Results 481-500 of 1,150 for speaker:Frank Fahey

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

Frank Fahey: On Committee Stage, Deputy Costello sought removal of the reference to the section in the last line section 9(4) and its replacement with reference to section 7(1) or section 8(1) as the case may be. It became clear from the discussion on this point that, as the Bill does not have a commencement date and all the provisions come into effect on the same day, it is more accurate to replace the...

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

Frank Fahey: The amendment would add a subsection which states: 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. The Attorney General has advised that the amendment would run contrary to the...

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

Frank Fahey: As a constitutional referendum affecting Article 29.9 was required to ratify the statute, as it effected a limited transfer of sovereignty, the proposed amendment may also constitute a breach of said article because it purports to extend the jurisdiction of the ICC in a manner beyond that contemplated by the constitutional licence granted by the constitutional amendment. I am reminded of a...

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

Frank Fahey: Amendments Nos. 23 and 24 reflect the concern expressed on Committee Stage by the Labour Party amendment to cover a situation in which, however unlikely, crimes against humanity might be perpetrated not just on Irish soil but in a transit vehicle such as an Irish ship or aircraft. The Minister accepted the principle behind the amendment but sought an opportunity to clarify the wording with...

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

Frank Fahey: I move amendment No. 23: In page 13, between lines 43 and 44, to insert the following: "(3) An act which— (a) is done outside the State on board an Irish ship or Irish controlled aircraft, and (b) if done within it, would constitute an ICC offence, is deemed for the purposes of this Act to have been done within the State.".

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

Frank Fahey: I move amendment No. 24: In page 14, between lines 2 and 3, to insert the following: "(4) In this section— "Irish controlled aircraft" has the meaning given to it by section 1(1) of the Air Navigation and Transport Act 1973; "Irish ship" has the meaning given to it by section 9 of the Mercantile Marine Act 1955.".

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

Frank Fahey: These amendments seek to apply the same responsibility for acts committed to everyone, regardless of their status as civilians or non-civilians. Article 28, however, sets out additional responsibilities of military commanders and other superiors, and imposes added responsibility on such people. To accept the Deputy's amendments would not accurately reflect the provision of the Rome Statute....

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

Frank Fahey: I move amendmentNo. 27: In page 14, to delete lines 13 to 26 and substitute the following: "14.—(1) In proceedings for an offence under this Part— (a) the measures specified in paragraphs 1 and 5 of Article 68 (protection of victims and witnesses and their participation in proceedings) shall, where appropriate, be taken during the investigation and prosecution of the offence, and (b) the...

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

Frank Fahey: I move: "That Report Stage be taken now."

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

Frank Fahey: The amendment seeks to delete from the general interpretations under section 2(1) the phrase "unless the context otherwise requires". This amendment may be proposed on the basis of the provisions in section 4 of the Interpretation Act 2005 in relation to that Act's application. However, that section only refers to provisions of the Interpretation Act itself and their application to other...

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

Frank Fahey: I move amendment No. 2: In page 7, to delete line 32. Following the discussions on Committee Stage these technical amendments are to clarify references in the Bill to the European Arrest Warrant Act 2003. The definition of the 2003 Act means the European Arrest Warrant Act 2003. This has been deleted and amendments have been made throughout the Bill to amend references to the Act of 2003 and...

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

Frank Fahey: I move amendment No. 3: In page 8, to delete lines 20 to 22 and substitute the following: ""prison" means a place of custody administered by or on behalf of the Minister and includes— (a) Saint Patrick's Institution, (b) a place provided under section 2 of the Prisons Act 1970, (c) a place specified under section 3 of the Prisons Act 1972, and (d) a remand centre designated under section 88...

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

Frank Fahey: The Prisons Bill 2005 defines prison and prison rules. Section 10, on prison rules, amends section 19 of the Criminal Justice (Miscellaneous Provisions) Act 1997. The amendment proposes to reflect that definition. That is all.

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

Frank Fahey: Different institutions were established under different items of legislation. St. Patrick's Institution was established under specific legislation, therefore, that is the reason for the necessity for this amendment. It is a formula used under all legislation dealing with prisons.

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

Frank Fahey: It tends to be the case that separate institutions were established under separate items of legislation. St. Patrick's Institution was established under specific legislation and that is why it must be mentioned in this situation.

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

Frank Fahey: It is simply to ensure the inclusion of institutions. By not mentioning other institutions one does not exclude any other institution.

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

Frank Fahey: No, it is not. It must be specifically mentioned because it is covered under different legislation.

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

Frank Fahey: I move amendment No. 4: In page 8, line 42, to delete "Act of 2003" and substitute "European Arrest Warrant Act 2003".

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

Frank Fahey: This amendment seeks to apply the provisions of Article 87 to a situation, regardless of the fact that there may be some difficulty with disclosure of information in the particular circumstances or conditions attaching to such information. Section 4 sets out the approach to be taken for an unresolved issue and clearly provides in subsection (2 )(c)(ii)(II) for consultation in accordance with...

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

Frank Fahey: Article 98 of the Rome Statute provides that the ICC may not proceed with the request for surrender. The amendment seeks to forbid recognition by Ireland of any amnesty, pardon or measure of impunity in regard to offences within the remit of the International Criminal Court. Section 61 of the Bill deals with immunity and provides that, in accordance with Article 27 of the Rome Statute, any...