Oireachtas Joint and Select Committees

Wednesday, 15 May 2013

Select Committee on Justice, Defence and Equality

Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2013: Committee Stage

9:30 am

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I move amendment No. 4:


In page 7, between lines 4 and 5, to insert the following:
“Amendment of section 104 of Act of 201010. Section 104 of the Act of 2010 is amended by the substitution of the following for subsection (5):
“(5) The Minister may publish a register in written, electronic or other form and a member of the public is entitled to obtain a copy of a register or of an entry in a register on payment of such reasonable copying charges as may be prescribed (if any).”.”.
These are amendments to sections 104 and 109 of the Act of 2010, which respectively deal with registers for trust or company service providers, TCSPs, and persons directing private members clubs. Chapter 9 deals with the authorisation of TCSPs which fall within my remit as Minister for Justice and Equality under that Act and includes detailed provisions in relation to the granting or refusal of applications for renewals and other related issues.

Section 104 provides that the Minister shall establish and maintain a register of persons authorised under this chapter. Section 104(5) provides that a member of the public is entitled to obtain a copy of the register or of an entry in the register. The purpose of this amendment is to ensure that such information is more readily available to members of the public and will enable the register to be published on the Department's website. It will also enable persons seeking to engage in business with such entities to verify that a business is registered, which I think is particularly important.

Section 109 provides that private members gaming clubs which fall within the definition of designated persons under section 25(1)(h) are required to register with the Minister. Such clubs are monitored for compliance with the money laundering obligations by the anti-money laundering compliance unit in my Department. The purpose of the first part of the amendment to section 109 is to provide public access to the register and as in the case of TCSPs to provide that the register may be published in written, electronic or other form.

The second part of the amendment is to provide for the removal of a club from the register, either at its own request or by the Minister or the anti-money laundering compliance unit, if it is no longer involved in such activities.

I commend the amendments to the committee.