The CCPC welcomes publication of the Hamilton Report to deal with economic crime

December 3, 2020

The Competition and Consumer Protection Commission (CCPC) welcomes the publication today of the “Review of structures and strategies to prevent, investigate and penalise economic crime and corruption” by the Hamilton Review Group.

Mr Pat Kenny, Member of the Competition and Consumer Protection Commission, participated in the Review Group along with Chair James Hamilton, former Director of Public Prosecutions and representatives from relevant Government Departments, State agencies and other experts.

Commenting on the publication of the report, Pat Kenny said:

“I would like to express my gratitude for the hard work and dedication of James Hamilton and his team in the Department of Justice and Equality in producing this important report. The report’s recommendations represent a generational opportunity to take a step change in our approach to economic crime and corruption across our economy.  This is not just an important step in terms of tackling criminal behaviour but will also drive competitiveness.”

The report makes a number of structural, legislative and resourcing recommendations to enhance the capacity of agencies, including the CCPC, to tackle white collar crime.

The recommended recognition of bid-rigging as a distinct form of hard core cartel behaviour is welcomed as bid rigging is one of the most common forms of cartels that the CCPC investigates.  The support for the introduction of a bid-rigging screening system for public procurement data is also important for the detection and deterrence of bid-rigging in public procurement processes and across the economy generally. The CCPC is already working with the Department of Enterprise, Trade and Employment to progress the implementation of these recommendations.

The Review Group has also recommended the extension of surveillance powers to the CCPC and changes to the custody regulations to assist in the investigation of economic crime such as cartel activity. These would be welcome and important tools to enable the CCPC to counteract the secretive and covert nature of such criminal behaviour.

Continuing, Commission Member, Mr Pat Kenny added:

“I particularly welcome the important recommendations, in line with criminal enforcement regimes across the world, in how we should better tackle and deter hard-core cartels and bid-rigging in public procurement.  Hard-core cartels represent a hidden scourge on the competitive process and result in higher costs, lower output and reduced consumer welfare.  This is unacceptable to us as consumers, citizens and taxpayers and I welcome the recommendations’ move to substantially reduce those hidden spaces where these conspiracies against the public interest in open competition can flourish.”

The full report of the Hamilton Review Group can be viewed online here

Notes

More information on the CCPC’s criminal enforcement activities relating to cartels can be found here

The “Review of structures and strategies to prevent, investigate and penalise economic crime and corruption” report is the outcome of the Hamilton Review Group which was established in 2018 to review 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.

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