Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 4:

In page 4, between lines 10 and 11, to insert the following:"Amendment of section 25 of Act of 2010

4. Section 25 of the Act of 2010 is amended--

(a) in subsection (1) by the substitution of the following for paragraph (d):

“(d) subject to subsection (1A), a relevant independent legal practitioner,", and

(b) by the insertion, after subsection (1) of the following subsection:

"(1A) A relevant independent legal practitioner shall be a designated person only as respects the carrying out of the services specified in the definition of 'relevant independent legal practitioner' in section 24(1).".".

This is a technical amendment. Its purpose is to clarify that the obligations which arise for a "relevant independent legal practitioner" as a designated person apply only when such practitioners are carrying out the services listed in the definition of "relevant independent legal professional" contained in section 24(1) of the 2010 Act.

The Deputy should note that section 25 lists the designated persons to whom the obligations under the Act apply, and these include bodies such as credit and financial institutions, auditors and accountants, and relevant independent legal professionals. The latter is a group which includes barristers, solicitors and notaries and for whom the money laundering obligations only apply to the particular services specified in section 24(1). The obligations do not apply to any other legal service that a solicitor or barrister might provide to a client. I commend the amendment to the House.

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