SEANAD E´ IREANN ———————— AN BILLE UM CHEARTAS COIRIU´ IL (CU´ NAMH FRITHPHA´ IRTEACH) 2005 — AN TUARASCA´ IL CRIMINAL JUSTICE (MUTUAL ASSISTANCE) BILL 2005 — REPORT ———————— Leasuithe Amendments ———————— *Government Amendments are distinguished by an asterisk. 1. In page 19, line 31, after ‘‘request;’’ to insert ‘‘and (f) an account held by another person in any other circum- stances on behalf of, or representing in whole or in part the property of, the first-mentioned person’’. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 2. In page 22, between lines 31 and 32, to insert the following: ‘‘(2) An application under this section shall be heard other- wise than in public.’’. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 3. In page 23, to delete line 13. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 4. In page 25, between lines 33 and 34, to insert the following: ‘‘(2) An application under this section shall be heard other- wise than in public.’’. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 5. In page 26, to delete line 21. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 6. In page 30, to delete lines 44 to 46, and in page 31, to delete lines1to3. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 7. In page 32, after line 40, to insert the following: ‘‘(10) All documentation comprising the notification to member states of interception shall be treated as official documents relating to an authorisation, or the application therefor, for the purposes of the Act of 1993, and the pro- visions of section 8 of the Act of 1993 shall apply.’’. —Senators Maurice Cummins, Brian Hayes. [No. 35a of 2005] [10th May, 2006] 1 8. In page 33, line 11, after ‘‘appropriate’’ to insert the following: ‘‘, and this shall be deemed to be an authorisation under section 2 of the Act of 1993, and that Act and section 110 of the Act of 1983 (in so far as it relates to directions related to such authorisations) have effect accordingly, with any neces- sary modifications, for all purposes, as if the authorisation and any such directions had been given under the Act of 1993 and the Act of 1983’’. —Senators Maurice Cummins, Brian Hayes. 9. In page 33, between lines 11 and 12 to insert the following: ‘‘(3) Information obtained by another member state before the decision of the Minister under this section shall not be used by the member state except in accordance with Article 20.4(b)(ii) of the 2000 Convention.’’. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. *10. In page 33, line 13, to delete ‘‘allow’’ and substitute ‘‘authorise’’. 11. In page 33, between lines 21 and 22, to insert the following: ‘‘(5) Notifications by a member state of interception pursu- ant to this section shall be treated as an application for an authorisation for the purposes of section 8 of the 1993 Act, and the provisions of section 8 of the 1993 Act shall apply.’’. —Senators Maurice Cummins, Brian Hayes. *12. In page 33, line 16, to delete ‘‘such an authorisation’’ and sub- stitute ‘‘an authorisation under the said section 2’’. 13. In page 34, line 18, to delete ‘‘accessing’’ and substitute ‘‘using its best endeavours to access’’. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. *14. In page 34, between lines 35 and 36, to insert the following: ‘‘Application 28.—The Act of 1993 applies and has effect in of Act of relation to this Part with the necessary modifications, 1993 in relation to including the following: this Part. (a) references in the Act of 1993 to ‘this Act’ are to construed as references to this Part, (b) references therein to an authorisation are to be construed as references to— (i) an authorisation deemed under section 24(8) to be an authorisation under section 2 of the Act of 1993, or (ii) an authorisation under section 26(3), as the case may be, (c) references therein to a contravention of a pro- vision of the Act of 1993 are to be con- strued as references to a contravention of a provision of this Part, 2 (d) references therein to official documents are to be construed as references to official documents available to the Minister in con- nection with a request under this Part, and (e) references to a person in sections 8(5) and 9(11) of the Act of 1993 are to be construed as references to a person who is present in the State.’’. 15. In page 37, to delete lines 4 and 5. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 16. In page 39, between lines 3 and 4 to insert the following: ‘‘(3) An application under this section may be heard other- wise than in public.’’. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 17. In page 49, line 41, after ‘‘admissible’’ insert ‘‘, provided that no statement insofar as it consists of or includes a statement controverted by the defendant in proceedings shall be admiss- ible under this section unless the defendant was afforded the opportunity to exercise the rights referred to in subsection (10)(a)’’. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 18. In page 60, to delete lines 6 and 7 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—’’. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 19. In page 62, to delete lines 37 and 38 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—’’. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 20. In page 71, between lines 25 and 26, to insert the following: ‘‘(13) Where a document served pursuant to this section directs or requests the person to whom it is addressed to attend a hearing in a designated state, the document shall be served a reasonable time prior to the hearing in the desig- nated state concerned.’’. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 3 21. In page 80, to delete lines 1 to 4. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. 22. In page 81, between lines 21 and 22, to insert the following: ‘‘(2) The amendments effected by subsection (1) shall not affect any order made prior to the commencement of this section, but on or after the commencement of this section, the court may make such amendment to such order, or such further order, as may be appropriate in the circumstances.’’. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O’Meara, Derek McDowell, Michael McCarthy. Wt. 16625. 262. 5/06. Cahill (X49407). Gr. 30-15. 4.