Dáil debates

Wednesday, 12 March 2008

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages

 

5:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

I will take matters on board later but regret to advise Deputy Rabbitte that I cannot accept this amendment. On Committee Stage, I indicated that I was willing to revisit the matter. I put the proposal to the office of the Attorney General and I was advised it was considered an inappropriate amendment. The phrase "without undue difficulty" is very vague. It is considered that it would not be possible for banks to comply with this requirement and could lead to disputes concerning what is unduly difficult. It would have the effect of broadening the definition of account and place a heavy burden on banks in this State. Given that the definition also concerns accounts in designated states, it could have an effect of placing an additional requirement on banks in other states. The amendment proposed by Deputy Rabbitte goes beyond the protocol to the 2000 convention, to which we are giving effect in this part of the Bill. Article 2 of the protocol states that on request a state shall provide the particulars of specified bank accounts.

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