Brian Lenihan Jnr (Dublin West, Fianna Fail)

I move amendment No. 6:

In page 11, to delete lines 39 to 41 and substitute the following:

""designated state" means a member state and any other state designated under section 4;".

Amendment No. 14 introduces a new section 11 to the Bill. It is a saving provision which seeks to ensure that the assistance which can currently be provided to states under the Criminal Justice Act 1994 continues to be available.

Under the 1994 Act, a state, on becoming party to certain international instruments, is designated for the purposes of mutual assistance relating to the confiscation or forfeiture of property and for the purposes of the search for evidence. In the region of 180 countries have been designated to date for either or both of these types of assistance. However, designation is not a requirement for the purpose of taking of evidence or the service of documents. Such assistance could be provided on request from a state and, of course, assuming the necessary safeguards have been met. It was always intended that the ability to provide such assistance would be continued under this Bill.

Section 4 of the Bill as it currently stands allows for the designation of states for the purposes of mutual assistance under this Bill or specified parts of its provisions. However, since finishing Committee Stage, I have been advised that the wording of section 4 is such that it may, in effect, limit the assistance which is currently available. To continue the current levels of assistance, it is necessary to bring forward this amendment, which puts beyond doubt the right of the State to seek and provide assistance to the extent possible under the 1994 Act. Not to do so would create uncertainty as to what assistance may be provided.

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