Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I move amendment No. 7:

In page 12, to delete lines 7 and 8 and substitute the following: "(xi) details of any sanctions and restrictive financial measures imposed on the parties, and on persons connected with a third country undertaking that is a party, by the European Union or by the United Nations;

(xii) details of any convictions of a party, and of persons connected with a third country undertaking that is a party, by the International Criminal Court;

(xiii) details of any convictions of a party, and of persons connected with a third country undertaking that is a party—

(I) on indictment (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016) by a court in the State, and

(II) in a state or territory other than the State, in respect of which a sentence of at least 12 months’ imprisonment was imposed and that is not a spent conviction (within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, save that references in that section to a "court" shall be construed as references to the court or body that convicted the party or connected person in the state or territory concerned);".

On Committee Stage I indicated that I agreed with the policy objective of Deputy O'Reilly's proposed amendment to expand on the factors that the Minister should consider when reviewing a transaction. Specifically the amendment reflects a more comprehensive set of sanctions that can be taken into consideration. It also adds consideration of any criminal conviction on indictment. This is quite a technical amendment. It required careful consideration by the Office of the Parliamentary Counsel, in particular on the text dealing with criminal convictions and the need to use very precise language when defining equivalency between jurisdictions. I place on the record my thanks to Deputy O'Reilly, her staff, and the Office of the Parliamentary Counsel for their assistance in designing and drafting the amendment.

See this speech in context