White collar crime unit needs 'substantial resources', new report shows

Justice Minister Helen McEntee will launch the report today. Picture:Gareth Chaney/Collins

Serious under-funding of the Garda unit aimed at tackling white-collar crime is hampering the State’s ability to tackle such criminals and “substantial resources” are now required, a new Government report concludes.

The report, Review of structures and strategies to prevent, investigate and penalise economic crime and corruptionwas written by former DPP James Hamilton and will be launched by Justice Minister Helen McEntee today.

The report, obtained by the Irish Examiner,concludes that “serious gaps” exist in legislation, “notably in relation to the delay in enacting updated legislation concerning standards in public office and the continuing failure to legislate in the area of pre-trial criminal procedure”.

The report, which makes 25 separate recommendations, finds that the resources of the Garda National Economic Crime Bureau are “inadequate” to meet existing demands as well as the increasing demands which will arise in the future.

“Resourcing of the Garda National Economic Crime Bureau (GNECB) has for some time been an impediment to the ability of the bureau to carry out its functions effectively. 

"The Review Group recommends that consideration be given to prioritising the GNECB with a substantial, sustained and ring-fenced increase in resources (including both additional Garda Detectives and civilian specialists),” the report states. 

This is necessary if the GNECB is to meet current and future investigative demands, develop its specialist expertise and capacity across all forms of economic crime and corruption, and provide crucial advice, training and (as required) seconded personnel to other investigative bodies.

The report also finds that co-operation between agencies is generally good but can be too dependent on personal factors and needs to be more structured and co-ordinated, particularly in the areas of prevention of corruption and public education,” it concludes.

The review group also recommends increasing the resourcing for the prosecution of financial crime to include additional prosecutors, along with a seconded specialist in digital forensics and a seconded forensic accountant.

“This is necessary to enable the prosecution services to deal with the larger economic crime cases submitted which do not fall within the remit of the Special Financial Crime Unit,” the report states.

It will enable the DPP to meet anticipated additional demands arising both from the Corporate Enforcement Authority Bill and from there commended expansion in GNECB capacity and provide more frequent training.

Meanwhile, Consideration should be given to making nepotism a criminal offence, a new Government report has suggested, just not for politicians.

The report called for a further strengthening of the criminal law including the possibility of amending the Ethics Acts to create offences in such areas as nepotism.

“This would be in the hiring or contracting of elected and appointed public officials, preferential treatment based on a person’s identity, and the improper use of influence. This recommendation may be carried forward in the proposed review, consolidation and reform of ethics in public office legislation,” the report stated.

A spokesman for the Department of Justice said the reference to nepotism falls within the general understanding of conflicts of interest and would include preferential treatment of a person based on identity for positions for which contracting or appointment are appropriate or the awarding of contracts.

However, the review group was not necessarily considering the appointment of family members by TDs and senators, which is a frequent subject of controversy.