UP TO 50 of the State's wealthiest drug dealers and criminals will have their assets frozen when a Fianna Fail private member's Bill becomes law, the party's spokesman on justice, Mr John O'Donoghue, predicted yesterday.
The measure, known as the Organised Crime (Resraint and Disposal of Illicit Assets) Bill, gives the High Court power to freeze the suspected proceeds of organised crime. It passed its committee stage yesterday without a vote, and is expected to be approved by the Dail at its special sitting tomorrow.
A series of ministerial amendments to the Bill were adopted yesterday by the Dail Committee on Legislation and Security, but Mr O'Donoghue said that the central core of the measure remained intact. It proposed that the High Court be entitled to accept the evidence of a Garda superintendent or a Revenue Commissioner, and reversed the standard onus of proof so that a person claiming ownership of assets must prove they were legitimately acquired.
"This Bill provides the people with the power to strike at the bosses of organised crime. It permits them being turned out of their mansions and estates," said Mr O'Donoghue. "It permits the impounding of their sleek and expensive cars. It permits us to reach into their pockets to take back what is rightfully ours."
On the Bill's constitutionality the Minister of State to the Government, Mr Pat Rabbitte, said the Minister for Justice, Mrs Owen, had received expert legal advice in the four weeks since it passed through second stage in the Dail.
"The Minister sought to ensure that there was no legal infirmity. It is in everybody's interest to sure proof this Bill to ensure that it would withstand a court challenge," he said.
The Progressive Democrats spokeswoman on justice, Ms Liz O'Donnell, said radical measures were needed. "No democracy can accept as inevitable that persons who are highly suspicious and are known to the authorities as being involved in criminal activity should be untouchable."
Ms O'Donnell said the time had come to balance the books in terms of fairness to the State in prosecuting matters, and fairness to the accused. "There is a vast body of jurisprudence and laws to protect the rights of the accused. The improvement of the arm and capacity of the State to prosecute and tackle serious criminality need not diminish the rights of the accused. It is a question of balancing."
Mr Tony Gregory (Independent) welcomed the "intent and objective" of the Bill, but he did not share Mr O'Donoghue's optimism that the assets of 50 drug dealers would be seized within days of the legislation becoming law.
One of the greatest scandals of criminal drug related activity today was the open flaunting of wealth by drug dealers, whether it was in the form of expensive cars, or buying expensive apartments, or investing in properties, with out any evidence of legitimate income. In quite a number of instances, the same individuals were claiming social welfare, he added.
Mr Gregory said he believed the greatest threat from criminal activity in the State was from heroin dealers.
