Results 661-680 of 1,150 for speaker:Frank Fahey
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: The amendment adds nothing to the Bill and it is not necessary.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: Deputy Howlin's proposed amendments relate to the issue that was discussed in detail on Committee Stage and which the Minister agreed to accept in principle. Given that amendment No. 45 is the same as amendment No. 8, I trust that Deputy Gerard Murphy will withdraw the amendment in his name.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: The Statute of the International Criminal Court deals with a specific range of offences detailed in the relevant articles of the statute. On the crime of aggression, Article 5(2) provides for the International Criminal Court to exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with Articles 121 and 123. This allows flexibility to the court in the...
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: The definition has not been agreed by the UN and we cannot pre-empt it.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: Section 6 contains a number of definitions, one of which relates to "war crimes". That definition is linked directly to the relevant article of the Rome Statute, that is, Article 8(2), and encompasses all the elements therein, except subparagraph (b)(xx), which have to be included by way of amendment under Articles 121 and 123. Unless and until such an inclusion by way of amendment is made by...
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: It is not a question of attitude, being progressive or otherwise, as Deputy à Snodaigh is implying. His proposal is simply not allowed under the statute.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: As I said in respect of amendment No. 9, given the definition is not agreed at the UN, we cannot simply pre-empt it.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: I move amendment No. 12: In page 12, line 1, to delete "Subject to subsections (3) and (4), the" and substitute "The". Amendment No. 12 deletes "Subject to subsections (3) and (4), the" in respect of the repeal of the Genocide Act 1973. In response to Deputies' queries during the debate on Committee Stage, the Minister agreed it is unusual to have something repealed subject to a condition. He...
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: If anyone commits an offence under the Genocide Act, it will be provided for under the Bill. One of the difficulties, and a reason for this peculiar situation, is that we must avoid the two items of legislation being identical. That could lead to confusion.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: The two Acts would contain the same provisions and this is not possible.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: In that instance, one Act is being consolidated by another. In this instance, however, each would be separate. The peculiar nature of this is based on the advice of the Chief Parliamentary Counsel, the technical expert whose advice I must follow.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: It is not intended that Deputy Howlin be wiser after it.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: To recap, section 7 Bill creates, inter alia, the domestic offence of genocide. Since the new offence of genocide is being created, there is no need for the old offence of genocide contained in the Genocide Act 1973, and consequently that provision is being repealed.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: The Deputy's reading is incorrect. The convention is not given force of law by the 1973 Act. It is purely for reference purposes.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: The repeal of the 1973 Act does not affect the standing of the Schedule. That is where the Deputy has misunderstood matters.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: The Schedule to the Act is for reference purposes. It gives no force of law to the convention.
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: On Committee Stage, Deputy Costello sought removal of the reference to the section in the last line section 9(4) and its replacement with reference to section 7(1) or section 8(1) as the case may be. It became clear from the discussion on this point that, as the Bill does not have a commencement date and all the provisions come into effect on the same day, it is more accurate to replace the...
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: The amendment would add a subsection which states: Where the State has ratified an international instrument providing that a specified offence shall be contrary to international law, the Minister may by order apply this Act, with such modifications as are appropriate, to such offence as if it were an ICC offence. The Attorney General has advised that the amendment would run contrary to the...
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: As a constitutional referendum affecting Article 29.9 was required to ratify the statute, as it effected a limited transfer of sovereignty, the proposed amendment may also constitute a breach of said article because it purports to extend the jurisdiction of the ICC in a manner beyond that contemplated by the constitutional licence granted by the constitutional amendment. I am reminded of a...
- International Criminal Court Bill 2003: Report Stage. (9 May 2006)
Frank Fahey: Amendments Nos. 23 and 24 reflect the concern expressed on Committee Stage by the Labour Party amendment to cover a situation in which, however unlikely, crimes against humanity might be perpetrated not just on Irish soil but in a transit vehicle such as an Irish ship or aircraft. The Minister accepted the principle behind the amendment but sought an opportunity to clarify the wording with...