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Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I move amendment No. 23: In page 11, to delete lines 13 to 21.

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I am satisfied that section 10 provides sufficient detail but I want to engage with the Deputy on the amendment to ensure we strengthen it. Subject to the view of the Office of Parliamentary Counsel, I am happy to accept the amendment.

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I have no objection in principle to referencing various sanction regimes. However, between now and Report Stage, I would like to work with the Deputy and her team, and with the Office of Parliamentary Counsel, OPC, on more careful consideration of the wording. For instance, we would respectfully suggest merging some of the points to include signal reference to sanctions emanating from UN...

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: We will come back to the Deputy and engage with her and her team, as well as the OPC, to try to get that sorted before Report Stage.

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I move amendment No. 28: In page 13, to delete lines 22 to 28 and substitute the following: “(4) Where a notifiable transaction is completed no later than 10 days from the date on which section 10 comes into operation, a party to the transaction shall be deemed to comply with section 10(1) where the party provides the Minister with the information referred to in section 10(1)(b) no...

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I move amendment No. 37: In page 15, to delete line 25 and substitute “Union;”

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I move amendment No. 38: In page 15, between lines 25 and 26, to insert the following: “(j) the extent to which the transaction affects, or would be likely to affect, projects or programmes of Union interest within the meaning of Article 8 of the Regulation.”.

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I move amendment No. 39: In page 15, line 28, after “panel” to insert “, or such members of the advisory panel as the Minister considers appropriate,”. This short amendment is intended to enhance the efficiency of the operation of the advisory panel. It does not involve any significant change or change in function. It reflects some of the consultations we...

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: SECTION 16

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I move amendment No. 42: In page 16, line 33, after “decision” to insert “on or before the later of." The changes are intended to clarify the timeline in which the Minister must make a screening decision. The revised changes reflect the simplification of the administrative process and confirm that the timeline within which the screening decision must be made...

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I move amendment No. 43: In page 16, to delete lines 34 to 38, and in page 17, to delete lines 1 to 11 and substitute the following: “(a) 90 days from the date on which the screening notice in relation to the transaction is issued, or (b) such date, not being more than 135 days from the date on which the screening notice in relation to the transaction is issued, as the Minister may...

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I move amendment No. 44: In page 17, line 13, to delete “(a) or (b)”.

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I move amendment No. 54: In page 20, line 4, to delete “subsection (3)(a) or (b), as the case may be, of section 16” and substitute “section 16(3)”.

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: In the spirit of what is seldom is wonderful, I am happy to support this amendment. However, we must get approval from the Office of Parliamentary Counsel, OPC, on the language of it so I ask Deputy O'Reilly to withdraw it. We will engage with her ahead of Report Stage.

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I move amendment No. 58: In page 25, line 16, after “Act” to insert “, or a screening decision deemed by this Act to have been made,”.

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: I move amendment No. 66: In page 33, line 27, after “section 34(5),” to insert “or an appeal from any decision of the High Court under sections 35 to 37,”. This amendment ensures consistency is applied in how various types of appeals to the courts are treated. Essentially, the additional text clarifies that regardless of which court might be hearing an...

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: In fact, I know that they are.

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: Article 13(3)(d) outlines that the Minister and the advisory panel can consult any other member of Government or Minister that they consider appropriate. Article 39 gives the panel the right to require assistance from experts to assist them in their job. They will have the capacity and scope within the legislation to either seek ministerial input or an input from other experts.

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: No, they will advise the panel using information sourced from experts or the Department view, and then the panel will be able to make the call on that based on their input.

Select Committee on Jobs, Enterprise and Innovation: Screening of Third Country Transactions Bill 2022: Committee Stage (25 Jan 2023)

Dara Calleary: There are two different scopes. In this case, if we were to work this through, the panel can seek the input of the Department of Housing, Local Government and Heritage but the panel can make a call on whether it requires a specific expert. Within the operating guidelines there will be guidance given as to the kind of experts that the panel might be able to get. There are going to some...

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