James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 39:

In page 16, between lines 30 and 31, to insert the following:

“PART 8

AMENDMENT OF CIVIL LAW AND CRIMINAL LAW (MISCELLANEOUS PROVISIONS) ACT 2020

Definition (Part 8)

27. In this Part, “Act of 2020” means the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020.”.

These amendments clarify that certain applications, notably those made under the Proceeds of Crime Act 1996 fall under Part 3 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020. Part 3 governs civil proceedings while Part 4 governs criminal and certain others proceedings such as extradition. Proceeds of crime applications are civil in nature but the drafting of the Part 3, as it stands, raises some possible doubts as to which part they fall under. The intention is that these will be treated as civil for the purposes of the 2020 Act as they would be for other purposes. Addressing this potential ambiguity ensures videolink applications are available and other civil measures in Part 3 apply to these applications.