Ciarán Cannon (Galway East, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 4, between lines 9 and 10, to insert the following: “(4) In proceedings for an offence under this Act, a weapon or other explosive device capable of releasing nuclear energy is presumed to be designed for a hostile purpose or for use in armed conflict unless the court or jury, as the case may be, is satisfied, having regard to the whole of the evidence, that there is a reasonable doubt that it is so designed.”.

The purpose is to insert a clause for the purposes of prosecution that weapons or other explosive devices falling under the remit of the Bill are presumed to be designed for a hostile purpose, which is for the purpose of causing, or being likely to cause, death or serious injury to any person or substantive damage to property or the environment. This means that a defendant would be responsible for raising a reasonable doubt to rebut that presumption. This category of clause has previously be contained in other similar legislation including the Biological Weapons Act 2011.

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