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Electoral Reform Bill: From the Seanad (13 Jul 2022)

Brendan Howlin: How is it to be interpreted in the courts?

Electoral Reform Bill: From the Seanad (13 Jul 2022)

Brendan Howlin: It is a fundamental concept of law that citizens cannot know whether it is a mandatory code, a voluntary code or just a code. We cannot have that level of ambiguity in legislation and it is fundamentally wrong for the Minister of State to bring this before us. I will link this to another point. I did not deal with the Bill originally; my colleague Deputy Nash did so. He wrote to the...

Electoral Reform Bill: From the Seanad (13 Jul 2022)

Brendan Howlin: I do not wish to delay the House further, but this is unacceptable. It is clear this a drafting phase of the Bill that went through as nobody looked at it because everybody is rushed. The Seanad did not have a chance to look at it and, like a significant number of other amendments, it will never be debated in either House. That is fundamentally making a mockery of our normal legislative...

Electoral Reform Bill: From the Seanad (13 Jul 2022)

Brendan Howlin: I am at a disadvantage to other Members here because I did not deal with this Bill, which my colleague did, and I am not a member of the committee. I was asked to look at these matters because my colleague has Covid. I am deeply concerned. I know the Ceann Comhairle is an advocate for the proper working of these Houses. The previous Dáil, perversely, because it was a minority...

Electoral Reform Bill: From the Seanad (13 Jul 2022)

Brendan Howlin: We have not debated these amendments.

Written Answers — Department of Foreign Affairs and Trade: Passport Services (12 Jul 2022)

Brendan Howlin: 494. To ask the Minister for Foreign Affairs and Trade if he will ensure that the passport application for child (details supplied) will be processed urgently by his Department given that it has exceeded its estimated date; and if he will make a statement on the matter. [37179/22]

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: I greatly appreciate that. I warmly welcome the written and detailed submissions from the Department of Justice, CAB and Mr. Browder, with whom I have had conversations. I will make a few general points. First, Magnitsky is a general heading. When I looked at this some years ago, and this predates any current human rights abuses ongoing in Ukraine, I wanted to see how we could have...

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: I have set my questions out.

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: Maybe Ms Woods because, by and large, CAB simply adopted the view of the Department of Justice, or Mr. Bruen.

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: On what legal basis is that action taken?

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: Can assets be seized in Ireland on that basis?

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: Mr. Browder knows that Magnitsky legislation has different characteristics in every jurisdiction. I would like to focus on our version

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: Obviously-----

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: Invading a foreign country can generate all sorts of profit.

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: I do not want the two very separate issues to be confused. The Department of Justice submission made it crystal clear. I made a decision in crafting this legislation to modify the proven proceeds of crime legislation and to broaden the definitions of criminality to include abuses of human rights. This is our stab at it. It is different from many of the legislative pieces that are enacted...

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: Can we set that aside as not being an impediment to the enactment of the legislation from the perspective of the Department?

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: The net issue then is the linkage between the gross human rights abuse and the actual goods generated. Is that the net issue?

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: Could I test that one contention, perhaps with the Department of Justice? In essence, CAB is telling us that what is intended in the Bill can already be done. Can Mr. McMeel give me any recent example where somebody who was a gross human rights abuser was moved against in terms of their assets in this State?

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: When was that?

Joint Oireachtas Committee on Justice, Defence and Equality: Proceeds of Crime (Gross Human Rights Abuses) Bill 2020: Discussion (21 Jun 2022)

Brendan Howlin: That was about eight years ago.

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