Micheál Martin (Cork South Central, Fianna Fail)

I move amendment No. 10:

In page 12, line 5, to delete "€250,000" and substitute "€1,000,000".

In essence, this amendment is that of Deputy Timmins. I said on Committee Stage that I would respond to Deputy Timmins who first proposed what are now amendments Nos. 10 and 11. I am sympathetic to his aims. We have consulted Parliamentary Counsel on appropriate formulations and these now appear as amendments Nos. 10 and 12.

On the question of increasing the maximum fine that can be imposed for conviction under sections 6 or 9, amendment No. 10, I agree with the Deputy that this should be raised from €250,000 to €1 million. While a substantial prison sentence of ten years may be imposed on individuals for the commission of the most serious offences under these provisions, the situation of a body corporate must also be considered. If a body corporate, rather than its managers or employees, is convicted of such an offence, a penalty of imprisonment could not be imposed. In those circumstances — I am thinking here of a large scale production or distribution operation — a fine capable of being substantial would be the appropriate penalty.

I am also satisfied that on conviction, it should be within the discretion of the court, in addition to imposing a fine and-or a custodial sentence on any offender, to require that person to contribute to the costs of destroying any munitions that were the subject of the criminal proceedings. This is provided for in amendment No. 12. I am unable, therefore, to accept amendment No. 11.

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