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Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 1: In page 15, line 26, to delete "This section also applies to" and substitute "Subsections (2) to (6) extend to". The purpose of amendment No. 1 is to clarify that subsections (2) to (6) extend to proceedings for an offence under subsections 7(a) and (b), that is, sections 10 and 7(1) of the Criminal Law Act 1997, for aiding, abetting, counselling or procuring the...

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I thank the Deputy.

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 2: In page 15, line 34, after "Part," to insert the following: "or an offence under section 7(1) of the Criminal Law Act 1997 referred to in subsection (7)(b),".

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 3: In page 15, line 42, after "Part," to insert the following: "or an offence under section 7(1) of the Criminal Law Act 1997 referred to in subsection (7)(b),".

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 4: In page 19, line 9, to delete "proceedings" and substitute "proceedings,". This is another technical amendment, the purpose of which is to insert a comma after the term "legal proceedings" in section 20(1)(a). It arises as a result of the absence of said comma, which should have been inserted as a result of a previous amendment.

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 5: In page 20, line 34, to delete "solicitor," and substitute "solicitor, or". The purpose of this amendment is to insert the word "or" into section 24, between paragraphs (b) and (c) of the definition of "customer".

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 6: In page 20, line 42, after "meaning" to insert "of Part 2". The definition of "designated accountancy body" in section 24 is by reference to a prescribed accountancy body within the meaning of the Companies (Auditing and Accounting) Act 2003. The purpose of the amendment is to insert the term "of Part 2 ", as this is the correct reference within that Act.

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: As Deputies stated, considerable discussion took place on this issue on Committee Stage. I did not take Committee Stage myself but I have seen the proceedings on it. We stated we would re-examine the matter and on balance, while we can understand the import of what the amendments are trying to do we felt it would be better to await the passing of the Civil Partnership Bill which will also...

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I do not think there will be any difficulty in that we will amend the Civil Partnership Bill in the context of this Bill when it is passed. We do not see any difficulty in the meantime.

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 8: In page 38, to delete lines 22 and 23.

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 9: In page 38, to delete lines 30 and 31.

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 10: In page 40, between lines 42 and 43, to insert the following: "(iv) who is a tax adviser and who is also a member of a designated accountancy body, the Irish Taxation Institute or the Law Society of Ireland,". The purpose of this amendment is to include tax advisers in section 40, which provides for reliance on other persons - that is relevant third parties - to carry...

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: To give a simple answer, section 112 on disclosure of information in good faith protects people. Each case will be determined on its merits by a court but section 112 applies to the disclosure in good faith, to a member of the Garda Síochána or to any person who is concerned in the investigation or prosecution of an offence and the section states that a disclosure to which the section...

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 11: In page 41, line 16, after "auditor," to insert "tax adviser,".

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 12: In page 41, line 34, after "auditor," to insert "tax adviser,".

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 13: In page 41, line 50, after "employer)" to insert "and the relevant third party".

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I have examined this but I do not understand the point made by the Deputy. I can understand that a body representing accountants would like to restrict as much as possible what it would regard as bureaucracy but from the point of view of getting proper reporting a number of significant pieces of legislation include both the Garda Síochána and the Revenue Commissioners, such as section 59...

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I have dealt with similar proposals from the Labour Party in the context of other legislation. The Interpretation Act 2005 already provides that the word "oath", in the case of a person for the time being allowed by law to affirm or declare, includes an affirmation or declaration. We do not believe it is preferable to define something in a Bill or Act if it has already been dealt with in...

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: I move amendment No. 16: In page 78, line 30, to delete "committee or management" and substitute "committee of management". This is a technical amendment which corrects a mistake in section 111(a).

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Report and Final Stages (17 Feb 2010)

Dermot Ahern: We do not believe the proposed amendment is necessary. Civil or criminal liability could not arise unless there was a breach of an enactment or rule of law and the section specifically states that the circumstances set out will not constitute such a breach. While I understand Deputy Tuffy's desire to ensure persons who comply with the law by reporting suspicions are fully protected, we do...

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