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Seanad: Nithe i dtosach suíonna - Commencement Matters: Human Rights (15 Feb 2021)

Barry Ward: Go raibh maith agat as ucht an ráitis shoiléir sin. It is very important we make that statement which I hope will be followed by actions. As Senator Byrne, I hope we take concrete actions to send the message to the authorities in Hong Kong that we will not stand by and will take actions, such as those the Minister of State mentioned in his reply, to address the issues raised.

Seanad: An tOrd Gnó - Order of Business (15 Feb 2021)

Barry Ward: I want to raise the issue of travel restrictions under Covid. We all know the Government has quite correctly put in place restrictions on people travelling abroad and within the country. We are told it is acceptable to travel in circumstances where that travel is for essential purposes. Again, I have no difficulty with this. The difficulty arises in the definition of what are essential...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Report and Final Stages (15 Feb 2021)

Barry Ward: I disagree with what the other Senators have said. I welcome the fact that the Minister of State and the Department have listened to what has been said in this Chamber, taken it on board and rendered it into legislative format. That is welcome. I still think, as Senator McDowell has said, there are difficulties, and Senator Bacik has perhaps identified just one such difficulty. I cannot...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Report and Final Stages (15 Feb 2021)

Barry Ward: I have one further point to raise with the Minister of State. I raised it on Second and Committee Stages. It is about the index-linking of the amounts mentioned in the Bill and specifically in section 5, I think, in relation to arts dealers and letting agents. The figure of €10,000 was used. Section 5 of the Bill amends section 25 of the 2010 Act. I suggested that that should be...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Report and Final Stages (15 Feb 2021)

Barry Ward: I thank the Minister of State for taking on board what was said. Again, it reflects very well on the Department, the Minister of State and the Government that they take on board what is said on Committee Stage. It enhances the legislation.

Seanad: An tOrd Gnó - Order of Business (8 Feb 2021)

Barry Ward: Other Members have raised the issue of the landmark decision of the High Court last week in the FBD insurance case. It is welcome that the High Court has clarified the position, but those four individual businesses should never have had to take the case in the first instance. In January, the UK Supreme Court made a similar ruling. I know that the High Court here waited to see what the...

Seanad: An tOrd Gnó - Order of Business (8 Feb 2021)

Barry Ward: Yes. Go raibh maith agat, a Leas-Chathaoirligh. I propose an amendment to the Order of Business to introduce the Criminal Procedure and Related Matters Bill 2021.

Seanad: An tOrd Gnó - Order of Business (8 Feb 2021)

Barry Ward: Yes.

Seanad: Criminal Procedure and Related Matters Bill 2021: First Stage (8 Feb 2021)

Barry Ward: I move: That leave be granted to introduce a Bill entitled an Act to make various amendments to aspects of criminal procedure and to make provision for related matters.

Seanad: Criminal Procedure and Related Matters Bill 2021: First Stage (8 Feb 2021)

Barry Ward: Next Monday.

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Committee Stage (8 Feb 2021)

Barry Ward: I move amendment No. 1: In page 5, between lines 21 and 22, to insert the following: “Amendment of section 2 of Act of 2010 2. The Act of 2010 is amended by the substitution of the following section for section 2: “Interpretation 2.(1) In this Act— ‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Committee Stage (8 Feb 2021)

Barry Ward: I welcome what the Minister of State said and I am delighted to hear that the Department of Justice is liaising with the Law Reform Commission. The commission does tremendous work and is often under-recognised. It has a small team and I marvel at the amount of work it gets through. The suggestion the Minister of State made regarding an official version of the principal Act with changes...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Committee Stage (8 Feb 2021)

Barry Ward: I move amendment No. 2: In page 6, between lines 5 and 6, to insert the following: “Amendment of section 3 of Act of 2010 3. The Act of 2010 is amended by the substitution of the following section for section 3: “Regulations 3. (1) The Minister may, after consulting with the Minister for Finance, by regulations provide for any matter referred to in this Act (other than section...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Committee Stage (8 Feb 2021)

Barry Ward: On Second Stage, I raised an issue regarding the proposed amendments to section 25 of the Act of 2010. The figure of €10,000 is mentioned in section 5. Certain obligations are to be placed on art dealers and letting agents involved in transactions that amount to more than that figure over the course of a year. I have not put an amendment down but I suggested that we look at...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Committee Stage (8 Feb 2021)

Barry Ward: I move amendment No. 4: In page 10, between lines 32 and 33, to insert the following: “Amendment of section 36A of Act of 2010 9. The Act of 2010 is amended by the substitution of the following section for section 36A: “Examination of background and purpose of certain transactions 36A. (1) A designated person shall, as far as possible, in accordance with policies and...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Committee Stage (8 Feb 2021)

Barry Ward: I move amendment No. 5: In page 10, after line 42, to insert the following: “Amendment of section 37 of Act of 2010 10. The Act of 2010 is amended by the substitution of the following section for section 37: “Enhanced customer due diligence — politically exposed persons 37. (1) A designated person shall take steps to determine whether or not— (a) a...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Committee Stage (8 Feb 2021)

Barry Ward: I move amendment No. 6: In page 11, between lines 19 and 20, to insert the following: “Amendment of section 38 of Act of 2010 11. The Act of 2010 is amended by the substitution of the following section for section 38: “Enhanced customer due diligence – correspondent banking relationships 38. (1) A credit institution or financial institution (‘the...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Committee Stage (8 Feb 2021)

Barry Ward: I agree with what other speakers have said about this amendment. I raised this on Second Stage. This is a very reasoned approach to solving this problem. I recognise the difficulty with enshrining into primary legislation aspects that are not necessary to transpose the directive and update the law in this area. However, I also acknowledge and agree exactly with what Senators McDowell and...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Committee Stage (8 Feb 2021)

Barry Ward: I move amendment No. 8: In page 11, between lines 23 and 24, to insert the following: “Amendment of section 38A of Act of 2010 12.The Act of 2010 is amended by the substitution of the following section for section 38A: “Enhanced customer due diligence – high risk third countries 38A.(1) Subject to subsection (2), a designated person shall apply the following...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020: Committee Stage (8 Feb 2021)

Barry Ward: I move amendment No. 9: In page 12, between lines 7 and 8, to insert the following: “Amendment of section 40 of Act of 2010 3. The Act of 2010 is amended by the substitution of the following section for section 40: “Reliance on other persons to carry out customer due diligence 40. (1) In this section, ‘relevant third party’ means— (a) a person, carrying on...

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