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Written Answers — Garda Stations: Garda Stations (11 Mar 2010)

Dermot Ahern: The Garda accommodation programme is based on agreed priorities established by An Garda Síochána and it is brought forward in close cooperation with the Office of Public Works, which has responsibility for the provision and maintenance of Garda accommodation. The relevant requirements are considered in the context of the Garda Síochána's identified accommodation priorities and in the...

Written Answers — Registration of Title: Registration of Title (11 Mar 2010)

Dermot Ahern: I would like to refer the Deputy to my reply to Question No. 366 of 2 February, 2010 which sets out the position in relation to this matter.

Written Answers — Visa Applications: Visa Applications (11 Mar 2010)

Dermot Ahern: I am informed by the Immigration Division of my Department that the person in question has been granted permission to remain in the State on Stamp 4 conditions for a one year period until 8 March 2011. Stamp 4 conditions entitle the person concerned to take up employment without the need for a work permit or to set up a business without the need for permission from the Minister for Justice,...

Written Answers — Citizenship Applications: Citizenship Applications (11 Mar 2010)

Dermot Ahern: Information in relation to the application lodged by the person referred to in the Deputy's question is not readily to hand. I will write to the Deputy as soon as it is available.

Written Answers — Garda Reserve: Garda Reserve (11 Mar 2010)

Dermot Ahern: I regret that the statistical information requested by the Deputy is not readily to hand. I will write to the Deputy as soon as it is available. However, I can assure the Deputy that recruitment to the Garda Reserve is ongoing. The moratorium on recruitment and appointments in the public service does not apply to the Garda Reserve, as members are volunteers and do not draw a salary.

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: ): Strategy documents are needed from time to time on various issues. For instance, I recently launched the first five year national strategy document on sexual, gender based and domestic violence. The document was produced to ensure coherence between the responses of the relevant agencies and non-governmental bodies. It did not require the introduction of new legislation and was...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: The reason for including a definition that "barrister" means a practising barrister, and "solicitor" means a practising solicitor, is to clarify that the persons intended to be captured in the relevant provisions of the Bill are persons actually practising in their respective professions. For instance, I have a practising certificate but I am not a practising solicitor at the moment. In...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: The first amendment is essentially technical in nature. It proposes to include a definition of "occasional transaction" in section 24, which deals with definitions. The reason for including the definition is that this term is used in a number of sections throughout the Bill, including the proposed amendment to section 55, which will be discussed later. It is therefore more appropriate and...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: It is cited because this is the amount specified in the EU directive. If we had to change it later, we would have to do so by primary legislation, but we are following what the directive says. The legislation is designed to implement what the directive states. Amendment agreed to.

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: We are looking at that issue in the context of Report Stage. We would think that the definition already included in respect of practising solicitors and barristers would apply but we will look at it in the context of Report Stage. Question put and agreed to. Sections 25 to 32, inclusive, agreed to. SECTION 33. Government amendment No. 5: In page 30, subsection (1), lines 8 to 16, to delete...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: Section 33 (8)( ) provides that if a designated person is unable to apply the measures specified in subsections (2) or (4), that is, identification and verification customer due diligence measures, due to the failure of the customer to provide the required documentation or information, the designated person cannot provide the service sought for so long as the failure remains unrectified. The...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: With regard to the amendment No. 7, the term "cohabitant" is not a requirement of the EU money laundering directive. The use of the term and its meaning, which I had initially intended to include in the Bill, was discussed at length on Committee Stage in the other House. On further reflection, I decided not to proceed with including this term within the current Bill. Senators will be aware...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: We are transposing what is already in the main directive and the implementation directive. A certain bar is put in place by that directive, and it would be wrong to lower that bar because we could then be bringing in myriad other people with no relevance to this type of legislation. The concept of politically exposed persons is used to allow the legislation to take account of those who are...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: This is related to the conversation we had with Senator O'Donovan about solicitors and people presenting themselves as solicitors although they are not. The inclusion of the word "agent" in section 41 is intended to capture quite a number of people who might not necessarily be captured under the definition of "accountant". Accountancy bodies have made such representations and we will...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: To answer the question, yes, they are. It is with regard to reporting requirements, which are obviously the core of the Bill.

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: The purpose of this amendment is not to exclude the Revenue Commissioners from receiving suspicious transaction reports. The representative bodies are suggesting, as Senator Bacik said, that reporting should be done to one agency only. Both the Garda and the Revenue Commissioners, in the context of this legislation, feel it is important that there be an obligation to report to both of them....

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: Following further consideration of these provisions, I have decided to make a number of amendments to the record-keeping provisions, the purpose which is to clarify and amend. Article 30 of the third money laundering directive states records must be kept for at least five years. However, this does not preclude a member state from applying a longer period. The Bill provides for a period of...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: I nearly know the note off by heart at this stage because the Labour Party constantly refers to the issue. The Interpretation Act 2005 already creates the template for the definition of terms commonly used across legislation. This is in preference to changing on a piecemeal basis parts of legislation, leaving one piece with a different definition to another. I cannot accept the amendment.

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: This amendment was tabled on Committee Stage in the Dáil and proposes to amend section 112, which provides protection to a person who discloses, in good faith, a suspicion relating to possible money laundering or terrorist financing in the circumstances set out in the section. I appreciate that the intention behind the amendment is to ensure that persons acting in good faith will be fully...

Seanad: Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage. (11 Mar 2010)

Dermot Ahern: As already indicated, I am considering a number of possible amendments for Report Stage. Certain representative groups - such as the Irish Taxation Institute, the Incorporated Law Society and those representing the accountancy profession in general - have raised various issues. We will be examining those issues and returning to deal with them on Report Stage.

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