Minister's proposals will give bureau greater access the financial records, writes Conor Lally.
New powers proposed for the Criminal Assets Bureau (CAB) will effectively relax the burden of proof at the outset of major investigations into the finances of suspected criminals.
The Minister for Justice, Mr McDowell, will put a series of measures to the Cabinet in coming weeks. Proposals to strengthen the bureau come at a time of continued success for it.
However, while the value of cash and assets seized and frozen in 2002 reached record levels, many criminals are escaping detection and continue to enjoy lavish lifestyles.
The latest information available on drugs seizures reveals the first half of 2003 was characterised by a massive surge in the quantities of drugs in the State.
The value of drugs seized in the first six months of the year, at over €67 million, is much greater than the €49 million seized in the whole of last year. This compares with €45 million seized in 2001 and €20 million in 2000.
Even though €49 million worth of drugs were seized during 2002, not to mention undetected shipments, CAB froze just under €7 million worth of assets and cash belonging to drug dealers in the period.
The €7 million value of assets frozen is more than twice the value of assets frozen in any year since CAB's establishment in 1996. Similar increases will be needed in coming years if the bureau is to maintain its reputation at home and internationally.
Ownership of some €10 million in drugs money was granted to CAB in 2002.
The new powers mooted for the bureau include provision for a production order.
The order would allow CAB greater access to financial records belonging to individuals whom gardaí believe to be engaged in criminal activity, but who have escaped conviction or even arrest.
At present that kind of discovery is granted to CAB only where individuals have a strong case to answer. Once records have been secured and suspect revenue flows identified, an individual would be forced to explain the money or risk losing it.
Other proposals favoured by Mr McDowell include measures to tackle bribery and corruption. The tribunals of inquiry on planning matters and payments to politicians have brought corruption into focus in recent years.
The CAB is currently investigating the finances of the Jackson Way company. It is likely to try to seize part or all of any compensation the company receives in respect of land which was compulsorily acquired for the South-Eastern Motorway.
However, it is understood investigations into other corruption matters which have arisen at the tribunals are much more difficult because they date back so far. The new powers for CAB are unlikely to bring progress. Either way the bureau will remain busy into the future.
In the first half of next year, at the latest, it will be forced to try to confiscate the Jessbrook home and stables of the convicted drug dealer John Gilligan. If the valuable property is seized and sold the proceeds will be returned to the State.
But if the orders on the property expire and the Gilligans are permitted to keep their estate it would be a major blow to the Republic's most effective crime-fighting body.