White collar crime - Inquiries are taking far, far too long

WHEN he introduced the Criminal Justice 2011 Bill to the Dáil some weeks ago Justice Minister Alan Shatter promised that the legislation would “put an end to any hint of a culture that suggests the white collar criminal is a protected species”.

Let’s hope it does so quickly because our justice system, and the faith we must have in it, is being undermined every day that passes without some sort of action, even an announcement that there won’t be any action, against some of those at the centre of our banking scandals.

Some days after Mr Shatter’s declaration Director of Public Prosecutions James Hamilton said that the length of time involved in deciding to prosecute cases involving Anglo Irish Bank is because of Ireland’s adversarial system rather than any lack of resources in his office. It’s the system, not us, he insisted.

Earlier last month High Court judge Mr Justice Peter Kelly expressed deep concern at the pace of the two-year inquiry into the affairs of Anglo Irish Bank. Refusing to grant a further six-month extension to the investigation by the Director of Corporate Enforcement and the gardaí the judge said the progress of the inquiry “is not at all satisfactory”.

Mr Justice Kelly was not the only judge to express disquiet on these matters. Mr Justice Frank Clarke recently said it was “very surprising indeed” that little action had been taken in the case of struck-off solicitor Thomas Byrne despite Mr Byrne’s admissions in court about his behaviour.

Making another contribution to this increasingly incredible and offensive saga the Director of Corporate Enforcement Paul Appleby, launching his office’s annual report yesterday, said that he intends to seek an extension on his investigation into Anglo Irish Bank beyond the July 28 deadline set by Mr Justice Peter Kelly in the High Court last month. Mr Appleby pointed out that more than 10 witnesses are refusing to co-operate with the investigations.

What a pity the Criminal Justice 2011 Bill is not in place to deal with this brazen two fingers to this battered society. The Bill will allow inference to be drawn from an accused’s refusal to answer certain questions. It also envisages witnesses being compelled to provide information.

All of this is in the future and if yesterday’s announcement about extending Dáil sittings to process urgent legislation gets the Bill on the statute books earlier than was envisaged then all the better.

Unlike pension levies this legislation cannot be applied retrospectively, so we are left with a sore festering at the very heart of the idea that this society, with its silent and seemingly untouchable financiers, is worth rebuilding. Enacting legislation like the Criminal Justice 2011 Bill makes it possible to believe that it is and that this can be a better more honest place to live and work, to rear a family and to hopefully enjoy a good retirement. That optimism does not mean we can turn our backs on those pivotal to the destruction of this economy: they must be held accountable if we are ever to regain our self-respect and credibility.