee with a view to securing its early enactment.”
He said that the Garda was already engaged in criminal investigations into white-collar crime. The experience gained would enable them to make proposals to help bring offenders to justice as expeditiously as possible. In addition, he would be asking the DPP to provide his detailed views on reform in this area to the Attorney General.
He said he would then shortly bring proposals to Government to begin preparation of a consolidated Corruption Bill which would bring all of the relevant anti-corruption measures together in a single statute.
In addition, the White Paper on crime being prepared in the Department of Justice would give priority to tackling white-collar crime. “Shortly I will publish a White Paper consultation paper on this issue and will invite submissions and comments from all quarters,” he said.
He also said he would shortly bring the scheme of the Judicial Bill to Government. The council would support excellence in the exercise by judges of their judicial function. It would have a committee which would consider and investigate complaints, and this would have lay participation, he said.
He also announced the selection and appointment of a legal services ombudsman later this year, following a public, competitive process. The first report he or she would be asked for by the Minister would relate to access to the legal profession, focusing, not on numbers, but on diversity, specifically on access to the profession by those of different social classes and ethnic minorities.
The law providing for an ombudsman to oversee the disciplinary proceedings of the legal professions and prepare reports for the Minister was passed last year.
“We need to know if there are structural or financial impediments in the training regimes for barristers and solicitors which prohibit the brightest and the best from less well-off backgrounds becoming lawyers. We need to isolate those impediments and remove them,” he said.
“Equally, we need to isolate the impediments for ethnic minorities or people with a disability. I acknowledge that some of the changes that may need to be made might require Government assistance.”
He acknowledged that the Law Society did seek to help through its access scheme, and said that the paid trainee solicitor system means that the issue of potential social exclusion may be more pronounced for potential barristers than solicitors.
He also said that a system of internships for unemployed newly qualified solicitors, which had begun with placements with the Legal Aid Board, would be expanded, subject to acceptance of the Croke Park deal.