CHECK AGAINST DELIVERY

 

Lord Mayor, Ladies and Gentlemen,

 

Thank you for coming here today to this White Paper on Crime consultation seminar focusing on white collar crime.  I would particularly like to thank guest speakers Professor Sandeep Gopalan and Dr. Shane Kilcommins as well as panellists Dr. Elaine Byrne, Chief Supt Eugene Corcoran and Det. Chief Supt Martin McLaughlin for their participation.  Thanks also to Dr. Barry Vaughan and the IPA for their assistance and, finally, to the Courts Service for the use of this magnificent building.

 

The nature of white collar crime and how society responds to it have long been the subject of academic debate.  That debate has increasingly moved into the public arena making today's consultation a very timely one.

 

It is painfully clear that the actions of persons in what I might call the white collar sector can have catastrophic consequences for society.  Where those actions involve breaking the law there is a clear and overwhelming public interest that the persons involved face justice.

 

It would not be appropriate for me here to go into any details about a major and complex investigation that is going on at present relating to events at Anglo Irish Bank.  I have at all times been careful not to say or do anything that would undermine or prejudice that investigation.  Obviously neither I nor the Government seek to direct investigations or decide whether people should face charges.  That is a cornerstone of our democratic system. 

 

Of course, I share the deep frustration that investigations of this kind, of their nature, take a long time. But posturing does not ground prosecutions.  Outrage - however understandable - cannot be included in a book of evidence.  The best thing we can do is let the Gardaí and the Office of the Director of Corporate Enforcement get on with their work, and refrain from saying or doing anything which undermines that. 

 

Some people have made fairly bizarre public comments about what the State should do in relation to people involved.  In my view, enough damage has been done to the country by the events at Anglo Irish bank already, without people suggesting, in effect, that we abandon the fundamental principle of respect for the rule of law.

 

Of course, it is right that we seek to learn what lessons we can from major investigations.  That is why earlier this year I asked the Garda Commissioner for his views on what changes in the law might be desirable in the light of their experience of investigations.  It is important to emphasise that there is no suggestion that the law is preventing progress in current investigations.  But the Commissioner did raise a number of issues with me and I am pursuing those, including in consultation with the Ministers for Finance, the Minister for Enterprise, Trade and Innovation and the Attorney General.

 

That brings me to the more general point that much of the law governing the area of white collar crime is not, in fact, a matter for my Department.  For example, company law is primarily a matter for the Minister for Trade, Enterprise and Innovation and banking law for the Minister for Finance.  But we felt that it would be wrong to produce a white paper on crime that did not deal with the crucial area of white collar crime in all its aspects.  I am sure my colleagues, Batt O'Keeffe and Brian Lenihan will not be slow to take on board suggestions for change that are in the public interest.

 

Today's consultation gives an opportunity to examine our responses to white collar crime in terms of prevention, detection, investigation, prosecution and penalties. The key-note speakers and panellists will give their own observations on the challenges faced in this respect, which I know will stimulate and enrich your discussion today.  We have invited a wide range of participants to this seminar which I am sure will be reflected in a diverse and dynamic exchange of views.

 

The publication of the most recent White Paper on Crime discussion document is the start of the penultimate phase of the White Paper process. Since the launch of the process last year, I have been heartened by the level and quality of the response to our consultations. Indeed, I know that some of you here today have already made valuable contributions to the earlier phases of the consultation project.

 

This process is leading to a White Paper on Crime which will be published next year.  It will, I believe, be a significant milestone in the ongoing development of crime policy in Ireland and will provide a framework for how we tackle crime into the future.

 

Your deliberations here today and any written submissions you wish to make on today's topic will inform the shape and content of the White Paper.

 

Thank you all again for giving us your valuable time and I wish you well in your work here today.