Brian Lenihan Jnr (Dublin West, Fianna Fail)

Amendments Nos. 1 to 4, inclusive, correct the alphabetical sequence of the definitions of "2005 Council Decision" and "criminal conduct". Amendment No. 5 confirms that the definition of "criminal proceedings" covers proceedings relating to whether a person has benefited from assets or proceeds of crime. This amendment ensures consistency with the definition of "criminal investigation" in this section.

Amendments Nos. 7 and 8 correct an oversight arising from the amendments brought forward on Committee Stage. The freezing framework decision and the 2005 Council decision on the exchange of information and co-operation concerning terrorist offences were added to the list of Schedules containing the international instruments to which the Bill is giving effect. As these are EU instruments applying to EU member states, it is necessary to include them in the definition of member state in section 2. These amendments do that.

Amendment No. 9 is a drafting amendment. It deletes the words "subject to subsection (2) of section 73". Amendment No. 10 clarifies that the assistance being provided relates to criminal matters. This is consistent with other references in the Bill. Amendment No. 12 clarifies that the reference to the second protocol is to the second additional protocol. This is consistent with the references to this protocol. Amendment No. 16 corrects a typographical error. Amendment No. 17 was introduced on the advice of the Parliamentary Counsel as better reflecting modern drafting.

Amendment No. 26 has also been proposed on the advice of the counsel. It clarifies that offences under section 20(1), concerning failure by a financial institution to comply with a High Court order, are without prejudice to the law relating to contempt of court.

Amendment No. 30 removes an unnecessary comma from section 24(5). Amendment No. 31 updates the reference to the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations which were amended by the 2007 regulations. Amendment No. 32 is another minor drafting amendment substituting the words "Act of 1983" for "1983 Act". The correction reflects the many references to legislation throughout the Bill. Amendment No. 33 corrects a minor typographical error in section 28.

Amendment No. 36 is a simple drafting amendment which substitutes the preferred word "prejudice" for "damage" in section 46(1)(a). Amendment No. 38 is a drafting amendment which inserts the words "baseline rate of exchange" for "exchange rate" in section 54(2)(a). This is consistent with the wording used elsewhere in the Bill, on foot of observations from the Irish Bankers Federation as several rates of exchange can be in use on any given day. This is something we are aware of from proceedings which are taking place elsewhere than in this House.

Amendments Nos. 39 and 40 correct an oversight and ensure that the provisions in section 40 concerning property subject to freezing co-operation orders also apply to confiscation co-operation orders. Amendment No. 41 corrects an error and replaces the word "confiscation" for "forfeiture". Amendment No. 42 corrects the reference to the Police (Property) Act of 1897 by introducing parenthesis around the word "Property". Amendment No. 47 replaces the word "order" in section 73(7) with "warrant". The reference to "subsection (15)" in section 74(12)(c) should be to "subsection (17)". Amendment No. 51 makes the necessary correction.

Amendment No. 64 amends section 82(4), concerning the examination of objects and sites, by confirming that the reference to a "request" is to a request "from a designated state".

Amendment No. 66 to section 87, concerns the definition of "Competent Authority in the State" in regard to "controlled deliveries". It amends subparagraph (a) of the definition and provides that the competent authority in the State can be the Garda Commissioner or a member of the Garda Síochána authorised by him. This is consistent with the provision for the Revenue Commissioners in subparagraph (b) of the definition.

Amendment No. 68 to section 94(2) confirms that more than one authority can be designated as Eurojust national correspondent for terrorism matters. Amendment No. 69 corrects section 96(4)(b) by introducing the word "shall" at the beginning of the subparagraph. Amendment No. 79 corrects the table in paragraph (d) of section 104. The reference to €500 should be to €650.

Amendment No. 82 amends the text of section 106 and clarifies that the provision concerns the power of the District Court to make a number of orders. Amendments Nos. 83, 84 and 86 are drafting amendments to the Schedules, specifically Schedule 1, 2, and 13.

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