Results 3,161-3,180 of 16,849 for speaker:Dermot Ahern

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: I thank Senator Regan for bringing this matter to our attention. Several amendments were made to section 14, the effect of one which was that the "due date for payment" definition was rendered unnecessary. However, it remained owing to an oversight. Our amendments take care of the problem.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: There is only one necessary definition which is included in section 14. We do not believe it is necessary to copy it in other sections. It is a matter of leaving it where it is.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: I am satisfied that it is only necessary to include it in section 14.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: When a receiver is notified by the Courts Service that a person has not paid a fine by the due date, the recovery order made by the court when the fine was imposed will take effect. This gives the receiver power to recover the fine or seize or sell property belonging to the offender equal to the amount of the fine. It may be that part of the fine was paid, for example, by instalments. One...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: This is a drafting amendment which acknowledges that the Courts Service is singular, rather than plural. Amendment agreed to. Government amendment No. 45: In page 14, subsection (3), line 25, to delete paragraph (e) and substitute the following: "(e) insure the property, and".

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: This is a drafting amendment that adds the word "and" to the end of paragraph (e) of subsection (3) which sets out the rights and responsibilities of a receiver as authorised by the court. Amendment agreed to.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: On Report Stage I introduced a list of amendments setting out how the provisions relating to the receiver would operate in practice and how receivers would be appointed. The purpose of these amendments is to put on a statutory basis measures that are necessary to ensure the fees the receiver can charge and the expenses he or she can claim are open, transparent and reasonable. Taking the...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: The purpose of amendment No. 54 is to ensure the definition of "fine" is properly inserted in the Criminal Justice (Community Service) Act 1983 and that the reference to the Fines Act 2010 is correct. Under the 1983 Act, community service can only be imposed by a court as an alternative to imprisonment. In this legislation I am extending the possibility of community service being imposed to...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: The Children's Act 2001 deals with the regime of fines for children under the age of 18 and in most circumstances there is reference to community service and other sanctions.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: The age of 16 is the minimum age for community service orders in both pieces of legislation.

Seanad: Fines Bill 2009: Committee Stage (Resumed). (28 Apr 2010)

Dermot Ahern: What the Senator's amendments try to do is to reduce the maximum periods. In most cases, her suggestion is that the periods be reduced by approximately a half. The current scale of imprisonment for default of payment of a fine imposed on summary conviction is covered in section 2 of the Courts (No. 2) Act 1986. Section 17 of this Bill will amend the scale in two ways. First, the maximum...

Seanad: Fines Bill 2009: Committee Stage (Resumed). (28 Apr 2010)

Dermot Ahern: This relates to the name and shame section. Amendment No. 65 will ensure that if a person pays the fine after the due date for payment but before his or her name is published, the name and address will not be published. In the case of publication on the Internet, amendment No. 66 will oblige the Courts Service to erase the reference to the default in any particular case after eight weeks or...

Non-Medicinal Psychoactive Substances Bill 2010: First Stage (28 Apr 2010)

Dermot Ahern: No.

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: From the Seanad (28 Apr 2010)

Dermot Ahern: Section 8 provides for the offences of money laundering outside the State in certain circumstances. The opening words in Section 8 (1) provide that the offence is committed only if the conduct concerned is an offence under the law of the place in which it has occurred, that is, outside the State. The advice of the Office of the Attorney General is that sections 8(1)(a) and 8(1)(b), which...

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: From the Seanad (28 Apr 2010)

Dermot Ahern: Amendments Nos. 3, 6, 8 and 9 deal with the definitions of various professional groups and the application of these terms within the Bill. The reason for including the definitions "barrister" meaning a practising barrister and "solicitor" meaning a practising solicitor is to clarify that the persons referred to are practising in their professions. The amendments to section 40 relate to the...

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: From the Seanad (28 Apr 2010)

Dermot Ahern: On Committee Stage in the Dáil an amendment was made to the definition of a financial institution in section 24 to include the category of an investment business firm, within the meaning of the Investment Intermediaries Act 1995, to bring within the scope of the Bill certain insurance intermediaries not otherwise covered. However, this had the unintended effect of bringing non-life...

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: From the Seanad (28 Apr 2010)

Dermot Ahern: The reason for the exclusion of non-life insurance business is mainly because much of the non-life insurance business is relatively small. It includes motor insurance policies and house policies. We tried to be as broad as possible to include as many circumstances as possible in which a money laundering risk could arise. It is unreasonable to extend the provisions of money laundering...

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: From the Seanad (28 Apr 2010)

Dermot Ahern: This amendment provides for a definition of "occasional transaction" in section 24 of the Bill. It has been included so that the term "occasional transaction" can be used in the relevant sections of the Bill without needing to be described separately each time as it applies. The amendments to sections 33 and 37 delete the current text, which in each case describes an "occasional...

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: From the Seanad (28 Apr 2010)

Dermot Ahern: This amendment was made to section 33, in Chapter 3 of the Bill, which relates to customer due diligence. Section 33(1)(d) provides that the identification and verification measures set out in section 33(2) must be applied before a service is carried out for a customer, if the designated person has reasonable grounds to doubt the veracity or adequacy of documents or information previously...

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: From the Seanad (28 Apr 2010)

Dermot Ahern: I thank the Deputy.