Pat Rabbitte (Dublin South West, Labour)

I move amendment No. 15:

In page 20, line 22, to delete "request;" and substitute the following:

"request, and

(f) an account that can be identified by a financial institution without undue difficulty as an account held by another person in any other circumstances on behalf of, or representing in whole or in part the property of, the first-mentioned person;".

Amendment No. 15 relates to the interpretation section of the Bill in Part II where there is a definition of "account". We are dealing here with information about financial transactions for criminal investigation purposes. The more I look at the debate so far, particularly on Committee Stage, I am driven to the conclusion that the Minister will not take on board this amendment because it could be punitive on financial institutions. That is the net point of his objection: it would impose a burden on the banks if they had to take on board the amendment. I seek to broaden the definition to cover money that is laundered to put beyond doubt that it is possible that a suspect is using another person's name to conceal money. It might be that of a relative, a girlfriend or an accomplice.

When the point was made in the Seanad debate on this Bill that this would be an additional burden on financial institutions, we recast the amendment to make plain that it would require circumstances whereby an account could be identified in a financial institution without undue difficulty. It is not the imposition that the Minister suggests. If the test is without undue difficulty and since we know that this crime invites hiding money in another person's account, it seems a reasonable amendment.

As well as complaining about the burden on the banks, the Minister sought to assert that section 11(1)(e) would meet the requirement. This refers to "any other account held by another person, where information in relation to it would be relevant to the investigation referred to in the request;". My amendment seeks to do no more than make plain and clarify the particular circumstances I have explained, whereby money is being concealed in someone else's account in those circumstances. For the purpose of clarity and to broaden the definition in this interpretation section, I am advancing the amendment and hope the Minister will take it on board.

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