Seanad debates

Thursday, 11 October 2018

Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2018: Committee and Remaining Stages

 

10:30 am

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein) | Oireachtas source

Perhaps the Minister of State could provide some further clarity on amendment No. 5. The amendment involves the deletion of section 23 and involves the deletion of references to section 43 of the parent Act. The section removes the defence, under section 43 of the parent Act, relating to the use of internal reporting procedure established by an employer for the purpose of facilitating the operation of the section in question. If I understand it correctly, the amendment would remove as a defence for a breach the requirement for designated persons to report transactions connected with places that have inadequate procedures in place for detection of money laundering or terrorist financing. I presume this is the reason for the existing section 23, which would have substituted section 43 of the parent Act, and it is no longer required as the section will remain as it is. It seems a defence will no longer be available for using internal reporting procedures. Can the Minister of State clarify the matter for me? It is not entirely clear to me.

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