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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.

Order of Business (11 Mar 2010)

Dermot Ahern: It is as if Deputy Reilly's profession has nothing to answer for in all of this. This is complete hypocrisy.

Written Answers — Commercial Rent Reviews: Commercial Rent Reviews (10 Mar 2010)

Dermot Ahern: The only correspondence received by my Department which falls within the scope of the Deputy's question is a letter I received from the Irish Association of Pension Funds in May 2009 which commented on the impact which any retrospective abolition of upwards only rent reviews would have on property values. I should add that the decision to confine the prohibition on upwards only rent review...

Written Answers — Legal Aid Service: Legal Aid Service (10 Mar 2010)

Dermot Ahern: Extensive correspondence has been received in my Department from the person concerned in recent years. With regard to the Legal Aid Board, I can inform the Deputy that under section 7(3) of the Civil Legal Aid Act, 1995, I am precluded from exercising any power or control in relation to any particular case with which the Legal Aid Board is or may be concerned. Furthermore, in respect of any...

Written Answers — Debt Collection: Debt Collection (10 Mar 2010)

Dermot Ahern: The law already provides that entry to or interference with the property of another person can be a civil or criminal wrong. However, operation of the law in this area is being kept under review in my Department with a view to any legislative changes that may be necessary. Moreover, the Law Reform Commission is currently preparing its Final Report on Management of and Enforcement of Debt,...

Written Answers — Consultancy Contracts: Consultancy Contracts (10 Mar 2010)

Dermot Ahern: The information requested is provided in the following table. The date of the previous Parliamentary Question which I referred was Tuesday, 18th November, 2008. Year Consultancy Expenditureâ'¬ 2009 438,328

Written Answers — Inquiries into Garda Activities: Inquiries into Garda Activities (10 Mar 2010)

Dermot Ahern: An Inquiry into the death of the person concerned was conducted was conducted by Mr Hugh Hartnett S.C. pursuant to the Dublin Police Act 1924. The Inquiry was established in September 2005 and it reported to my predecessor on 2 October 2007. The Attorney General advised that Mr Hartnett's report could not be published in full for legal reasons so an abridged summary was prepared and...

Written Answers — Garda Training: Garda Training (10 Mar 2010)

Dermot Ahern: The Garda Síochána is committed, under its current Youth and Children Strategy, "to provide a quality policing service to all the children and young people in our society and to do so with dignity and respect for their human rights by communicating, listening and working towards building and maintaining positive relationships with children and young people". An important element of the...

Written Answers — Garda Training: Garda Training (10 Mar 2010)

Dermot Ahern: The Garda Síochána is committed, under its current Youth and Children Strategy, "to provide a quality policing service to all the children and young people in our society and to do so with dignity and respect for their human rights by communicating, listening and working towards building and maintaining positive relationships with children and young people". An important element of the...

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