Oireachtas Joint and Select Committees

Wednesday, 7 November 2012

Select Committee on Justice, Defence and Equality

Europol Bill 2012: Committee Stage

10:20 am

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour) | Oireachtas source

I move amendment No. 4:


In page 4, between lines 17 and 18, to insert the following subsection:"(2) A word or expression used in this Act and in the Council Decision has the same meaning in this Act as in that Decision.".
This amendment proposes the inclusion of a new section 1(2) in the Bill to provide that any "word or expression" used in the Bill and the Council decision which is set out in the Schedule to the Bill shall be interpreted as having the meaning provided for in the Council decision. This is particularly necessary to identify the criminal offences covered by the Bill. Article 4 of the Council decision sets out the offences for which Interpol is competent. A reference to Article 4 is included in the definition of "criminal offences" in section 1 of the Bill. Article 4.1 provides that Interpol's competence "shall cover organised crime, terrorism and other forms of serious crime as listed in the Annex". It is necessary to ensure references to serious crime in the Bill, for example, in section 12(1), will be interpreted in accordance with the Council decision. Equally, references to "related crime" in the Bill should be interpreted in accordance with Article 4.3 of the Council decision. The annex that sets out the list of crimes extends much further than it did in the past.

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