Jim O'Callaghan, Minister for Justice, Home Affairs and Migration: I am pleased to introduce to the Senate the Proceeds of Crime and Related Matters Bill. As we all know, organised crime inflicts a huge amount of damage on communities and preys on vulnerable people. Behind it all is the fuelling of a ruthless drug trade. Too often, criminals blatantly flaunt their illicit wealth on our streets and that creates a corrosive culture where hard-working, law-abiding citizens feel the system is failing them while criminals operate beyond the reach of the law.

We know, on the basis of the strategy we have had in this country for nearly 30 years, that we go after and seize the assets of criminals. The strategy was initiated after the murder of journalist Veronica Guerin nearly 30 years ago. We should reflect on the great success of Ireland's pioneering framework that established the Proceeds of Crime Act in 1996 and the Criminal Assets Bureau Act of the same year. This is now an internationally recognised model and it is built on two foundational elements. First, there is a system of civil forfeiture that builds a case around the unlawful origin of assets. Also, the Criminal Assets Bureau, CAB, by bringing together the Garda, Revenue, social protection officers and other specialists, leverages cross-agency intelligence to target profit-driven criminality. To date, this approach has successfully seized over €220 million and returned it to the Exchequer.

This legislation introduces three central reforms to strip criminals of their assets much faster than is currently possible. First, after the High Court rules that an asset is derived from crime, the State must wait seven years before assuming final ownership through a disposal order. This Bill reduces that period to two years, ensuring criminals cannot continue to exploit their frozen ill-gotten gains.

Second, once an interlocutory order is made, the Bill will provide for the automatic appointment of a receiver, subject to the avoidance of a serious risk of injustice. This measure is expressly designed to secure immediate possession of the assets and deprive the respondent of any ongoing benefit and use of the property pending final disposal.

Third, this Bill equips the CAB with new mechanisms to freeze suspected illicit funds at the very earliest stages of an investigation. A new administrative payment-freezing direction can be issued by a senior bureau officer for up to seven days, while a payment-freezing order may be made by the District Court for a period of up to 90 days and may be renewed by the court for as long as it is deemed necessary and proportionate to do so. These tools empower CAB to act instantly on intelligence, thereby preventing the transfer or dissipation of money while a full investigation is conducted.

Crucially, these enhanced powers are carefully balanced with the protection of fundamental rights and are anchored by robust judicial oversight. The District Court will supervise the new powers for asset detention and account freezing. The High Court retains exclusive authority over major decisions such as appointing receivers and ordering final asset forfeiture. At every step in the process, a judge must be fully satisfied that the actions taken are reasonable, necessary and proportionate to prevent any serious risk of an injustice. Ultimately, these reforms will create a highly streamlined and effective system. The State will be far better equipped to swiftly deprive criminals of their wealth, disrupt their enterprises and redirect those funds back to the Exchequer for the benefit of all citizens.

At the heart of this effort is the community safety fund. This vital initiative redirects the proceeds of crime directly back into our communities. By doing so, we are able to fund innovative local projects that share a single unified goal, building stronger, safer communities. Since the fund’s launch in 2022 as the community safety innovation fund, we have seen the profound impact it can have. To date, it has successfully supported 127 community safety projects right across Ireland. The sheer volume and breadth of the applications we have received for the fund demonstrates beyond any doubt the immense value of this initiative. Applications for the 2026 community safety fund opened last Monday, 13 April, and the total fund value for 2026 is €4.75 million, which represents an increase of 58% since the fund was initially launched in 2022. I welcome applications from community safety initiatives. I remind Senators that they should inform their constituents or organisations that come within their responsibility of the fund that is available and how people can apply. You can make an application on my Department's website, because that is where the application form is available. Included are details on how to register for a webinar that will be held on 21 April. It aims to support organisations to prepare their applications.

I will now take Members briefly through the Bill and its specific sections. There are 19 sections in it.

Part 1 of the Bill comprises sections 1 and 2, which are standard provisions.

Part 2 of the Bill amends the Proceeds of Crime Act 1996. Section 4 amends section 1A of that Act. The latter section currently allows for the seizure and detention of movable property by CAB for an initial 24 hours, which can be extended for a further 21 days. Section 4 amends the provision to allow a CAB officer to apply to the District Court for further extensions of the detention period. The judge may authorise continued detention in increments not exceeding 28 days, up to a maximum aggregate time of 90 days, provided there are reasonable grounds to suspect the property represents proceeds of crime.

Section 5 introduces new powers to freeze financial accounts. A senior bureau officer can issue a payment-freezing direction to place an administrative freeze on the account for up to seven days, allowing time to conduct a preliminary investigation. Following this, CAB can apply to the District Court for a payment-freezing order for a period of up to 90 days. 

Section 8 amends section 4 of the 1996 Act by cutting the waiting time required before the High Court can make a final disposal order to seize criminal assets from seven years down to just two years. This reform ensures that once the court has decided assets are derived from crime, they are seized much more quickly. 

Section 9 is a consequential amendment to section 4A of the 1996 Act, which governs consent disposal orders. It removes the current time limitation, providing the flexibility for CAB and a respondent to agree to the forfeiture of an asset at any stage while an interlocutory order is in force, thereby avoiding needless litigation. 

Section 11 strengthens the powers of receivership by amending section 7 of the 1996 Act. It creates a mandate for the court to appoint a receiver upon application when an interlocutory order is in force. The receiver's purpose is now explicitly enshrined in law as being to deprive the respondent of the ongoing benefit and use of the property.

In Part 2 there are also several technical and consequential amendments, set out in sections 6, 7, 10, 12, 13 and 14.

Part 3 of the Bill seeks to ensure that the broader legislative framework is aligned and effective. Section 15 amends the Schedule to the National Archives Act 1986 by adding the CAB to the list of bodies. Section 16 amends section 43 of the Criminal Justice Act 1994 to harmonise the definition of cash and bearer-negotiable instruments with Regulation (EU) 2018/1672. Section 17 amends the Criminal Assets Bureau Act 1996 to enhance the operational capacity of the bureau. First, it allows non-Garda experts in the bureau to attend and participate in Garda interviews. It also explicitly extends the anonymity protections for CAB officers to cover them even after they have ceased to be officers. Section 18 amends section 16 of the Criminal Justice (Terrorist Offences) Act, mirroring the changes made in section 8.

Mirroring the changes made in section 8, this section reduces the waiting period before a disposal order can be made in relation to terrorist funds, from seven years to two years. Section 19 is a technical provision amending section 22 of the Criminal Justice (Corruption Offences) Act 2018. It aligns anti-corruption legislation with the 1994 Act.

As the Bill passed through the Dáil, I noted the remarkable unanimity across that House. I suspect that will be here as well. Regardless of our political affiliations, we share a resolute determination to tackle organised crime, to dismantle the gangs that bring drugs and devastation into our communities and to ensure that in this State, crime does not pay.

There are a number of matters I intend to return to on Committee Stage and I will flag the most notable of these for the information of the House. The first concerns the transfer of the main domestic functions under Part 4 of the Criminal Justice (Mutual Assistance) Act 2008, relating to the execution, enforcement and realisation of external confiscation orders from the office of the DPP to CAB. These amendments will not alter the underlying mutual assistance framework, the role of the central authority or the supervisory role of the High Court.

I also propose to introduce further amendments to specifically target and regulate crypto assets. This updated regime will equip law enforcement with tailored powers to freeze and seize these assets. Many details will merit debate and I look forward to working with Senators as the Bill progresses. We will have an opportunity on Committee Stage in the Seanad to look at a number of matters in terms of what the Bill does or does not cover. I commend this Bill to the House and I look forward to hearing what Senators have to say...

[Click here to read the full debate on the Oireachtas website]