Alan Shatter (Dublin South, Fine Gael)
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I move amendment No. 1:

In page 3, between lines 11 and 12, to insert the following:
“Amendment of section 17 of Act of 20102. Section 17 of the Act of 2010 is amended by the substitution of the following for
subsection (4):

“ (4) An application for an order under subsection (2)—
(a) shall be made ex parte and shall be heard otherwise than in public,
and
(b) shall be made to a judge of the District Court assigned to the
district in which the order is proposed to be served.”.”.

The purpose of this amendment is to clarify that orders which may be made by a District Court judge under section 17 of the Act of 2010 are ex parte and are not held in public. Section 17 is contained in Part 3 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. The purpose of Part 3 is to provide a mechanism which enables the Garda Síochána to take immediate action to halt a service or transaction where there are reasonable grounds to suspect that a particular service or transaction may be linked to money laundering or terrorist financing and enable the Garda Síochána to conduct an investigation.

Section 17 operates in two possible ways. Subsection (1) provides that a member of the Garda Síochána not below the rank of superintendent may by notice in writing direct a person not to carry out any specified service or transaction for a specified period, which cannot exceed seven days, if satisfied this is necessary to enable preliminary investigation be carried out.

Subsection (2) provides that the judge of the District Court may order a person not to carry out any specified service or transaction for a period not exceeding 28 days, if satisfied by information on oath from a member of An Garda Síochána that there are reasonable grounds for the suspicion and that an investigation is taking place.

Part 3 of the Act of 2010 also provides that a person affected by a direction or order is given notice of such direction or order. Such person may apply to the court for reasonable and other living expenses. I commend the amendment to the committee.