In March, the Justice Committee has agreed to waive pre-legislative scrutiny for a Bill which would bring assets resulted from human rights violations under the remit of the Proceeds of Crime Act 1996. The Proceeds of Crime (Gross Human Rights Abuses) Bill 2020 would make goods obtained as a result of conduct that is an offence under Irish law eligible for seizure, even when the conduct is not considered an offence under the laws of the state in which it occurred, if the conduct constitutes or is connected with gross human rights abuse.
However, Minister for Justice Helen McEntee asked the Criminal Assets Bureau to review the legislation. The Bureau indicated that there would not be a “current practical benefit” to the Bill, and do not believe that minor changes to the draft would be enough to allow it to achieve its purpose.
The Minister for Justice stated that “Seizure of assets in almost any case would require the police force of the country in which the human rights abuse has taken place to co-operate with Irish authorities”, which brings “significant challenges”. She also said “significant work” is necessary for the legislation to become “workable and effective”.
Nevertheless, the Minister did not object to progressing the legislation. The Bill was initially proposed by Brendan Howlin and was enabled to quickly proceed to the Third Stage in the context of countries imposing sanctions on Russia for its unprovoked invasion of Ukraine.
In relation to the proposal, Mr Howlin said “I think it was really important that the Oireachtas be very clear on the stand we would take in passing a law which would ensure Ireland will never be a place where the proceeds of human rights abuses would be stashed.”
Chairman of the Justice Committee James Lawless also stated that “it’s important we sent a strong signal during the current crisis that as an Oireachtas we will take all measures necessary to signal support to Ukraine”.
The Irish Times report here.