Seanad debates

Thursday, 11 March 2010

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Committee Stage.

 

12:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I move amendment No. 7:

In page 38, subsection (10), between lines 14 and 15, to insert the following:

" "cohabitant" in relation to a person means a person cohabiting with the first-mentioned person as man and wife or in an equivalent same sex relationship;".

I am agreeing it although they are very different amendments but they relate to the same section and to definitions so I am happy to discuss them together. Amendment No. 7 relates to the definition of "cohabitant". As there is no definition currently in the legislation we felt the section might be unduly vague. We have inserted in the definition that "cohabitant" means a person cohabiting as man and wife or in an equivalent same sex relationship. Clearly the Civil Partnership Bill, once enacted, would have implications but I think that is already envisaged in the wording of section 37. I think it covers the spouse or a person considered to be equivalent to a spouse. Presumably that would cover civil partners once that legislation has been enacted.

Amendment No. 8 deals with an issue I raised on Second Stage. I thought that the "politically exposed person" definition might be somewhat vague. I can see and thoroughly support the objective of including persons who are politically exposed who are elected to public office and so on. Of course, they should be included. I am not in any way trying to water it down but could it be interpreted in such a way as to include people who have been entrusted once with some prominent public function, for example, a role on a board of a prominent public NGO but they are not actually working for the State? Is that a prominent public function? I suspect it is. If somebody who is the chairperson of a children's rights alliance group or a group of that nature - that is plucked from the air - he or she might somehow be brought into the net. I was concerned that would not be the case but I do not think that is the intention. I propose a definition that I hope will cover all the people we want to cover. I am not necessarily wedded to this particular wording but I consider that "people elected to public office, appointed to a public board or position of authority or otherwise entrusted with a prominent public function involving the exercise of some authority or decision-making power", would be more specific. I would be grateful for the Minister's view.

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