Dáil debates

Tuesday, 8 July 2008

Nuclear Test Ban Bill 2006: From the Seanad

 

The Dáil went into Committee to consider amendments from the Seanad.

Seanad amendment No. 1:

Section 2: In page 4, subsection (4), line 13, to delete "liable" and substitute "liable, on conviction on indictment,".

10:00 pm

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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This section deals with the major offence of a person carrying out or causing to carry out a nuclear explosion in or outside the State or who attempts, conspires or incites the carrying out of this offence. It carries the penalty of a fine with no maximum limit and imprisonment for life or less as the court may determine or both. This insertion has been advised by Parliamentary Counsel as an appropriate clarification that the offence is an indictable one.

Seanad amendment agreed to.

Seanad amendment No. 2:

Section 12: In page 10, lines 40 to 43, to delete subsection (3) and substitute the following:

"(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 2 years or both.".

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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I indicated on Report Stage in this House that I would address the circumstances raised by Members on both sides of the House and bring forward an amendment on Committee Stage in the Seanad. This section prohibits the disclosure of information except in specified circumstances. It will be for the prosecuting authorities and the courts to determine this. Depending on the nature and seriousness of the offence, a summary offence carries a fine of up to €5,000 or imprisonment of up to six months or both. An indictable offence carries a fine of up of €50,000 or a maximum of two years imprisonment or both. The fines and prison terms have been advised by Parliamentary Counsel as appropriate for the offences under this section. They are separate offences to the main offence dealt with in section 2. They are deemed to be appropriate and commensurate.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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I welcome the amendments. The Minister of State said he would go to the Seanad and rectify the anomalies contained in this Bill. The series of amendments before the House rectify the anomalies pointed out on Committee Stage and on the last occasion the Minister of State was in the House in respect of this matter.

Seanad amendment agreed to.

Seanad amendment No. 3:

Section 13: In page 11, to delete lines 3 to 6 and substitute the following:

"that is false or misleading in a material respect shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 2 years or both.".

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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I stated on Report Stage in this House that I would address the circumstances raised by Members on both sides of the House and bring forward an amendment on Committee Stage in the Seanad. This section provides that the making of false or misleading statements or providing false or misleading information to the national and-or international authorities is an offence. It will be for the prosecuting authorities and the courts to determine this. Depending on the nature and seriousness of the offence, a summary offence carries a fine of up to €5,000 or imprisonment of up to six months or both. An indictable offence carries a fine of up to €50,000 or up to two years imprisonment or both. The fines and prison terms have been advised by Parliamentary Counsel as appropriate for the offences under this section. They are separate offences to the main offence dealt with in section 2. They are deemed to be appropriate and commensurate.

Seanad amendment agreed to.

Seanad amendments reported.