Brian Lenihan Jnr (Dublin West, Fianna Fail)

I move amendment No. 49:

In page 70, to delete lines 12 to 14 and substitute the following:

"(16) In this section—

"evidence" includes evidence of or relating to assets or proceeds deriving from criminal conduct in the designated state concerned or their identity or whereabouts;

"member state" includes the Swiss Confederation.".

These amendments to sections 73 and 74, are necessary as a result of amending the Bill on Committee Stage to cover the mutual assistance provisions of the EC-Swiss fraud agreement, which was introduced on Committee Stage. Sections 73 and 74 concern searches for evidence. However, in so far as a request is from an EU member state, these sections are limited to requests where the act concerned is punishable under both the law of the State and that of the member state, by imprisonment for at least six months, or, under Irish law, by at least six months' imprisonment and where it is being prosecuted in the member state by administrative authorities whose decision may give rise to criminal proceedings. Identical provisions are included in the EC-Swiss fraud agreement under Article 26.1(a). For this reason, the amendments provide that for the purposes of these sections, "member state" includes the Swiss Confederation.

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