Frank Fahey (Galway West, Fianna Fail)

I move amendment No. 12:

In page 12, line 1, to delete "Subject to subsections (3) and (4), the" and substitute "The".

Amendment No. 12 deletes "Subject to subsections (3) and (4), the" in respect of the repeal of the Genocide Act 1973. In response to Deputies' queries during the debate on Committee Stage, the Minister agreed it is unusual to have something repealed subject to a condition. He pointed out he would consider replacing "Subject to" with "Notwithstanding". Following consultation with the Office of the Chief Parliamentary Counsel, the Minister has been advised it is appropriate to omit the "Subject" clause altogether. The amendment reflects this advice.

Amendments Nos. 72 to 76, inclusive, delete references to section 2 of the Genocide Act 1973. That Act is repealed under section 7(2) of the Bill, with a new offence of genocide created by section 7(1). There is no need for these references to be retained. The definition of genocide contained in Article 6 of the Rome Statute — it is, therefore, the definition used in the Bill — is identical to that of Article 2 of the genocide convention. It affirms that a crime is punishable not only when committed in armed conflict but also whenever or wherever committed in peace time. The difference between the 1973 Act and the Bill is that the penalty available in respect of genocide has increased from 14 to 30 years, as provided for in the Rome Statute.

The inclusion of the offence of genocide in the Bill means that provisions regarding legal advice for suspects are applicable. These are not referred to in the genocide convention. However, Ireland continues to be a signatory to that convention and is still bound by its terms. It is merely replacing its obligations under the convention, which were contained in the Genocide Act 1973 up to now, with those in the International Criminal Court Bill.

Section 7(3) of the Bill makes it clear that the repeal of the Genocide Act is without prejudice to Ireland's obligations under the genocide convention. It also sets out where the text of the genocide convention can be found, namely, in the Schedule to the Genocide Act. The Chief Parliamentary Counsel has advised that this reference to the genocide convention is sufficient and, therefore, the inclusion of the text of the convention in this Act, which Deputy Howlin's amendment seeks to do, is unnecessary. I do not propose to accept amendments Nos. 13 and 14.

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