Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 18:

In page 34, between lines 15 and 16, to insert the following:“(9) Where a person has been acquitted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the alleged act or acts constituting the first-mentioned offence.

(10) Where a person has been convicted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the act or acts constituting the first-mentioned offence.”.

Section 39 provides for a new offence of forced marriage. The section will allow criminal proceedings to be brought in Ireland for forced marriage offences committed by Irish citizens or residents anywhere outside the State, subject to a requirement known as "dual criminality", that is, that the act must also be an offence in the place where it was committed. Offences committed outside the State on Irish registered ships or aircraft can also be prosecuted here in Ireland. The purpose of this amendment is merely to ensure that criminal proceedings may not be brought in the State for a forced marriage offence where criminal proceedings have already been determined in another country in respect of the same act. This is a standard provision in legislation where provision is made for jurisdiction for offences that may be committed outside the State.