Assets to be disposed of faster under new plans for Criminal Assets Bureau

Cabinet approves terms of reference for tribunal of inquiry into the Defence Forces’ handling of bullying and sexual assault allegations

The logo on a jacket of a member of the Criminal Assets Bureau  carrying out searches on homes and businesses in Dublin targeting the activities of a south inner city-based crime group linked to David Byrne, who was murdered in the Regency Hotel.  PRESS ASSOCIATION Photo. Picture date: Wednesday March 9, 2016. See PA story POLICE Raids Ireland. Photo credit should read: Niall Carson /PA Wire
New legislation will reduce from seven years to two the period that must normally elapse before criminal proceeds may be confiscated following the court decision that an asset is a proceed of crime. Photograph: Niall Carson/PA Wire

The Criminal Assets Bureau (CAB) is to be strengthened with stricter measures to be introduced around the disposal of assets, as part of new plans being introduced by Minister for Justice Helen McEntee.

At present, property seized by the CAB may only be sold once a disposal order has been given by a court. New legislation will reduce from seven years to two the period that must normally elapse before criminal proceeds may be confiscated following the court decision that an asset is a proceed of crime.

A receiver will also be immediately appointed to deprive criminals from benefiting from the asset. This means that the property will be in the possession of a receiver, and will not be available for use by the person being pursued by the CAB.

Ms McEntee has received Cabinet approval for new measures under the the Proceeds of Crime (Amendment) Bill, which will also limit a person’s ability to reopen the question of whether assets are actually proceeds of crime.

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Meanwhile, the Cabinet also approved the terms of reference for a tribunal of inquiry into the Defence Forces’ handling of bullying, harassment and sexual assault allegations.

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The tribunal will examine the effectiveness of the complaints processes in the Defence Forces in respect of workplace incidents relating to discrimination, bullying, harassment, sexual assault and rape.

Ms Justice Ann Power has been appointed to chair the tribunal.

The Women of Honour group said they were not given sight of the terms of reference for the forthcoming tribunal before it was approved by Cabinet. A Government spokesman said there had been extensive consultation between officials and the group in recent months.

Chief of Staff Lieut Gen Seán Clancy said the “Defence Forces is fully committed to co-operating with the tribunal in the course of their work.”

Tánaiste Micheál Martin also announced the appointment of Kevin Duffy as the independent chair of a new working group to develop a complaints process for civilian employees and civil servants who work with the Defence Forces.

“I am very grateful to Kevin Duffy for agreeing to chair this working group. He brings a wealth of experience and expertise to this role, which I have no doubt will prove invaluable to the group in its deliberations.”

The tribunal will also have the power to investigate the response to complaints made regarding the use of hazardous chemicals within Air Corps’ headquarters at Casement Aerodrome, Baldonnel.

The Cabinet separately agreed to a timed amendment to a Labour Bill which would provide 20 days’ paid time off for pregnancy loss and 10 days for accessing fertility treatments, effectively delaying the Bill’s progress for 12 months.

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The Dáil returns on Wednesday with Sinn Féin planning to bring a motion which will seek to implement stamp duty of at least 17 per cent on the purchase of homes by investment funds to stop the practice of bulk buying. Currently stamp duty is charged at 10 per cent for such sales.

Minister for Finance Michael McGrath received agreement from Cabinet to table a counter motion with the Government set to argue that institutional investment in commercial and residential property is “critically important” in order to generate the additional supply of homes.

The Government will argue that institutional investors accounted for 9 per cent of total purchases in 2022 and 4 per cent of all houses.

The motion is in light of recent bulk purchase of 46 homes in Belcamp Manor, Dublin.

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Jennifer Bray

Jennifer Bray

Jennifer Bray is a Political Correspondent with The Irish Times