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International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: I am grateful to the Minister of State for accepting the case made by my colleague on Committee Stage and by me now.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: I move amendment No. 16: In page 12, line 10, to delete "commencement" and substitute "passing".

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: I move amendment No. 18: In page 12, between lines 18 and 19, to insert the following: "(2) 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.". While the Minister of State referred...

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: It is a new for the Civil Service to argue that one.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: It is wonderful that the arguments can be marshalled to suit the case in need. In virtually every Bill of late, the Civil Service has inserted a catch-all phrase as a norm. I dealt with one last week, ironically from the Department of Justice, Equality and Law Reform, where such a catch-all phrase was used whereby, notwithstanding any other provision, the Minister may basically do anything...

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: I move amendment No. 19: In page 12, line 29, to delete "commencement of this section" and substitute "passing of this Act".

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: I move amendment No. 22: In page 13, between lines 33 and 34, to insert the following: "(2) An act done on an Irish ship or an Irish aircraft, wherever situate, shall be deemed to have been done in the State.". I understand that the comma was a point of contention with the Minister on Committee Stage so I have restated the amendment, comma included, to overcome his difficulty. The amendment...

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: As the principle of my amendment has been accepted and a new grammatical solution, commas included, drawn up, I will accept the Minister's amendment and withdraw that in my name.

Order of Business. (9 May 2006)

Brendan Howlin: The Minister, Deputy McDowell, is able to deal with six Bills at a time.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: I move amendment No. 1: In page 7, line 28, to delete ", unless the context otherwise requires". I did not deal with this matter on Committee Stage, but I understand it arises out of the debate there. I understand the phrase is unnecessary following the Interpretation Act 2005, which came into force since the debate on section 2 of the Bill.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: It is a technical arrangement. I was not involved in the debate on Committee Stage. If the Minister of State has had an opportunity to reflect again with the Parliamentary Counsel and feels it is a necessary component of the Act, I withdraw the amendment.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: I have a technical question as to why the broad definition of a prison does not simply mean a place of custody administered by or on behalf of the Minister. Was there a particular reason why some institutions were specifically mentioned, including Saint Patrick's? How would further plans to alter institutions fit with this legislation?

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: The Minister of State has not answered the questions. He is simply saying it reflects a definition of another enactment. It seems that if one is to define prison in the context of a piece of legislation, we must ensure the International Criminal Court legislation we are enacting has no loopholes. One of the loopholes frequently used is in defining the implications of certain sections. In the...

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: I am no wiser. Is it the case that because it is a formula that was used previously, it must be right?

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: I do not propose to waste time on this matter but the Minister of State might listen to the questions I pose. Deputy Ó Snodaigh made the point about St. Patrick's Institution. I am asking why we should mention any institution, rather than have a definition in the Bill that states a prison is a place of custody administered by or on behalf of the Minister, simpliciter so that it includes any...

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: It is, therefore, redundant.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: I am going nowhere on this.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: It is a new amendment.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: It was not discussed previously.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Brendan Howlin: Very good. I thank the Ceann Comhairle but it is not important enough to take the time.

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