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Question

173. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her views on the use of the equitable remedy of disgorgement as a supplementary measure to possible criminal penalties in white collar crime cases. [12701/16]

Answer

Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I understand the Deputy's question to refer generally to the question of whether legislation is available or is proposed that allows for the confiscation of the benefits derived from criminal conduct.
Having regard to legislation within the remit of my Department, I can inform the Deputy that the provisions of the Criminal Justice Act 1994 set out the law in relation to the confiscation of benefits derived from criminal conduct following conviction on indictment in the Circuit Court. Under this scheme when an accused has been convicted of an indictable offence confiscation orders can be made against the accused to deprive him or her of the benefits of the crime. The process to confiscate post conviction under the 1994 Act is based on the civil standard of proof.
Of course, the Deputy might have in mind measures that would be more a feature of corporate enforcement law. The law in this regard, most notably the Companies Acts, would fall within the remit of the Department of Jobs, Enterprise and Innovation.
More generally, the Deputy may also be aware that the area of regulatory enforcement and corporate offences is currently the subject of work being undertaken by the Law Reform Commission which earlier this year published an Issues Paper on the subject for consultation as part of its current work programme.