posted by Elaine Byrne
The Department of Justice have recently published a discussion document on “Organised and White Collar Crime”, and this paper can be found here.
Given recent focus on white collar crime in Ireland it may be of interest. Submission on this document should be made before the end of December, 2010 to: White Paper on Crime Unit, Department of Justice and Law Reform, 94 St. Stephen’s Green, Dublin 2. whitepaperoncrime@justice.ie
Among other matters, the White Paper will focus on (1) Bribery and Corruption (such as whistleblowing legislation and the Tribunal process) and (2) Regulatory Crime
The Department of Justice are hosting a “Crime consultation seminar” to discuss their White Paper on White Collar Crime next Friday. Any thoughts on these aspects or other aspects of the White Paper would be very welcome in advance of next week’s seminar. I will be participating in the roundtable which seeks to address:
How best can a response to white collar crime be developed in terms of:
(i) prevention measures, legislation, promoting compliance, and awareness raising;
(ii) detection, investigation and prosecution;
(iii) penalties and sentencing (i.e. their contribution to prevention, retribution, and rehabilitation)
Irish Politics Forum 
The decent thing to do when sitting on a committe / panel / board etc. and being required vote on or make a decision on an issue is declare an interest and to absent oneself from the process. Therefore, when the “plaintif / applicant / beneficiary (or victim) has made a contribution to a political party or parties, members of that/those parties should not be allowed to vote / adjudicate on the issue. That is NORMAL procedure. If that leaves no one but Sinn Fein or independents to vote / adjudicate then so be it!
The Paper states: (Re:)”…PRESUMPTION OF CORRUPTION..
..in criminal proceedings against public officials, if it is proved that any gift, consideration, or advantage has been given to an official and that the person who gave the gift or on whose behalf the gift was given had an interest in the discharge by the official of certain functions, the gift is deemed to have been given and received corruptly unless the contrary is proved (section 4). The section applies to the granting, refusal, withdrawal or revocation by the State of any licence, permit, certificate, authorisation or similar permission. It also applies to the making of decisions relating to the acquisition or sale of property by the State and to any function of the State under the Planning Acts.”
SURELY THIS IS THE NORM RATHER THAN THE EXCEPTION IN THAT POLITICAL PARTIES RECEIVE “CONTRIBUTIONS” (THINLY DISGUISED BRIBES, SURELY) ON THE PRESUMPTION THAT THE DONER WILL BE “LOOKED AFTER” ESP. IN REGARD TO PLANNING DECISIONS, SPECIAL LICENCES ETC.
IS IT THEREFORE PROPOSED TO TERMINATE ALL POLITICAL DONATIONS OR ARE WE TO CONTINUE THE CHARADE AND HAVE THIS BILL ENACTED AS THE USUAL “IRISH SOLUTION FOR AN IRISH PROBLEM” AND HAVE IT HONOURED MORE IN THE BREACH THATN IN THE OBSERVANCE?
….OR ARE WE TO STATE (IN THE ACT) THAT POLITICAL CONTRIBUTIONS ARE NOT TO BE CONSTRUED AS GIFTS ETC. FOR THE PURPOSE OF GAIN? IF THE LATTER THEN MY ADVICE IS DON’T BOTHER WITH THIS ASPECT OF THE LEGISLATION AS IT WILL GIVE A THIN VEIL OF RESPECTABILITY TO SOMETHING THAT IS CLEARLY ROTTEN IN IRISH POLITICAL LIFE.
It seems to me that letting the historic perpetrators of corruption draw this up is conceding to an arse covering exercise of immense proportions. What next? Shall we allow felons dictate the terms of their parole?