Michael McDowell (Dublin South East, Progressive Democrats)

Section 42 differentiates between property that is money and property that is not money. Subsection (5) deals specifically with the confiscation co-operation order relating to a sum of money. It provides that such an order will act as a confiscation order requiring the person to pay the relevant sum of money. Subsection (6) is designed to cater for a confiscation co-operation order, with the confiscation to take effect with regard to property that is specifically not money. In the main, the section is a re-enactment of the provisions in section 20 of the Criminal Justice Act 1994 dealing with the realisation of property.

If we were to delete the phrase "other than money", it would not make sense. Money is, after all, a property in its own right and has been dealt with in subsection (5). The specific purpose of this section is to deal with property which is not money. The inclusion of the phrase "other than money" is, therefore, necessary to the provision here. The amendment would cause a slightly unsatisfactory relationship between subsections (5) and (6) if I were to accept it.