In November 2017, the Government published a suite of measures aimed at enhancing corporate governance, increasing transparency and strengthening Ireland’s response to White Collar Crime. Among these measures was a commitment to review Ireland’s anti-corruption and anti-fraud structures and procedures in criminal law enforcement. The review will assess the extent to which the various State bodies involved in the prevention, detection, investigation and prosecution of fraud and corruption are working effectively together, and identify any gaps or impediments in this regard.
In 2018, the Minister for Justice and Equality appointed Mr. James Hamilton, former Director of Public Prosecutions and anti-corruption expert, to chair the review. The review group, which comprises a range of relevant Government Departments, State agencies and other experts, held its first meeting in November 2018 and has been asked to report back to the Minister by summer 2019 with its findings and recommendations.
The Department of Justice and Equality, on behalf of the review group, now invites submissions from interested parties in relation to this work. Specifically, the group welcomes submissions on any of the matters encompassed in its Terms of Reference, as follows:
To identify the scope and extent of the structures and strategies within An Garda Síochána and other relevant agencies to prevent, investigate and penalise fraud and corruption and identify what gaps exist, by reference to international standards.
To recommend options or potential solutions to any gaps or deficits identified during the analysis (e.g. whether a stand-alone anti-fraud/anti-corruption agency should be established, or improved cross-agency working/secondments, or thematic time bound joint-agency task forces set up as required).
To review the extent of potential cross-over of any new structure with the evolving role of the Office of the Director of Corporate Enforcement and the work of the Cost of Insurance Working Group, and make recommendations to minimise risk of duplication.
To review the adequacy of the legal basis for sharing of information/evidence between relevant bodies (national and international) necessary to tackle fraud and corruption, and make recommendations for any areas where additional legislation may be required.
To assess the levels of resourcing and expertise or experience in relevant bodies and make any relevant recommendations.
Interested parties are requested to make submissions to AFACstructuresreview@justice.ie by 5pm on Friday April 19 2019.
Please note that any submissions received are subject to the Freedom of Information Act 2014, and may be released or published on foot of third party applications or otherwise. Any submission containing commercially sensitive or private or confidential material should therefore clearly identify that portion of the submission which contains such information and specify the reasons for its sensitivity. The Department of Justice and Equality will consult with respondents regarding information identified by them as sensitive, before making a decision on the publication of submissions or on their release under a Freedom of Information request. The Department will treat any personal information in accordance with the Data Protection Acts 1988-2018.