Seanad debates

Thursday, 29 April 2004

Transfer of Execution of Sentences Bill 2003: Committee Stage.

 

12:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

The Senator is seeking in section 5(2)(a) after the words "deemed to be" to insert "or is entitled to be". As in legislation that implements international arrangements, what we are doing here is following the language of the international instrument which we are implementing. For that reason, we have followed that particular expression because this legislation has to apply to the nationals of many different states. The agreed term used in this context was "national", hence the expression in the legislation. Under the law of the designated country the person is or is deemed to be a national of the designated country. The words "or is entitled to be" do not arise in this context because we are mirroring an international designation. We are not entering into our own designation because it is captured by the wider international designation that all of the states have agreed on the conclusion of this instrument. That is the reason for using that particular wording and the reason I am not disposed to import terms or phrases that might be used in our domestic legislation into this Bill, though I have no doubt we will have some interesting debates on phraseology in the weeks ahead.

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