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Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 39: In page 54, line 21, after "39," to insert "40,".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 40: In page 54, line 26, after "39," to insert "40,".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 41: In page 56, line 8, to delete "confiscation" and substitute "forfeiture".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 42: In page 56, line 39, to delete "Police Property Act" and substitute "Police (Property) Act".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: My amendments are rather technical in character. The point of principle is Deputy Rabbitte's.

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: Amendment No. 43 proposed by Deputy Rabbitte seeks to insert an express reference to the constitutional rights of the person who is examined in another state. The way this matter is dealt with in the Bill is set out in subsection 10, which provides that a court has a discretion as to whether the law of the state where the evidence was taken allowed for legal representation and...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 44: In page 58, to delete lines 9 to 14.

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 45: In page 65, to delete lines 33 to 35 and substitute the following: "is guilty of an offence and liable— (i) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, or (ii) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.". Amendment No....

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 46: In page 67, between lines 16 and 17, to insert the following: "(8) In any proceedings relating to the offence— (a) evidence (other than documentary evidence) which purports— (i) to have been obtained as a result of a request under this section, and (ii) to be certified by or on behalf of the appropriate authority to be such evidence, is admissible without further...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 47: In page 68, line 21, to delete "an order" and substitute "a warrant".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 48: In page 68, to delete lines 22 to 33 and substitute the following: "(8) If, on the application, the judge is satisfied that this section applies to the request and it appears to him or her that there are reasonable grounds for believing that entry to any place is necessary for the purposes of complying with it, the judge may issue a warrant for the search of the place...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 49: In page 70, to delete lines 12 to 14 and substitute the following: "(16) In this section— "evidence" includes evidence of or relating to assets or proceeds deriving from criminal conduct in the designated state concerned or their identity or whereabouts; "member state" includes the Swiss Confederation.". These amendments to sections 73 and 74, are necessary as a...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 50: In page 71, to delete lines 16 to 25 and substitute the following: "(9) If, on the application, the judge is satisfied that this section applies to the request and it appears to him or her that there are reasonable grounds for believing that the person named in the request possesses the evidential material, the judge may make an order under subsection (10).".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 51: In page 72, line 18, to delete "subsection (15)" and substitute "subsection (17)".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 52: In page 73, to delete lines 15 to 17 and substitute the following: "(19) In this section— "evidential material" includes any such material relating to assets or proceeds deriving from criminal conduct in the designated state concerned or their identity or whereabouts; "member state" includes the Swiss Confederation.".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 53: In page 73, line 34, to delete "records." and substitute the following: "records; "nurse" means a person whose name is entered for the time being in the register of nurses established under section 27 of the Nurses Act 1985.". These amendments relate to the identification evidence provisions of the Bill. Amendment No. 53 introduces a definition of "nurse" into...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 54: In page 74, to delete lines 40 to 43 and in page 75, to delete lines 1 and 2.

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 55: In page 76, line 8, after "doctor" to insert "or nurse".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 56: In page 76, to delete lines 13 to 18 and substitute the following: "(7) Where a sample of hair other than pubic hair is taken in accordance with this section— (a) the sample may be taken by plucking hairs with their roots and, in so far as it is reasonably practicable, the hairs shall be plucked singly, and (b) no more hairs shall be plucked than the person taking...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 57: In page 76, line 36, after "evidence" to insert the following: ", as well as the record of any analysis of the evidence, or any other record relating to it, that may be made in the requesting state,".

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