Millions could be seized by a new State anti-corruption agency from people criticised by the Flood tribunal using High Court orders to freeze their assets, the Government has said.
The Corruption Assets Bureau, first mooted by the Taoiseach, Mr Ahern, during his presidential speech to the Fianna Fail ardfheis, will operate along similar lines to the Criminal Assets Bureau.
Reports of tribunals currently cannot be used to launch criminal prosecutions against individuals. Instead, a case taken by the Director of Public Prosecutions has to be proven from scratch.
Once created by legislation, the Corruption Assets Bureau would be able to send a Garda superintendent to the High Court to seize assets of people found by a tribunal to have committed corruption.
The Government said the new body would be able to act retrospectively and use the reports of the Flood tribunal and others in recent years to launch High Court actions.
The Government Chief Whip, Ms Mary Hanafin, said: "That is what people want. People are very angry about this report. They want to see action. So do I. As the law stands, the report of a tribunal of inquiry is, in the words of the Supreme Court, 'sterile and of no legal effect'".
Though part of the Programme for Government, the decision to give some additional details about the operation of the proposed body was made in a bid to put the Government in a better light in the eyes of voters.
The new body would be able to act retrospectively because it would operate to a civil, and not criminal, level of proof, said Ms Hanafin. The High Court would also be able to trace assets corruptly bought, or whose value was enhanced by corruption.
Reports of tribunals such as that of Mr Justice Flood are "valuable documents". "We want to see them used," said Ms Hanafin.
"The High Court will be given statutory power to adjust the value of assets corruptly received into current day values. For example, if a person corruptly received £1,000 in 1960 and bought a house with that money the High Court will be entitled to order that the current day value of the house be frozen or forfeited," she went on.
"The proceeds will be held by the Irish people. In this way, we will restore the benefits wrongly taken from the Irish people through corruption of those engaged in public service or holding elected office," she said.
Despite warnings in 1996 that the CAB would itself fall foul of the law, it has proven to be a major success. It has put interim restraint orders on €11m worth of assets, and seized a further €14m outright.
In addition, action by the CAB has led to the payment of €56m worth of back taxes, along with over €36m in interest. In addition, Social Welfare savings have amounted to over €1.2m.
Under the Proceeds of Crime Act 1996, introduced after the assassination of journalist Veronica Guerin, the CAB can freeze assets worth more than €13,000 for up to seven years if it can show that they are the proceeds of crime.
The CAB's success has prompted the British Government to plan a copycat body, to be known as the Criminal Assets Recovery Agency, to work in England, Wales and Northern Ireland.
In particular, the Northern Ireland authorities are investing considerable faith in a belief that it will be tackle the drug-running operations operated by loyalist paramilitaries.
