Committee Reports > List of Committees > Dáil > 1995 > Select Committee on Legislation and Security > Report - Select Committee on Legislation and Security for the period 7 April, 1993 to 31 December, 1994

APPENDIX 4

Report and Proceedings of the Select Committee

(a) Inaugural Meeting of the Select Committee

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé Máirt, 4 Bealtaine, 1993

Tuesday, 4th May, 1993

1. The first meeting of the Select Committee was held at 12 noon in Room G.2, Kildare House.

2. Members Present.

The following members were present:

Deputies Dermot Ahern, Barrett, Brisocoe, John Browne (Carlow-Kilkenny), Callely, Carey, De Valera, Ferris, Liam Fitzgerald, Foley, Kemmy, Derek McDowell, Mulvihill, O’Donoghue, Jim O’Keeffe, Power, Eoin Ryan, John Ryan, Shatter, Shorthall, Dan Wallace.

3. Election of Chairman.

Motion Made (Deputy John Browne (Carlow-Kilkenny))

That Deputy Wallance be the Chairman of the Select Committee.

Question put, and agreed to.

Deputy Wallace took the Chair accordingly.

4. Date of next Meeting.

It was agreed that the Defence Estimates would be considered on Friday, 7 May, 1994, at 10.30 a.m.

5. Adjournment.

The Select Committee adjourned at 12.55 p.m.

(b) Bills

(i) An Bille um Cheartas Coiriúil (Ord Poiblí), 1993

Criminal Justice (Public Order) Bill, 1993

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) DAN WALLACE,

Chairman.

22nd September, 1993.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé Máirt, 13 Iúil, 1993

Tuesday, 13th July, 1993

1. The Committee met at 2.30 p.m.

2. Members Present.

The following members were present:-

Deputy Dan Wallace (in the Chair), the Minister for Justice, Deputies Dermot Ahern, Noel Ahern*, Barrett, Briscoe, John Browne (Carlow-Kilkenny), Carey,

Collins, Liam Fitzgerald, Foley, Gilmore, Harney, Harte, Kavanagh*, Kemmy, Lawlor*, Derek McDowell, Gay Mitchell, Mulvihill, Jim O’Keeffe, Power, Eoin Ryan, John Ryan, Shatter, Shortall, Timmins and Eamon Walsh.

3. Consideration of Bill.

The Committee took the Bill into consideration.

(i) Section 1.

Amendment proposed (Deputy Harney):

“In page 3, lines 26 and 27, to delete subsection (3).”

Amendment, by leave, withdrawn.

Section agreed to.

(ii) Sections 2 and 3 agreed to.

(iii) New section.

Amendment proposed (Deputy Gilmore):

“In page 4, before section 4, to insert the following new section:

‘4.—In determining the sentence to be imposed on a person for an offence to which this Act applies, a court shall take into account, and may, where necessary, receive evidence or submissions concerning, any effect (whether long-term or otherwise) of the offence on the person in respect of whom the offence was committed.’.”

Amendment, by leave, withdrawn.

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 5 p.m. until 10.30 a.m. on Thursday, 22nd July.

^* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee Deputies Noel Ahern and Lawlor substituted for Deputies O’Donoghue and Callely respectively; and Deputy Kavanagh substituted for Deputy Mulvihill (for part of the meeting).

^* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee Deputies Noel Ahern, Broughan, Byrne, Costello, Lawlor and Ned O’Keeffe substituted for Deputies Briscoe, John Ryan, Power, Shortall, Collins and Callely respectively; Deputy Nealon substituted for Deputy Barrett (for part of the meeting); and Deputies Durkan and Nealon substituted alternately for Deputy Jim O’Keeffe.

Déardaoin, 22 Iúil, 1993

Thursday, 22nd July, 1993

1. The Committee met at 10.30 a.m.

2. Members Present.

The following members were present:—

Deputy Dan Wallace (in the Chair), the Minister for Justice, Deputies Dermot Ahern, Noel Ahern*, Barrett, Broughan*, John Browne (Carlow-Kilkenny), Byrne*, Carey, Costello*, Durkan*, Liam Fitzgerald, Foley, Gilmore, Gregory, Harney, Harte, Kemmy, Lawlor*, Lenihan, Derek McDowell, Gay Mitchell, Mulvihill, Nealon*, O’Donoghue, Ned O’Keeffe*, Shatter, Timmins and Eamon Walsh.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) New section.

Amendment proposed (Deputy Gilmore):

“In page 4, before section 4, to insert the following new section:

‘5.—(1) Subject to the provisions of this section, on conviction of any person of an offence, the court instead of or in addition to dealing with him in any other way, may, unless it sees reason to the contrary, make (on application or otherwise) an order (in this Act referred to as a “compensation order”) requiring him to pay compensation in respect of any personal injury or loss resulting from that offence (or any other offence that is taken into consideration by the court in determining sentence) to any person (in this Act referred to as the “injured party”) who has suffered such injury or loss.

(2) The compensation payable under a compensation order (including a compensation order made against a parent or guardian of the convicted person and notwithstanding, in such a case, any other statutory limitation as to amount) shall be of such amount (not exceeding, in the case of such an order made by the District Court, such amount as may stand prescribed for the time being by law as the limit of that Court’s jurisdiction in tort) as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the convicted person or the prosecutor, and shall not exceed the amount of the damages that, in the opinion of the court, the injured party concerned would be entitled to recover in a civil action against the convicted person in respect of the injury or loss concerned.

(3) Where the commission of the offence by the convicted person involved the taking of property out of the possession of the injured party and the property has been recovered, any loss occurring to the injured party by reason of the property being damaged while out of his possession shall be treated for the purposes of subsection (1) as having resulted from the offence, irrespective of how the damage was caused or who caused it.

(4) A compensation order may provide for the payment of money as compensation or for the carrying out of works in lieu of payment or for both.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gilmore):

“In page 4, before section 4, to insert the following new section:

‘6.—Section 17 of the Criminal Justice Act, 1984 is hereby amended by the insertion after “£1,000” of “to be increased on the 1st day of January of each year by the amount of the increase in the Consumer Price Index over the previous year”.’.”

Amendment, by leave, withdrawn.

(ii) Section 4.

Question:—“That the section stand part of the Bill” — put: the Committee divided: For, 19; Against, 7.

For:—The Minister for Justice, Deputies Dermot Ahern, Noel Ahern, Broughan, Byrne, Costello, Liam Fitzgerald, Foley, Gilmore, Harney, Kemmy, Lawlor, Lenihan, Derek McDowell, Mulvihill, O’Donoghue, Ned O’Keeffe, Dan Wallace and Eamon Walsh.

Against:—Deputies Barrett, John Browne (Carlow-Kilkenny), Carey, Harte, Gay Mitchell, Nealon and Timmins.

The Question was declared carried accordingly.

(iii) New section.

Amendment proposed (Deputy Gay Mitchell):

“In page 4, before section 5, to insert the following new section:

“5.—Where a member of the Garda Síochána suspects, with reasonable cause, that a person is consuming intoxicating substance(s) in a public place, in such a way as to cause nuisance to another person, the member concerned may seize, obtain or remove, without warrant, any bottle or container, together with its contents.’.”

Amendment, by leave, withdrawn.

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 1.30 p.m. sine die.

Dé Máirt, 14 Meán Fómhair, 1993

Tuesday, 14th September, 1993

1. The Committee met at 11 a.m.

2. Members Present.

The following members were present:—

Deputy Dan Wallace (in the Chair), the Minister for Justice, Deputies Dermot Ahern, Barrett, Briscoe, John Browne (Carlow-Kilkenny), Callely, Carey, Costello*, Liam Fitzgerald, Flaherty†, Foley, Gilmore, Gregory, Harney, Harte, Kemmy, Derek McDowell, Michael McDowell*, Gay Mitchell, Jim Mitchell*, O’Donoghue, Jim O’Keeffe, Ned O’Keeffe*, Eoin Ryan, Shatter, Shortall, Brendan Smith*, Timmins, Upton* and Eamon Walsh.

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee Deputies Michael McDowell. Ned O’Keeffe and Upton substituted for Deputies Clohessy, Collins and Mulvihill respectovely; and Deputies Costello, Jim Mitchell and Brendan Smith substituted for Deputies Derek McDowell, Shatter and Foley respectively (for part of the meeting).

† Deputy Flaherty attended pursuant to paragraph (16) of the Orders of Reference of the Select Committee.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 5.

Amendment proposed (Deputy Gay Mitchell):

“In page 4, subsection (1), line 34, after ‘place’ to insert including a public park whether open or closed,’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Callely):

“In page 4, subsection (1), lines 36 and 37, to delete paragraph (a).”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gay Mitchell):

“In page 4, subsection (1), line 41, after ‘vicinity’ to insert ‘and if complained of by such person’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gay Mitchell):

“In page 5, between lines 4 and 5, to insert the following subsection:

‘(4) For the purposes of this Act, a public place shall not include places of licensed entertainment.’.”

Question put, and decided in the negative.

Question proposed:— “That the section stand part of the Bill”.

Debate ensued.

Further consideration of the Bill adjourned.

4. Meeting Suspended.

Ordered: That the Meeting be now suspended until 2.30 p.m.

The Meeting was accordingly suspended at 1.30 p.m.

The Meeting was resumed at 2.30 p.m.

5. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 5.

Question again proposed:— “That the section stand part of the Bill”.

Question put, and agreed to.

(ii) Section 6.

Amendment proposed (Deputy Gay Mitchell):

“In page 5, subsection (1), line 6, to delete ‘,abusive or insulting’ and substitute ‘and intimidating’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gay Mitchell):

“In page 5, subsection (1), lines 7 and 8, to delete ‘a breach of the peace or whereby a breach of the peace may be occasioned’ and substitute ‘the commission of a criminal offence’.”

Amendment, by leave, withdrawn.

Section agreed to.

(iii) Section 7 agreed to.

(iv) Section 8.

Amendment proposed (Deputy Gay Mitchell):

“In page 5, subsection (1), lines 21 to 23, to delete ‘preventing the transaction of the business of the meeting or to incite another person so to act’ and substitute ‘provoking the commission of a criminal offence’.”

Debate ensued.

Further consideration of the Bill adjourned.

6. Adjournment.

The Committee adjourned at 5.45 p.m. until 10 a.m. on Wednesday, 15th September, 1993.

Dé Céadaoin, 15 Meán Fómhair, 1993

Wednesday, 15th September, 1993

1. The Committee met at 10 a.m.

2. Members Present.

The following members were present:—

Deputy Dan Wallace (in the Chair), the Minister for Justice, Deputies Dermot Ahern, Michael Ahern*, Noel Ahern*, Barrett, Briscoe, John Browne (Carlow-Kilkenny), Richard Bruton**, Raphael P. Burke*, Callely, Costello*, Creed*, Liam Fitzgerald, Flaherty*, Gilmore, Gregory, Harney, Harte, Kemmy, Michael McDowell*, McGrath*, Gay Mitchell, Mulvihill,

Ned O’Keeffe*, Eoin Ryan, Shortall, Brendan Smith** and Eamon Walsh.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 8.

The following amendment had been proposed by Deputy Gay Mitchell on 14th September:

“In page 5, subsection (1), lines 21 to 23, to delete ‘preventing the transaction of the business of the meeting or to incite another person so to act’ and substitute ‘provoking the commission of a criminal offence’.”

Amendment, by leave, withdrawn.

Section deleted.

(ii) Section 9 agreed to.

(iii) New section.

Amendment proposed (Deputy Gay Mitchell):

“In page 6, before section 10, to insert the following new section:

‘10.—(1) Any person who shall in any unlawful manner wilfully prevent or interrupt the free passage of any person or vehicle in a public place without lawful authority or reasonable excuse shall be liable on summary conviction to a fine not exceeding £500.

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee Deputies Micheal Ahern, Noel Ahern, Raphael P. Burke, Costello, Creed, Flaherty, Michael McDowell, McGrath and Ned O’Keeffe substituted for Deputies Foley, O’ Donoghue, Lenihan, Derek McDowell, Shatter, Jim O’Keeffe, Clohessy, Carey and Collins respectively.

**Deputies Richard Bruton and Brendan Smith attended pursuant to paragraph (16) of the Orders of Reference of the Select Committee.

(2) Nothing contained in this section shall be construed so as to prevent the exercise of the legitimate rights of citizens to picket, protest, or assemble in a peaceful manner.’.”

Amendment, by leave, withdrawn.

(iv) Sections 10 and 11 agreed to.

(v) New section.

Amendment proposed (Deputy Harney):

“In page 6, before section 12, to insert the following new section:

‘12.—(1) Any person, without lawful authority or reasonable excuse, the proof whereof shall rest with such person, is found loitering, hidden or concealed, in any building, home, office, shop, station, garage, factory, workshop, college, or school premises, yard, building site, garden, park, sports grounds, community centre, museum, gallery, theatre, cinema, car park, or shopping centre, in circumstances giving rise to a reasonable inference that he was there for an unlawful purpose shall be guilty of criminal trespass and shall be liable on summary conviction to a term of imprisonment of not more than 3 months or a fine of £600 or both, or on indictment to a term of imprisonment not exceeding 2 years or a fine or both.

(2) A member of An Garda Síochána may arrest without warrant any person who he reasonably suspects is committing criminal trespass.’.”

Amendment, by leave, withdrawn.

(vi) Section 12.

Amendment proposed (Deputy Gay Mitchell):

“In page 6, subsection (1), between lines 20 and 21, to insert the following:

‘or

(c) to enter any vehicle or be within the vicinity of such vehicle,’.”

Debate ensued.

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 1 p.m. until 2 p.m. on Monday, 20th September, 1993.

Dé Luain, 20 Meán Fómhair, 1993

Monday, 20th September, 1993

1. The Committee met at 2 p.m.

2. Members Present.

The following members were present:—

Deputy Dan Wallace (in the Chair), the Minister for Justice, Deputies Barrett, Briscoe, John Browne (Carlow-Kilkenny), Raphael P. Burke*, Callely, Carey, Costello*, Coughlan**, Ellis*, Liam Fitzgerald, Harney, Harte, Kavanagh*, Kemmy, Lawlor**, Derek McDowell, McGinley*, Gay Mitchell, Mulvihill, Ó Cuív*, O’Donoghue, Jim O’Keeffe, O’Leary*, Eoin Ryan, Timmins and Eamon Walsh.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 12.

The following amendment had been proposed by Deputy Gay Mitchell on 15th September:

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee Deputies Raphael P. Burke, Costello, Ellis, Kavanagh, McGinley, ó Cuív and O’Leary substituted for Deputies Collins, Shortall, Dermot Ahern, John Ryan, Shatter, Lenihan and Foley respectively.

** Deputies Coughlan and Lawlor attended pursuant to paragraph (16) of the Orders of Reference of the Select Committee.

“In page 6, subsection (1), between lines 20 and 21, to insert the following:

‘or

(c) to enter any vehicle or be within the vicinity of such vehicle,’.”

Question put: the Committee divided:

For, 8; Against, 17.

For:—Deputies Barrett, John Browne (Carlow-Kilkenny), Carey, Harte, McGinley, Gay Mitchell, Jim O’Keeffe and Timmins.

Against:—Minister for Justice, Deputies Briscoe, Callely, Costello, Ellis, Liam Fitzgerald, Harney, Kavanagh, Kemmy, Derek McDowell, Mulvihill, Ó Cuív, O’Donoghue, O’Leary, Eoin Ryan, Dan Wallace and Eamon Walsh.

The Question was declared negatived accordingly.

Amendment proposed (Deputy Gay Mitchell):

“In page 6, subsection (3), line 28, to delete ‘£500’ and substitute ‘£1,000’.”

Amendment agreed to.

Section, as amended, agreed to.

(ii) Section 13 agreed to.

(iii) New section.

Amendment proposed (Deputy Harney):

“In page 6, before section 14, to insert the following new section:

“14.—(1) Where any person is found in possession of any article, documents, or recorded information, in circumstances giving rise to the reasonable inference that such possession was for the purpose of planning or executing any indictable offence, such person shall be guilty of an offence and shall be liable on conviction on indictment to a term of imprisonment not exceeding 5 years or to a fine or both.

(2) In a prosecution under subsection (1) it shall not be necessary to establish an inference that such a possession was for the purpose of commiting a particular indictable offence where the evidence establishes an inference that such possession was for the purpose of planning or executing any one of a number of different indictable offences.

(3) Possession for the purposes of subsection (1) means having in one’s possession, power or control, either personally or by an agent, and includes having available the article, document or information at a distance or having it stored whether physically or electronically.

(4) Where a member of An Garda Síochána reasonably suspects that any person is committing an offence under this section, he may arrest any such person without a warrant.

(5) Where a member of An Garda Síochána may apply to any Judge of the District Court, or if no such Judge is reasonably available, to a Peace Commissioner for a warrant, and be granted same, to enter and search any home or premises or lands, in respect of which the member has tendered any information on oath that he has reasonable grounds to suspect that any article, document or information is located or stored in contravention of this section.’.”

Amendment, by leave, withdrawn.

(iv) Section 14.

Amendment proposed (Deputy John Browne — Carlow-Kilkenny):

“In page 6, subsection (2), line 39, to delete ‘£500’ and substitute ‘£1,000’.”

Amendment agreed to.

Amendment proposed (Deputy John Browne —Carlow-Kilkenny):

“In page 6, subsection (2), line 40, to delete ‘6 months’ and substitute ‘12 months’.”

Amendment agreed to.

Section, as amended, agreed to.

(v) Section 15.

Amendment proposed (Deputy Harney):

“In page 7, subsection (1), line 8, to delete ‘shall commit the offence of riot’ and substitute ‘shall be guilty of the offence of riot’.”

Amendment agreed to.

Amendment proposed (Deputy John Browne — Carlow-Kilkenny):

“In page 7, between lines 19 and 20, to insert the following subsection:

‘(5) A person shall be guilty of an offence of riot only if the person intends to use or threaten to use violence or is aware that his conduct may be violent or threaten violence or provoke the commission of a criminal offence.’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(vi) Section 16.

Amendment proposed (Deputy Harney):

“In page 7, subsection (1), line 28, to delete ‘shall commit the offence of violent disorder’ and substitute ‘shall be guilty of the offence of violent disorder’.”

Amendment agreed to.

Amendment proposed (Deputy John Browne — Carlow-Kilkenny):

“In page 7, lines 30 to 42 and in page 8, lines 1 and 2, to delete subsection (4) and substitute the following:

‘(4) A person guilty of an offence of violent disorder shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.’.”

Amendment agreed to.

Section, as amended, agreed to.

(vii) Section 17.

Amendment proposed (Deputy Harney):

“In page 8, subsection (1), line 20, to delete ‘shall commit the offence of affray’ and substitute ‘shall be guilty of the offence of affray’.”

Amendment agreed to.

Section, as amended, agreed to.

(viii) New section.

Amendment proposed (Deputy Harney).

“In page 8, before section 18, to insert the following new section:

‘18.—(1) Any person who dishonestly and without claim of right made in good faith and with the intention of securing for himself or some other person any advantage or gain, direct or indirect, threatens any person to cause damage, a disruption to the property, business, trade or profession of that person or any other person, or to interfere unlawfully with the person or property of any employee or customer of such person or threatens to commit any offence against any person or their property, shall be guilty of racketeering.

(2) Any person who dishonestly, directly or indirectly communicates or makes known to another person a demand for protection money or who collects, handles, or receives protection money or who dishonestly offers or provides a protection service shall be guilty of racketeering.

(3) Where in any proceedings under this section it is shown that a person engaged in behaviour giving rise to a reasonable inference that its object was to create apprehension in the mind of another person, it shall not be necessary to prove that any explicit demand or threat was made by such person if the Court is otherwise satisfíed that the behaviour was intended for the purpose of racketeering.

(4) In this section “protection money” includes money and money’s worth or other valuable consideration sought by one person from another in circumstances where payment or delivery is not warranted by a bona fide commercial consideration.

(5) A person convicted on indictment of an offence under this section shall be liable to imprisonment for a term not exceeding 20 years or to a fine or both.

(6) A member of An Garda Síochána may arrest without warrant any person whom he reasonably suspects is committing the offence of racketeering.’.”

Amendment, by leave, withdrawn.

(ix) Sections 18 and 19 agreed to.

(x) New section.

Amendment proposed (Deputy Harney):

“In page 9, before section 20, to insert the following new section:

‘20.—(1) Where any public place is the subject of a prohibition order made under this section, any person who contravenes such order shall be guilty of a summary offence.

(2) It shall be lawful for any County Council, County Borough Council or Urban District Council established by law to promulgate or order (in this section referred to as a prohibition order) prohibiting any or all of the matters referred to in subsection (3) of this section in respect of any public place in the functional area of such Council.

(3) A prohibition order may prohibit persons—

(a)from loitering in a place either generally or during certain hours of days,

(b)from engaging in any activities which, in the opinion of the members of such Council, are prejudicial to the maintenance of the public peace in such public place.

(4)(a)A prohibition order made under this section may by its terms apply generally or to young persons or children only.

(b)In this section “young persons” means persons under the age of 18 years, and “children” means persons under the age of 14 years.

(5) Where a person is convicted of any offence under this section he shall be liable to be imprisoned for a term not exceeding 2 months or to a fine of £400 or both.

(6)(a)A prohibition order under subsection (2) shall not be made unless the resolution for the making of such order has been advertised in one newspaper circulating in the locality not less than 21 days before the passing of the said resolution.

(b)A prohibition order under subsection (2) shall not take effect unless the terms of such order, after the resolution for the making of the order has been passed, have been seen and approved by the Minister for Justice.

(c)Where a prohibition order has been made under this section, the Council making such order shall cause it to be published in Iris Oifigiúil along with the approval thereof by the Minister for Justice.

(7) It shall be lawful for any Council which has made a prohibition order under this section to erect and maintain on any convenient building or wall or other place in or adjacent to such public place a notice or plate notifying the public of the general terms of the order.

(8) A member of An Garda Síochána shall have power in his discretion—

(a)to direct any person in such public place to comply with the terms of such order,

(b)to arrest any person who fails forthwith to comply with a direction given, or a demand under this subsection, and

(c)to demand of any such person his full name and address.’.”

Amendment, by leave, withdrawn.

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 5.30 p.m. until 10.30 a.m. on Wednesday, 22nd September, 1993.

Dé Céadaoin, 22 Meán Fómhair, 1993

Wednesday, 22nd September, 1993

1. The Committee met at 10.30 a.m.

2. Members Present.

The following members were present:—

Deputy Dan Wallace (in the Chair), the Minister for Justice, Deputies Noel Ahern*, Barrett, Briscoe, Broughan*, John Browne (Carlow-Kilkenny), Callely, Carey, Doherty*, Durkan*, Ellis*, Finucane*, Liam Fitzgerald, Gregory, Harney, Harte, Enda Kenny*, Séan Kenny*, Derek McDowell, Michael McDowell*, Gay Mitchell, Jim O’Keeffe, Eoin Ryan, Shortall, Brendan Smith*, Upton* and Eamon Walsh.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 20.

Amendment proposed (Deputy Gay Mitchell):

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee Deputies Noel Ahern, Doherty, Ellis, Enda Kenny, Séan Kenny, Michael McDowell and Brendan Smith substituted for Deputies Lenihan, Dermot Ahern, de Valera, Shatter, Mulvihill, Clohessy and Foley respectively; Deputy Upton substituted for Deputy John Ryan (for part of the meeting); Deputies Broughan and Upton substituted alternately for Deputy Kemmy; and Deputies Durkan and Finucane substituted alternately for Deputy Timmins.

“In page 10, between lines 17 and 18, to insert the following subsection:

‘(7) Notwithstanding anything contained in this section, where any person is charged with an offence under this section in relation to a Peace Officer who is not a member of the Garda Síochána, the evidence of such Peace Officer alone shall not be sufficient to establish the charge.’.”

Question put: the Committee divided: For, 10; Against, 16.

For:—Deputies Barrett, John Browne (Carlow-Kilkenny), Carey, Durkan, Gregory, Harte, Enda Kenny, Michael McDowell, Gay Mitchell and Jim O’Keeffe.

Against:—Minister for Justice, Deputies Noel Ahern, Briscoe, Broughan, Callely, Doherty, Ellis, Liam Fitzgerald, Seán Kenny, Derek McDowell, Eoin Ryan, Shortall, Brendan Smith, Upton, Dan Wallace and Eamon Walsh.

The Question was declared negatived accordingly.

Section agreed to.

Further consideration of the Bill adjourned.

4. Meeting Suspended.

Ordered: That the Meeting be now suspended until 2 p.m.

The Meeting was accordingly suspended at 1 p.m.

The Meeting was resumed at 2 p.m.

5. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 21 deleted.

(ii) Section 22 agreed to.

(iii) Section 23.

Amendment proposed (Deputy Gay Mitchell):

“In page 12, between lines 8 and 9, to insert the following subsection:

(6) It shall be a defence to a charge under this section for the person so charged to satisfy the Court that he was—

(a)going to his dwelling or place of business or work in the vicinity of the event, or

(b)going for any other lawful purpose to any place in the vicinity of the event other than the place where the event has taken place or is about to take place.’.”

Amendment, by leave, withdrawn.

Section agreed to.

(iv) Section 24 agreed to.

(v) New sections.

Amendment proposed (Minister for Justice):

“In page 13, before section 25, but in Part IV, to insert the following new section:

“25.—(1) A person who publishes or causes to be published or distributes or causes to be distributed an advertisement which advertises a brothel or the services of a prostitute in the State or any premises or service in the State in terms, circumstances or manner which gives rise to the reasonable inference that the premises is a brothel or that the service is one of prostitution shall be guilty of an offence.

(2) A person who is guilty of an offence under subsection (1) shall be liable—

(a)on summary conviction to a fine not exceeding £1,000,

(b)on conviction on indictment to a fine not exceeding £10,000.

(3) In any proceedings for an offence under subsection (1) it shall be a defence for the accused to show that he is a person whose business it is to publish or distribute or to arrange for the publication or distribution of advertisements and that he received the advertisement in question for publication or distribution in the ordinary course of business and did not know and had no reason to suspect that the advertisement related to a brothel or to the services of a prostitute.

(4) Where an offence under subsection (1) is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent or approval of, or to have been attributable to any neglect on the part of, any person who, when the offence was committed, was a director, member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body, or who was purporting to act in any such capacity, that person, as well as the body, shall be guilty of an offence and shall be liable to be proceeded against and punished as if that person were guilty of the first-mentioned offence.

(5) In this section—

“advertisement” includes every form of advertising or promotion, whether in a publication or by the display of notices or posters or by the means of circulars, leaflets, pamphlets or cards or other documents or by way of radio, television, computer monitor, telephone, photography or cinematography or other like means of communication;

“distribute” means distribute to the public or a section of the public and cognate words shall be construed accordingly;

“publish” means publish to the public or a section of the public and cognate words shall be construed accordingly.’.”

Question:—“That the new section be there inserted”— put, and agreed to.

Amendment proposed (Deputy Gay Mitchell):

“In page 13, before section 25, but in Part IV, to insert the following new section:

“25.—The maximum fines imposed under the provisions of this Act shall be increased automatically each year in line with increases in the Consumer Price Index.’.”

Amendment, by leave, withdrawn.

(vi) Section 25.

Amendment proposed (Deputy Harney):

Amendment, by leave, withdrawn,

Section agreed to.

(vii) Sections 26 and 27, agreed to.

(viii) Schedule agreed to.

(ix) Title agreed to.

6. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

7. Conclusion of Business.

The Committee concluded its consideration of the Bill at 3.15 p.m.

(ii) An Bille um Nós Imeachta Coiriúil, 1993

Criminal Procedure Bill, 1993

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) DAN WALLACE,

Chairman.

10th November, 1993.

IMEACHTAÍ A NROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé Máirt, 9 Samhain, 1993

Tuesday, 9th November, 1993

1. The Committee met at 2.30 p.m.

2. Members Present.

The following members were present:—

Deputies Dan Wallace (in the Chair), O’Dea (Minister of State at the Department of Justice)†, Michael Ahern*, Barrett, Briscoe, John Browne (Carlow-Kilkenny), Callely, Carey, Collins, Costello**, Liam Fitzgerald, Foley, Gilmore, Harte, Kemmy, McCormack*, Derek McDowell, Gay Mitchell, Mulvihill, O’Donnell*, Jim O’Keeffe, Ned O’Keeffe*, Power, Eoin Ryan, John Ryan, Shatter, Shortall, and Eamon Walsh.

3. Consideration of Bill.

The Committee took the Bill into consideration.

(i) Section 1 agreed to.

(ii) New section.

Amendment proposed (Deputy Gay Mitchell):

“In page 3, before section 2, to insert the following new section:

‘2.—(1) The Minister for Justice is hereby authorised to set up an independent body of inquiry to be known as the Tribunal to Review Alleged Miscarriages of Justice and which shall have power to—

† Deputy O’Dea (Minister of State at the Department of Justice) substituted for the Minister for Justice pursuant to paragraph (3) of the Orders of Reference of the Select Committee.

* Pursuant to paragraph (9) of the Orders of reference of the Select Committee Deputies Michael Ahern, McCormack, O’Donnell and Ned O’Keeffe substituted for Deputies Dermot Ahern, Timmins, Harney and De Valera respectively.

** Deputy Costello attended pursuant to paragraph (16) of the Orders of Reference of the Select Committee.

(a)enforce the attendance of witnesses, and their examination on oath, affirmation or otherwise;

(b)compel the production of documents;

(c)issue a commission or request to examine witnesses outside the jurisdiction;

(d)hold in contempt, similar to contempt of the High Court, a person who

(i)on being duly summoned as a witness, without just cause or excuse disobeys the summons, or

(ii)being in attendance as a witness refuses to testify when legally obliged to do so, or without just cause fails to produce documents, or

(iii)wilfully gives material evidence which he knows to be false or does not believe to be true, or

(iv)by act or omission obstructs or hinders the inquiry in the performance of its functions, or

(v)fails, neglects or refuses to comply with the provisions of an order made by the Committee, or

(vi)does or omits to do something which, if the Tribunal had been the High Court, would have constituted a contempt of that Court.

(2) The Tribunal shall be constituted and shall have the same powers as if it were a tribunal established under the Tribunals of Inquiry (Evidence) Acts, 1921 and 1979.

(3) A person—

(a)who has been convicted of an offence either—

(i)on indictment, or

(ii)after signing a plea of guilty and being sent forward for sentence under section 13 (2) (b) of the Criminal Procedure Act, 1967, and

who, after appeal to the Court including an application for leave to appeal, and any subsequent re-trial, stands convicted of an offence to which this paragraph applies, and

(b)who alleges that a new or newly-discovered fact shows that there has been a miscarriage of justice in relation to the conviction or that the sentence imposed is excessive,

may, if no further proceedings are pending in relation to the appeal, apply to the Tribunal for a recommendation that the Court should make an order quashing the conviction or reviewing the sentence.

(4) Subsection (3) shall not apply to a person who has entered a plea of guilty to an offence unless he also alleges that if the new or newly-discovered fact had been known to him at the time he entered the plea he would not have entered it.

(5) An application under subsection (3) shall be treated for all purposes as an appeal against the conviction or sentence.

(6) The reference in subsection (3) (b) to a newly-discovered fact is to a fact discovered by or coming to the notice of the convicted person after the relevant appeal proceedings have been finally determined or a fact the significance of which was not appreciated by the convicted person or his advisers during the trial or appeal proceedings or a fact the importance of which was known to a party to the proceedings who declined to bring it before the Court.

(7) Where—

(a)after an application by a convicted person under subsection (3) and any subsequent re-trial the person stands convicted of an offence, and

(b)the person alleges that a fact discovered by him or coming to his notice after the hearing of the application and any subsequent re-trial or a fact the significance of which was not appreciated by him or his advisers during the hearing of the application and any subsequent re-trial or a fact the importance of which was known to a party to the proceedings who declined to bring it before the Court shows that there has been a miscarriage of justice in relation to the conviction, or that the sentence was excessive,

he may apply to the Tribunal for a recommendation that the Court should make an order quashing the conviction or reviewing the sentence and his application shall be treated as if it were an application under that subsection.

(8) A statement or admission made by a person before the Tribunal shall not be admissible as evidence against that person in any criminal proceedings other than those of the Court under subsection (3) or (7).

(9) Evidence taken by the Tribunal shall not be excluded by the Tribunal solely on the ground that it is hearsay.

(10) A recommendation and any report of the Tribunal under this section shall be admissible in the Court as evidence for the purposes of proceedings of the Court under subsection (3) or (7) to quash a conviction or to review a sentence.’.”

Debate ensued.

Further Consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 4.30 p.m. until 11.15 a.m. on Wednesday, 10th November, 1993.

Dé Céadaoin, 10 Samhain, 1993

Wednesday, 10th November, 1993

1. The Committee met at 11.15 a.m.

2. Members Present.

The following members were present:—

Deputies Dan Wallace (in the Chair), Ó’Dea (Minister of State at the Department of Justice)†, Dermot Ahern, Briscoe, John Browne (Carlow-Kilkenny), Callely, Collins, Costello**, Liam Fitzgerald, Foley, Gilmore, Harte, Kemmy, Derek McDowell, Gay Mitchell, Mulvihill,

O’Donnell*, O’Donoghue, Jim O’Keeffe, Ned O’Keeffe*, Power, John Ryan, and Eamon Walsh.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) New section.

The following amendment had been proposed by Deputy Gay Mitchell on 9th November:

“In page 3, before section 2, to insert the following new section:

‘2.—(1) The Minister for Justice is hereby authorised to set up an independent body of inquiry to be known as the Tribunal to Review Alleged Miscarriages of Justice and which shall have power to—

(a)enforce the attendance of witnesses, and their examination on oath, affirmation or otherwise;

(b)compel the production of documents;

(c)issue a commission or request to examine witnesses outside the jurisdiction;

(d)hold in contempt, similar to contempt of the High Court, a person who

† Deputy O’Dea (Minister of State at the Department of Justice) substituted for the Minister for Justice pursuant to paragraph (3) of the Orders of Reference of the Select Committee.

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee Deputies O’Donnell and Ned O’Keeffe substituted for Deputies Harney and Lenihan respectively.

** Deputy Costello attended pursuant to paragraph (16) of the Orders of Reference of the Select Committee.

(i)on being duly summoned as a witness, without just cause or excuse disobeys the summons, or

(ii)being in attendance as a witness refuses to testify when legally obliged to do so, or without just cause fails to produce documents, or

(iii)wilfully gives material evidence which he knows to be false or does not believe to be true, or

(iv)by act or omission obstructs or hinders the inquiry in the performance of its functions, or

(v)fails, neglects or refuses to comply with the provisions of an order made by the Committee, or

(vi)does or omits to do something which, if the Tribunal had been the High Court, would have constituted a contempt of that Court.

(2) The Tribunal shall be constituted and shall have the same powers as if it were a tribunal established under the Tribunals of Inquiry (Evidence) Acts, 1921 and 1979.

(3) A person—

(a)who has been convicted of an offence either—

(i)on indictment, or

(ii)after signing a plea of guilty and being sent forward for sentence under section 13 (2) (b) of the Criminal Procedure Act, 1967, and

who, after appeal to the Court including an application for leave to appeal, and any subsequent re-trial, stands convicted of an offence to which this paragraph applies, and

(b)who alleges that a new or newly-discovered fact shows that there has been a miscarriage of justice in relation to the conviction or that the sentence imposed is excessive,

may, if no further proceedings are pending in relation to the appeal, apply to the Tribunal for a recommendation that the Court should make an order quashing the conviction or reviewing the sentence.

(4) Subsection (3) shall not apply to a person who has entered a plea of guilty to an offence unless he also alleges that if the new or newly-discovered fact had been known to him at the time he entered the plea he would not have entered it.

(5) An application under subsection (3) shall be treated for all purposes as an appeal against the conviction or sentence.

(6) The reference in subsection (3) (b) to a newly-discovered fact is to a fact discovered by or coming to the notice of the convicted person after the relevant appeal proceedings have been finally determined or a fact the significance of which was not appreciated by the convicted person or his advisers during the trial or appeal proceedings or a fact the importance of which was known to a party to the proceedings who declined to bring it before the Court.

(7) Where—

(a)after an application by a convicted person under subsection (3) and any subsequent re-trial the person stands convicted of an offence, and

(b)the person alleges that a fact discovered by him or coming to his notice after the hearing of the application and any subsequent re-trial or a fact the significance of which was not appreciated by him or his advisers during the hearing of the application and any subsequent re-trial or a fact the importance of which was known to a party to the proceedings who declined to bring it before the Court shows that there has been a miscarriage of justice in relation to the conviction, or that the sentence was excessive,

he may apply to the Tribunal for a recommendation that the Court should make an order quashing the conviction or reviewing the sentence and his application shall be treated as if it were an application under that subsection.

(8) A statement or admission made by a person before the Tribunal shall not be admissible as evidence against that person in any criminal proceedings other than those of the Court under subsection (3) or (7).

(9) Evidence taken by the Tribunal shall not be excluded by the Tribunal solely on the ground that it is hearsay.

(10) A recommendation and any report of the Tribunal under this section shall be admissible in the Court as evidence for the purposes of proceedings of the Court under subsection (3) or (7) to quash a conviction or to review a sentence.’.”

Amendment, by leave, withdrawn.

Further consideration of the Bill adjourned.

4. Meeting Suspended.

Ordered: That the Meeting be now suspended until 2.10 p.m.

The Meeting was accordingly suspended at 1.10 a.m.

The meeting was resumed at 2.10 p.m.

5. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) New section.

Amendment proposed (Deputy Gilmore):

‘4.—The Minister shall make regulations under section 27 of the Criminal Justice Act, 1984, not later than 5th July, 1994.’.”

Amendment, by leave, withdrawn.

(ii) Section 2.

Amendment proposed (Deputy Gay Mitchell):

“In page 4, subsection (1) (a), line 3, to delete “and” and substitute the following:

(iii)on summary conviction and has received a custodial sentence of at least six months, and’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 4, lines 14 to 17, to delete subsection (2).”

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 4, between lines 19 and 20, to insert the following subsection:

‘(4) In subsection (1) (b) the reference to a new fact is to a fact known to the convicted person at the time of the trial or appeal proceedings the significance of which was appreciated by him, where he alleges that there is a reasonable explanation for his failure to adduce evidence of that fact.’.”

Amendment agreed to.

Section, as amended, agreed to.

(iii) Section 3.

Amendment proposed (Deputy Gay Mitchell):

“In page 5, subsection (3) (a), line 20, to delete ‘Commissioner of the Garda Síochána’ and substitute ‘Attorney General’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gay Mitchell):

“In page 5, lines 45 to 48, to delete subsection (7) and substitute the following:

‘(7) A legal aid certificate which was granted in relation to the trial of an accused person shall have effect as if it had been granted also in relation to an application under section 2 and, if the Court has ordered a re-trial under this section, in relation to his re-trial.’.”

Amendment, by leave, withdrawn.

Section agreed to.

(iv) Sections 4, 5 and 6 agreed to.

(v) Section 7.

Amendment proposed (Deputy Gay Mitchell):

“In page 7, subsection (1), between lines 14 and 15, to insert the following:

‘(d) who has had two consecutive sentences amounting, in total, to not less than one year imposed on him by the District Court,’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 7, subsection (2), line 19, after ‘The Minister’ to insert ‘for Justice’.”

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 7, between lines 36 and 37, to insert the following subsection:

‘(3) In subsection (1) (c) the reference to a new fact is to a fact known to the convicted person at the time of the trial or appeal proceedings the significance of which was appreciated by him, where he alleges that there is a reasonable explanation for his failure to adduce evidence of that fact.’.”

Amendment agreed to.

Section, as amended, agreed to.

(vi) Section 8 agreed to.

(vii) Section 9.

Amendment proposed (Deputy O’Donnell):

“In page 8, lines 23 to 41, to delete subsection (1) and substitute the following:

‘(1) Where a person has been convicted of an offence and he has been pardoned as a result of a petition under section 7, the Minister may in his discretion, pay compensation to the convicted person or, if he is dead, to his legal personal representatives unless the conviction was substantially attributable to the conduct or omission of the convicted person.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 8, subsection (1) (a), to delete lines 28 to 31 and substitute the following:

‘(ii) the Court or the court of re-trial, as the case may be, has certified that a newly-discovered fact shows that there has been a miscarriage of justice,’.”

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 8, subsection (1) (b), to delete lines 35 to 37 and substitute the following:

‘(ii) the Minister for Justice is of opinion that a newly-discovered fact shows that there has been a miscarriage of justice,’.”

Amendment agreed to.

Amendment proposed (Deputy Gay Mitchell):

“In page 8, between lines 41 and 42, to insert the following subsection:

‘(2) The Tribunal established under section 2 may recommend that persons deliberately involved in the perpetration of a miscarriage of justice shall be liable to contribute to the payment of compensation and the costs of trials in relation to that miscarriage of justice.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 9, subsection (5) (a), line 6, after ‘Court’ to insert ‘on an application’.”

Amendment agreed to.

Section, as amended, agreed to.

(viii) Section 10.

Amendment proposed (Deputy Gay Mitchell):

“In page 9, between lines 25 and 26, to insert the following subsection:

‘(3) Where at the summary trial of a person evidence is given of a confession made by that person and that evidence is not corroborated, the judge shall have due regard to the absence of corroboration.’.”

Amendment, by leave, withdrawn.

Section agreed to.

(ix) New section.

Amendment proposed (Deputy O’Donnell):

“In page 9, before section 11, to insert the following new section:

‘11.—(1) The right of appeal to the Supreme Court, other than an appeal under section 34 of the Criminal Procedure Act, 1967, from a decision of the Central Criminal Court is hereby abolished.

(2) This section shall not apply to a decision of the Central Criminal Court in so far as it relates to the validity of any law having regard to the provisions of the Constitution.’.”

Question:- “That the new section be there inserted” — put, and agreed to.

(x) Section 11 deleted.

(xi) Sections 12, 13 and 14 agreed to.

(xii) Schedule agreed to.

(xiii) Title agreed to.

6. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

7. Conclusion of Business.

The Committee concluded its consideration of the Bill at 4.15 p.m.

(iii) An Bille um Thiarnaí agus Tionóntaí (Leasú), 1993

Landlord and Tenant (Amendment) Bill, 1993

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) DENIS FOLEY,

Temporary Chairman.

12th January, 1994.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé Máirt, 11 Eanáir, 1994

Tuesday, 11th January, 1994

1. The Committee met at 2.10 p.m.

2. Members Present.

The following members were present:-

Deputies Willie O’Dea (Minister of State at the Department of Justice)†, Dermot Ahern, Seán Barrett, Ben Briscoe, John Browne (Carlow-Kilkenny), Ivor Callely, Donal Carey, Gerard Collins, Austin Deasy*, Síle de Valera, Liam Fitzgerald, Denis* Foley, Tony Gregory, Paddy Harte, Jim Kemmy, Derek McDowell, Michael McDowell*, Gay Mitchell, Liz O’Donnell, John O’Donoghue, Ned O’Keeffe*, Seán Power, Eoin Ryan, Alan Shatter, Róisín Shortall, Brendan Smith*, Godfrey Timmins and Eamon Walsh.

† Deputy Willie O’Dea (Minister of State at the Department of Justice) substituted for the Minister for Justice pursuant to paragraph (3) of the Orders of Reference of the Select Committee.

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Austin Deasy, Michael McDowell, Ned O’Keeffe and Brendan Smith substituted for Deputies Jim O’Keeffe, Peadar Clohessy, Brian Lenihan and Dan Wallace respectively.

3. Election of Temporary Chairman.

Motion made (Deputy Ned O’Keeffe):

“That Deputy Foley take the Chair.”

Question put, and agreed to

Deputy Denis Foley took the Chair accordingly.

4. Private Session.

Ordered: That the Committee now sit in private.

The Committee sat in private accordingly.

The Committee went out of private session.

5. Consideration of Bill.

The Committee took the Bill into consideration.

(i) Section 1.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 2, between lines 17 and 18, to insert the following subsection:

‘(3) This Act shall come into operation on a day that is one month after the date of passing.’.”

Amendment agreed to.

Section, as amended, agreed to.

(ii) Section 2 agreed to.

(iii) New section.

Amendment proposed (Deputy Liz O’Donnell):

“In page 2, before section 3, to insert the following new section:

‘3.—Section 13 of the Act of 1980 is hereby amended:

(1) by the substitution in subsection (1) paragraph (a) of ‘five years’ for ‘three years’,

(2) by the substitution in subsection (1) paragraph (b) of ‘fifteen years’ for ‘twenty years’,

(3) by the insertion after subsection (2) of the following subsection:

‘(3)(a)Where the Court is satisfied that any tenancy has been determined wholly or substantially for the purpose of avoiding the entitlement of any tenant to relief under the provisions of this Act by virtue of the provisions of paragraph (b) of subsection (1) of this section, the Court shall treat the tenement as a tenement to which this Part applies notwithstanding that it was not in the occupation of the tenant thereof during the whole of the period of fifteen years provided for in that paragraph.

(b)It shall be presumed unless the contrary is shown, that a tenancy has been determined for the purpose mentioned in paragraph (a) of this subsection where the relevant tenement was during the whole of the period of seven years ending at the time in question continuously in the occupation of the person who was the tenant immediately before the determination of the tenancy.’.”

Amendment amended, by leave, by the deletion of subsection (1)

Question:— “That the new section, as amended, be there inserted” — put: the Committee divided: For, 11; Against, 17.

For:—Deputies Seán Barrett, John Browne (Carlow-Kilkenny), Donal Carey, Austin Deasy, Tony Gregory, Paddy Harte, Michael McDowell, Gay Mitchell, Liz O’Donnell, Alan Shatter and Godfrey Timmins.

Against:—Deputies Willie O’Dea (Minister of State at the Department of Justice), Dermot Ahern, Ben Briscoe, Ivor Callely, Gerard Collins, Síle de Valera, Liam Fitzgerald, Denis Foley, Jim Kemmy, Derek McDowell, John O’Donoghue, Ned O’Keeffe, Seán Power, Eoin Ryan, Róisín Shortall, Brendan Smith and Eamon Walsh.

The Question was declared negatived accordingly.

(iv) Section 3.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 2, line 21, to delete ‘five’ and substitute ‘seven’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 2, between lines 21 and 22, to insert the following subsection:

‘(2) Subsection (1) shall have effect only in relation to a lease or other contract of tenancy the term of which commences after the commencement of this Act.’.”

Amendment agreed to.

Section, as amended, agreed to.

(v) Section 4.

Amendment proposed (Deputy Alan Shatter):

“In page 2, line 29, to delete ‘bona fide’ and substitute ‘valid’.”

Debate ensued.

Further consideration of the Bill adjourned.

6. Adjournment.

The Committee adjourned at 5 p.m. until 11 a.m. on Wednesday, 12th January, 1994.

Dé Céadaoin, 12 Eanáir, 1994

Wednesday, 12th January, 1994

1. The Committee met at 11.10 a.m.

2. Members Present.

The following members were present:—

Deputies Denis Foley (in the Chair), Willie O’Dea (Minister of State at the Department of Justice)†, Seán Barrett, Ben Briscoe, John Browne (Carlow-Kilkenny), Ivor Callely, Austin Deasy*, Avril Doyle* Liam Fitzgerald, Tony Gregory, Jim Kemmy, Derek McDowell, Paul McGrath*, Liz O’Donnell, John O’Donoghue, Seán Power, Eoin Ryan and Alan Shatter.

† Deputy Willie O’Dea (Minister of State at the Department of Justice) substituted for the Minister for Justice pursuant to paragraph (3) of the Orders of Reference of the Select Committee.

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Austin Deasy, Avril Doyle and Paul McGrath substituted for Deputies Jim O’Keeffe, Donal Carey and Godfrey Timmins respectively.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 4.

The following amendment had been proposed by Deputy Alan Shatter on 11th January:

“In page 2, line 29, to delete ‘bona fide’ and substitute ‘valid’.”

Question put, and decided in the negative.

Amendment proposed (Deputy Alan Shatter):

“In page 2, between lines 30 and 31, to insert the following:

‘(vii)a renunciation for the purpose of subparagraph (vi) shall not be valid unless the tenant prior to executing such renunciation first obtained independent legal advice.’.”

Question put, and decided in the negative.

Question:—“That the section stand part of the Bill” — put, and decided in the negative.

(ii) New section.

Amendment proposed (Deputy Liz O’Donnell):

“In page 2, before section 5, to insert the following new section:

‘5.—The following shall be substituted for subsection (2) of section 23 of the Act of 1980:

“(2) The Court shall fix the duration of the tenancy at twenty years or such less term as the tenant may nominate provided that it shall not be fixed for a term less than five years without the consent of the landlord.”.’.”

Amendment, by leave, withdrawn.

(iii) Section 5.

Amendment proposed (Deputy Alan Shatter):

“In page 3, line 6, to delete ‘fifteen’ and substitute ‘twenty’.”

Amendment agreed to.

Amendment proposed (Deputy Alan Shatter):

“In page 3, line 8, to delete ‘lesser’ and substitute ‘of less’.”

Amendment agreed to.

Section, as amended, agreed to.

(iv) Section 6 deleted

(v) Title agreed to.

4. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

5. Conclusion of Business.

The Committee concluded its consideration of the Bill at 12.35 p.m.

(iv) An Bille um Cheartas Coirúil (Uimh. 3), 1993

Criminal Justice (No. 3) Bill, 1993

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) DAN WALLACE,

Chairman.

25th January, 1994.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé Máirt, 18 Eanáir, 1994

Tuesday, 18th January, 1994

1. The Committee met at 2.30 p.m.

2. Members Present.

The following members were present:—

Deputy Dan Wallace (in the Chair), the Minister for Justice, Deputies Dermot Ahern, Seán Barrett, Ben Briscoe, Ivor Callely, Donal Carey, Peadar Clohessy, Austin Deasy*, Seán Doherty*, Bernard Durkan*, Liam Fitzgerald, Eamon Gilmore, Tony Gregory, Jim Kemmy, Enda

Kenny*, Derek McDowell, Gay Mitchell, John Mulvihill, Liz O’Donnell, John O’Donoghue, Jim O’Keeffe, Seán Power, Róisín Shortall, Brendan Smith*, Pat Upton* and Eamon Walsh.

3. Consideration of Bill.

The Committee took the Bill into consideration.

(i) Section 1 agreed to.

(ii) Section 2.

Amendment proposed (Deputy Gay Mitchell):

“In page 5, to delete all words from and including ‘on’ in line 19 down to and including ‘Act’ in line 23 and substitute ‘within 3 months of its passing into law’.”

Amendment, by leave, withdrawn

Section agreed to.

(iii) Section 3.

Amendment proposed (Deputy Eamon Gilmore):

“In page 5, subsection (1), between lines 28 and 29, to insert the following definition:

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Austin Deasy, Seán Doherty, Bernard Durkan, Enda Kenny, Brendan Smith and Pat Upton substituted for Deputies John Browne (Carlow-Kilkenny), Síle de Valera, Godfrey Timmins, Paddy Harte, Denis Foley and John Ryan respectively.

“‘Combat Drugs Fund” means a fund established under the terms of this Act for the allocation of certain monies raised under the Act to organisations or groups working to combat the medical or social effects of drug abuse;’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gay Mitchell):

“In page 9, subsection (9), between lines 42 and 43, to insert the following:

‘(b) the court considers it appropriate in all the circumstances to take the gift into account, or’.”

Amendment, by leave, withdrawn

Section agreed to

(iv) New section.

Amendment proposed (Deputy Gay Mitchell):

“In page 11, before section 4 (but in Part I), to insert the following new section:

‘PART II

4.—The Minister is hereby authorised to create, by ministerial order, a Drugs Enforcement Agency which shall have responsibility for co-ordinating Government activities in combating drug trafficking and in promoting and assisting greater international co-operation in relation to criminal law enforcement procedures related to drugs offences, such body to involve the Garda Síochána, the Customs and Excise, the Defence Forces, the Department of Health and other agencies as the Minister deems fit. The Drugs Enforcement Agency will have a maximum of 15 members and will come into existence by ministerial order following the publication of regulations to be laid before both Houses of the Oireachtas.’.”

Question:—“That the new section be there inserted” — put: the Committee divided: For, 10; Against, 14.

For:—Deputies Seán Barrett, Donal Carey, Peadar Clohessy, Austin Deasy,

Bernard Durkan, Tony Gregory, Enda Kenny, Gay Mitchell, Liz O’Donnell and Jim O’Keeffe.

Against:—Minister for Justice, Deputies Ben Briscoe, Ivor Callely, Liam Fitzgerald, Jim Kemmy, Derek McDowell, John Mulvihill, John O’Donoghue, Seán Power, Róisín Shortall, Brendan Smith, Pat Upton, Dan Wallace and Eamon Walsh.

The Question was declared negatived accordingly

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 5.10 p.m. until 10.30 a.m. on Wednesday, 19th January, 1994.

Dé Céadaoin, 19 Eanáir, 1994

Wednesday, 19th January, 1994

1. The Committee met at 10.30 a.m.

2. Members Present.

The following members were present:—

Deputy Dan Wallace (in the Chair), the Minister for Justice, Deputies Bernard Allen*, Seán Barrett, Ben Briscoe, Ivor Callely, Donal Carey, Peadar Clohessy,

John Connor*, Austin Deasy*, Liam Fitzgerald, Denis Foley, Eamon Gilmore, Tony Gregory, Paddy Harte, Jim Kemmy, James McDaid*, Gay Mitchell, John Mulvihill, Liz O’Donnell, John O’Donoghue, Batt O’Keeffe*, Seán Power, Eoin Ryan, Alan Shatter, Róisín Shortall and Eamon Walsh.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 4.

Amendment proposed (Deputy Gay Mitchell):

“In page 11, subsection (1), line 30, to delete ‘on indictment’.”

Amendment, by leave, withdrawn.

Section agreed to.

(ii) Section 5.

Amendment proposed (Deputy Gay Mitchell):

“In page 12, subsection (2), line 15, after ‘shall,’ to insert ‘subject to the provisions of section 4(6),’.”

Amendment, by leave, withdrawn.

Section agreed to.

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Bernard Allen, John Connor, Austin Deasy, James McDaid and Batt O’Keeffe substituted for Deputies Jim O’Keeffe, Godfrey Timmins, John Browne (Carlow-Kilkenny), Dermot Ahern and Gerard Collins respectively.

(iii) Sections 6 to 10, inclusive, agreed to.

(iv) Section 11

Amendment proposed (Deputy Gay Mitchell):

“In page 16, subsection (5), line 46, after ‘years’ to insert ‘save where it appears to the High Court that it would be reasonable in the circumstances’.”

Amendment agreed to.

Section, as amended, agreed to.

(v) Sections 12, 13 and 14 agreed to.

(vi) Section 15.

Amendment proposed (Deputy Gay Mitchell):

“In page 18, subsection (3), lines 34 and 35, to delete ‘in reply’.”

Amendment, by leave, withdrawn.

Section agreed to.

(vii) Sections 16 and 17 agreed to

(viii) Section 18.

Amendment proposed (Deputy Gay Mitchell):

“In page 19, subsection (1), line 47, after ‘purpose’ to insert ‘including a court audit’.”

Question put: the Committee divided: For, 11; Against, 14.

For:—Deputies Bernard Allen, Seán Barrett, Donal Carey, Peadar Clohessy, John Connor, Austin Deasy, Eamon Gilmore, Paddy Harte, Gay Mitchell, Liz O’Donnell and Alan Shatter.

Against:—Minister for Justice, Deputies Ben Briscoe, Ivor Callely, Liam Fitzgerald, Denis Foley, James McDaid, Derek McDowell, John Mulvihill, John O’Donoghue, Seán Power, Eoin Ryan, Róisín Shortall, Dan Wallace and Eamon Walsh.

The Question was declared negatived accordingly.

Section agreed to.

(ix) Sections 19 and 20 agreed to.

(x) Section 21.

Amendment proposed (Deputy Gay Mitchell):

“In page 22, between lines 34 and 35, to insert the following subsection:

‘(7) Where a restraint order is made, the registrar of the High Court shall, in the case of a company, furnish the Registrar of Companies with notice of the order.’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xi) Sections 22 to 26, inclusive, agreed to.

(xii) Section 27.

Amendment proposed (Deputy Gay Mitchell):

“In page 26, subsection (9)(a), line 28, to delete ’£1,000’ and substitute ’£5,000’.”

Amendment, by leave, withdrawn.

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 12.40 p.m. until 2.30 p.m. on Tuesday, 25th January, 1994.

Dé Máirt, 25 Eanáir, 1994

Tuesday, 25th January, 1994

1. The Committee met at 2.35 p.m.

2. Members Present.

The following members were present:—

Deputy Dan Wallace (in the Chair), the Minister for Justice, Deputies Noel Ahern*, Seán Barrett, Ben Briscoe, John Browne (Carlow-Kilkenny), Ivor Callely, Donal Carey, Liam Fitzgerald, Eamon Gilmore, Paddy Harte, Seán Kenny*, Derek McDowell, Gay Mitchell, Liz O’Donnell, Jim O’Keeffe, Ned O’Keeffe* Eoin Ryan, Róisín Shortall, Brendan Smith*, Pat Upton* and Eamon Walsh.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Noel Ahern, Seán Kenny, Ned O’Keeffe, Brendan Smith and Pat Upton substituted for Deputies John O’Donoghue, Jim Kemmy, Gerard Collins, Seán Power and John Mulvihill respectively.

(i) Section 27.

Amendment proposed (Deputy Liz O’Donnell):

“In page 26, between lines 41 and 42, to insert the following subsection:

‘(12) In this Part “other criminal activity” means such offences as shall be prescribed by the Minister for this purpose.’.”

Amendment, by leave, withdrawn.

Section agreed to.

(ii) New sections.

Amendment proposed (Deputy Gay Mitchell):

“In page 26, before section 28, to insert the following new section:

‘28.—An officer of customs and excise may seize and, in accordance with this section, detain any cash which is being imported into or exported from the Republic of Ireland if its amount is not less than £10,000 or the amount for the time being prescribed by regulations made under section 29 (9) (b) and he has reasonable grounds for suspecting that it directly or indirectly represents any person’s proceeds of, or is intended by any person for use in, drug trafficking.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gay Mitchell):

“In page 26, before section 28, to insert the following new section:

‘29.—Notwithstanding anything contained in legislation allowing a tax amnesty any money or assets found to have arisen as a result of, or in connection with, money laundering activities as defined in this Act shall be specifically outside of the provisions of any tax amnesty legislation or regulations.’.”

Amendment, by leave, withdrawn.

(iii) Section 28.

Amendment proposed (Deputy Liz O’Donnell):

“In page 26, subsection (1)(a), line 45, after ’or’ to insert ‘authorised’.”

Amendment, by leave, withdrawn

Amendment proposed (Deputy Liz O’Donnell):

“In page 27, subsection (1)(k), line 20, to delete ’and’ where it secondly occurs and substitute the following:

‘(l) a person providing foreign exchange services, and’.”

Amendment amended, by leave, by the insertion of the word “currency” after “foreign” in paragraph (l).

Amendment, as amended, agreed to.

Amendment proposed (Deputy Liz O’Donnell):

“In page 27, subsection (2), lines 33 to 35, to delete paragraph (c) and substitute the following:

‘(c) otherwise where it suspects that a transaction is connected with the commission of an offence under section 27 of this Act.’.”

Amendment amended, by leave, by the deletion in paragraph (c) of the word “transaction” and the substitution therefor of “service”

Amendment, as amended, agreed to.

Amendment proposed (Deputy Liz O’Donnell):

“In page 29, subsection (9), between lines 5 and 6, to insert the following:

‘(c)following consultation with the Minister for Finance, prescribe states or countries for the purpose of subsection (5) of this section,’.”

Amendment agreed to.

Amendment proposed (Deputy Gay Mitchell):

“In page 29, subsection (9), between lines 8 and 9, to insert the following:

‘(d) prescribe examples of documents, or other means of identification, which, either generally or in relation to a specified designated body or a category of designated bodies, and either generally or in relation to a specified service or a specified category of services or in relation to a specified transaction or a specified category of transactions, would constitute sufficient establishment of identity for the purposes of subsection (2) of this section,

(e) prescribe offences for the purpose of the definition of “criminal activity” under subsection (12) of section 27 of this Act.’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(iv) Section 29 agreed to

(v) Section 30

Amendment proposed (Deputy Gay Mitchell):

“In page 30, subsection (4) (b), line 8, to delete ’5 years’ and substitute ‘7 years’.”

Amendment agreed to.

Section, as amended, agreed to.

(vi) Sections 31 to 36, inclusive, agreed to.

(vii) Section 37

Amendment proposed (Deputy Gay Mitchell):

“In page 34, subsection (2), lines 42 and 43, to delete ‘superintendent of the Garda Síochána’ and substitute ‘Garda Commissioner’.”

Amendment agreed to.

Amendment proposed (Deputy Gay Mitchell):

“In page 35, subsection (7), line 39, to delete ‘a superintendent of the Garda Síochána’ and substitute ’the Garda Commissioner’.”

Amendment agreed to.

Section, as amended, agreed to.

(viii) Sections 38 to 43, inclusive, agreed to

(ix) New section.

Amendment proposed (Deputy Liz O’Donnell):

“In page 42, before section 44 (but in Part VII), to insert the following new section:

‘44.—(1) Nothing in this Act shall make any failure by a professional legal advisor to disclose any information or other matter which has come to him in privileged circumstances an offence.

(2) No person shall, by virtue of any disclosure made pursuant to the provisions of this Act incur any civil liability in respect thereof, save only where the matter purported to be disclosed by such person was to that person’s knowledge false.’.”

Amendment, by leave, withdrawn.

(x) Section 44.

Amendment proposed (Deputy Gay Mitchell):

“In page 42, after line 51, to insert the following subsection:

‘(2) Where any person to whom or which section 28 of this Act applies has established procedures of internal control and communication in order to forestall and prevent operations related to money laundering in accordance with guidelines laid down for this purpose by their supervisory body, or which have been approved as adequate by their supervisory body, the directors, employees and officers of such person shall not be under any obligation under subsection (1) of this section but such directors, employees and officers shall instead report in accordance with those procedures where they suspect an offence under section 27 or 28 of this Act in relation to the business of that person or body has been or is being committed.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Liz O’Donnell):

“In page 43, between lines 27 and 28, to insert the following subsection:

‘(5) It shall be lawful for the Garda Síochána to communicate information disclosed to it under this section to officers of the Revenue Commissioners for the purposes of enabling them to carry out their duties in relation to customs and excise and the control of importation.’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xi) Sections 45 and 46 agreed to.

(xii) Section 47.

Amendment proposed (Deputy Gay Mitchell):

“In page 44, line 19, to delete ‘wherever situated’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xiii) Sections 48 to 55, inclusive, agreed to.

(xiv) First and Second Schedules agreed to.

(xv) Title agreed to.

4. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

5. Conclusion of Business.

The Committee concluded its consideration of the Bill at 5.10 p.m.

(v) An Bille um Eiseachadadh (Leasú), 1994

Extradition (Amendment) Bill, 1994

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) DAN WALLACE,

Chairman.

24th February, 1994.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Déardaoin, 24 Feabhra, 1994

Thursday, 24th February, 1994

1. The Committee met at 11.10 a.m.

2. Members Present.

The following members were present:

Deputy Dan Wallace (in the Chair), the Minister for Justice, Deputies Dermot

Ahern, Bradford*, John Browne (Carlow-Kilkenny), Byrne*, Callely, Carey, Costello*, Finucane*, Liam Fitzgerald, Foley, Gilmore, Harte, Hogan*, Kemmy, Derek McDowell, Michael McDowell*, Gay Mitchell, Moffat*, Mulvihill, O’Donnell, O’Donoghue, Jim O’Keeffe, Ned O’Keeffe*, Power, Rabbitte*, Eoin Ryan, Timmins and Eamonn Walsh.

3. Extradition (Amendment) Bill, 1994.

The Committee took the Bill into consideration.

(i) Section 1 agreed to.

(ii) New section.

Amendment proposed (Deputy Rabbitte):

“In page 2, before section 2, to insert the following new section:

‘2.—Where a request is received for the extradition of a person from the State, the requesting state shall be required to provide, before the District Court, evidence in written form as to the commission by the person claimed of the offence or offences for which extradition is sought, and extradition shall not be granted unless such evidence produced establishes a prima facie case of involvement in the offence or offences alleged.’.”

Question: “That the new section be

there inserted”—put: the Committee divided: For, 1; Against, 23.

For:—Deputy Gilmore.

Against:—Minister for Justice, Deputies Bradford, John Browne (Carlow-Kilkenny), Callely, Carey, Costello, Finucane, Liam Fitzgerald, Foley, Harte, Hogan, Kemmy, Derek McDowell, Gay Mitchell, Moffat, Mulvihill, O’Donoghue, Ned O’Keeffe, Power, Eoin Ryan, Timmins, Dan Wallace and Eamonn Walsh.

The Question was declared negatived accordingly.

Further consideration of the Bill adjourned.

4. Meeting Suspended.

Ordered: That the Meeting be now suspended until 2.15 p.m.

The Meeting was accordingly suspended at 12.55 p.m.

The Meeting was resumed at 2.15 p.m.

5. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) New sections.

Amendment proposed (Deputy Gilmore):

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Bradford, Costello, Hogan, Michael McDowell and Ned O’Keeffe substituted for Deputies Barrett, Shortall, Shatter, Clohessy and Collins respectively; Deputies Finucane and Rabbitte substituted for Deputies Jim O’Keeffe and Gilmore respectively (for part of the meeting); and Deputies Byrne and Moffat substituted alternately for Deputy Dermot Ahern (for part of the meeting).

“In page 2, before section 2, to insert the following new section:

‘2.—Part III of the Principal Act, as inserted by section 2 of the Extradition (Amendment) Act, 1987, is hereby amended by the deletion of sections 44A and 44B and the substitution of the following new section:

“44A.—(1) A warrant for the arrest of a person accused of an offence under the law of a place in relation to which this Part applies shall only be endorsed for execution under this Part if a Judge of the High Court certifies that he is of the opinion that—

(a)there is a clear intention to prosecute or, as the case may be, to continue the prosecution of, the person named or described in the warrant concerned for the offences specified therein in a place in relation to which this Part applies, and

(b)such intention is founded on the existence of sufficient evidence.

(2) A Judge of the High Court shall only certify a warrant under this section when a request for extradition is accompanied by a statement of fact, by way of affidavit or statutory declaration, which satisfies the Judge that there are reasonable grounds for believing that an offence has been committed and that the person sought committed it.”.’.”

Question:—“That the new section be there inserted”—put, and decided in the negative.

Amendment proposed (Deputy Gilmore):

“In page 2, before section 2, to insert the following new section:

‘2.—The Extradition (Amendment) Act, 1987, is hereby amended by the deletion of section 6 and the substitution of the following new section:

“6.—The Government shall, as soon as may be after the 1st day of January in each year, and not later than the 1st day of April, beginning with the year 1989, make a report to each House of the Oireachtas on the operation in the preceding year of Part III of the Principal Act.”.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Michael McDowell):

“In page 2, before section 2, to insert the following new section:

‘Evidence in extradition proceedings in relation to offences.

2.—(1) In any proceeding under Part III of the Principal Act in respect of any warrant for the arrest of a person who is for the time being a citizen of Ireland and is accused of an offence, a final order shall not be made under section 47 of that Act unless documentary evidence within the meaning of this section shall have been produced to the Court.

(2) In this section, “documentary evidence” means an affidavit or statutory declaration setting forth reasonable grounds for believing that the offence to which the request for extradition or warrant, as the case may be, relates has been committed and that the person before the Court committed it.

(3) The minister may by regulation made under this Act in relation to “documentary evidence” provide for any or all of the following matters:

(a)the persons or classes of persons who may swear an affidavit or make a statutory declaration,

(b)the persons before whom an affidavit may be sworn or a statutory declaration made,

(c)the form of an affidavit or statutory declaration and the manner and place in which it is to be sworn or made,

(d)the means of knowledge required of a deponent,

(e)the documents, if any, that shall be exhibited in an affidavit or statutory declaration,

(f)such other matters as appear to be necessary or expedient for the proper working of this section,

(g)the revocation or amendment of any order made under this section.

(4) A document purporting to be an affidavit or statutory declaration for the purposes of this section shall be received in evidence by the Court when tendered without further proof and it shall be presumed until the contrary is shown that the document was made for the purposes of this section and in accordance with the provisions of any order for the time being in force under subsection (3) of this section.

(5) In considering whether or not an affidavit or statutory declaration sets forth reasonable grounds for believing that the offence, to which the request for extradition or warrant relates (as the case may be), has been committed and that the person before the Court has committed it, the Court shall have regard only to the matters set out in the affidavit or statutory declaration and any matters duly exhibited therein.

(6) Notwithstanding any rule of law or practice to the contrary a person who swears an affidavit or makes a statutory declaration for the purpose of this section shall not be liable to be summoned before the Court or cross-examined thereon in the course of any proceedings under Part III of the Principal Act.

(7) Every regulation made by the Minister under this Act shall be laid before Dáil Éireann as soon as may be after it is made and shall not have effect unless a resolution approving the said regulation is passed by Dáil Éireann.’.”

Question:—“That the new section be there inserted”—put, and decided in the negative.

Amendment proposed (Deputy Michael McDowell):

“In page 2, before section 2, to insert the following new section:

‘2.—In section 50 of the Principal Act the words “or the Minister” in subsection (1) and subsection (4) are hereby repealed.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Michael McDowell):

“In page 2, before section 2, to insert the following new section:

‘2.—Notwithstanding anything contained in the Extradition Act, 1965 (Part II) Order, 1989, (Statutory Instrument No. 15 of 1989), the said Order and the Extradition Acts, 1965 to 1994, shall apply to Irish citizens.’.”

Amendment, by leave, withdrawn.

(ii) Section 2 agreed to.

(iii) Section 3.

Amendment proposed (Deputy Gay Mitchell):

“In page 3, between lines 39 and 40, to insert the following:

‘(b)by the substitution of the following definition for the definition of “Judge of the District Court”:

“‘Judge of the District Court’ means a judge of the District Court assigned to the Dublin Metropolitan District except for the purposes of section 27(1) or (10) of the Principal Act (as substituted by section 8 of the Extradition (Amendment) Act, 1994) where it shall mean any judge of the District Court.”,’.”

Amendment, by leave, withdrawn.

Section agreed to.

(iv) New section.

Amendment proposed (Deputy Michael McDowell):

“In page 4, before section 4, to insert the following new section:

‘4.—All proceedings under the Principal Act shall be heard by a judge of the High Court and the District Court shall have no jurisdiction under the Principal Act.’.”

Amendment, by leave, withdrawn.

(v) Sections 4 and 5 agreed to.

(vi) Section 6.

Amendment proposed (Deputy Gay Mitchell):

“In page 5, paragraph (a), lines 19 to 21, to delete ‘a copy of the warrant shall be given to the person arrested, and the warrant shall be shown to him, at the time or, if it’ and substitute ‘the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gay Mitchell):

“In page 5, paragraph (b), lines 29 to 31, to delete ‘a copy of the warrant shall be given to the person arrested, and the warrant shall be shown to him, at the time or, if it’ and substitute ‘the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gay Mitchell):

“In page 5, paragraph (c), lines 40 to 42, to delete ‘a copy of the warrant shall be given to the person arrested, and the warrant shall be shown to him, at the time or, if it’ and substitute ‘the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant’.”

Amendment, by leave, withdrawn.

Section agreed to.

(vii) Section 7.

Amendment proposed (Deputy Gay Mitchell):

“In page 6, paragraph (b), line 16, after ‘brought’ to insert ‘as soon as may be’.”

Amendment agreed to.

Section, as amended, agreed to.

(viii) Section 8.

Amendment proposed (Deputy Gay Mitchell):

“In page 6, paragraph (b), line 41, after ‘brought’ to insert ‘as soon as may be’.”

Amendment agreed to.

Amendment proposed (Deputy Gay Mitchell):

“In page 6, paragraph (b), line 49, after ‘remand’ to insert ‘in custody’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(ix) Section 9.

Amendment proposed (Deputy Gay Mitchell):

“In page 7, line 39, after ‘remand’ to insert ‘in custody’.”

Amendment, by leave, withdrawn.

Section agreed to.

(x) Section 10.

Amendment proposed (Deputy Gay Mitchell):

“In page 7, after line 47, to insert the following subsection:

‘(2) Section 43 of the Principal Act is hereby amended by the insertion of the following subsection after subsection (1):

“(1A) For the purpose of endorsement a Deputy Commissioner of the Garda Síochána or an Assistant Commissioner of the Garda Síochána may, with the authority of the Commissioner of the Garda Síochána, carry out the functions of the Commissioner of the Garda Síochána.”.’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xi) Section 11 agreed to.

(xii) Section 12.

Amendment proposed (Deputy Gay Mitchell):

“In page 8, paragraph (a), lines 27 and 28, to delete ‘by the Garda Síochána as soon as may be’ and substitute ‘as soon as may be by the Garda Síochána’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xiii) Section 13.

Amendment proposed (Deputy Gay Mitchell):

“In page 9, line 1, after ‘judge’ to insert ‘of the District Court assigned to the Dublin Metropolitan District’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gay Mitchell):

“In page 9, line 6, after ‘judge’ to insert ‘of the District Court assigned to the Dublin Metropolitan District’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gay Mitchell):

“In page 9, lines 12 to 15, to delete ‘a copy of the warrant shall be given to the person arrested, and the warrant shall be shown to him, at the time or, if it’ and substitute ‘the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xiv) Sections 14, 15 and 16 agreed to.

(xv) First Schedule.

Amendment proposed (Deputy Michael McDowell):

“In page 11, between lines 23 and 24, to insert the following:

‘17. Membership of an illegal organisation in Northern Ireland.’.”

Amendment, by leave, withdrawn.

Schedule agreed to.

(xvi) Second Schedule agreed to.

(xvii) Title agreed to.

6. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

7. Conclusion of Business.

The Committee concluded its consideration of the Bill at 4.05 p.m.

(vi) An Bille Aturnaetha (Leasú), 1994

Solicitors (Amendment) Bill, 1994

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) DAN WALLACE,

Chairman.

10th May, 1994.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé Céadaoin, 27 Aibreán, 1994

Wednesday, 27th April, 1994

1. The Committee met at 10.30 a.m.

2. Members Present.

The following members were present:—

Deputies Dan Wallace (in the Chair), Willie O’Dea (Minister of State at the Department of Justice)**, Dermot Ahern, Ben Briscoe, John Browne (Carlow-Kilkenny), Ivor Callely, Síle De Valera, Liam Fitzgerald, Eamon Gilmore, Seán Kenny*, Gay Mitchell, Breeda Moynihan-Cronin*, John Mulvihill, Liz O’Donnell, Jim O’Keeffe, Alan Shatter and Eamonn Walsh.

3. Meeting Suspended.

Ordered: That the Meeting be now suspended until 11 a.m.

* Pursuant to paragraph (9) of the Orders of Referenceof the Select Committee, Deputies Seán Kenny and Breeda Moynihan-Cronin substituted for Deputies Derek McDowell and Jim Kemmy respectively.

** Pursuant to paragraph (3) of the Orders of Referenceof the Select Committee, Deputy Willie O’Dea (Minister of State at the Department of Justice) substituted for the Minister for Justice

The Meeting was accordingly suspended at 10.35 a.m.

The Meeting was resumed at 11 a.m.

4. Solicitors (Amendment) Bill, 1994.

The Committee took the Bill into consideration.

(i) Section 1.

Amendment proposed (Deputy Gay Mitchell):

“In page 6, lines 16 to 21, to delete subsections (3) to (5) and substitute the following:

‘(3) This Act shall come into operation 3 months after the date of its passing.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 6, lines 18 and 19, to delete subsection (4).”

Amendment agreed to.

Section, as amended, agreed to.

(ii) Section 2.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 6, line 27, to delete ‘, unless the context otherwise excludes’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 7, lines 5 and 6, to delete ‘, unless the context otherwise excludes,’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 7, line 20, after ‘agent,’ to insert ‘bailee,’.”

Amendment agreed to.

Further consideration of the Bill adjourned.

5. Meeting Suspended.

Ordered: That the Meeting be now suspended until 12.35 p.m.

The Meeting was accordingly suspended at 12.15 p.m.

The Meeting was resumed at 12.35 p.m.

6. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 2.

Amendment proposed (Deputy Eamon Gilmore):

“In page 7, between lines 38 and 39, to insert the following definition:

‘ “Solicitors Ombudsman” means the Solicitors Ombudsman established by section 15 of this Act;’.”

Debate ensued.

Further consideration of the Bill adjourned.

7. Meeting Suspended.

Ordered: That the Meeting be now suspended until 4.05 p.m.

The Meeting was accordingly suspended at 1.35 p.m.

The Meeting was resumed at 4.05 p.m.

8. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 2.

The following amendment had been proposed by Deputy Eamon Gilmore on this day:

“In page 7, between lines 38 and 39, to insert the following definition:

‘ “Solicitors Ombudsman” means the Solicitors Ombudsman established by section 15 of this Act;’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(ii) Section 3.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 8, subsection (1) (a), line 11, to delete ‘or excludes’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 8, subsection (1) (a), line 13, to delete ‘or excludes’.”

Amendment agreed to.

Section, as amended, agreed to.

(iii) Sections 4, 5 and 6 agreed to.

(iv) Section 7.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 10, between lines 4 and 5, to insert the following subsection:

‘(2) Section 73 (as amended by the Act of 1960) of the Principal Act is hereby amended by the substitution of the following subsection for subsection (9):

“(9) A member of a committee under the section, who was a member of the Council at the date of his appointment, may act on the committee notwithstanding the fact that he has ceased to be a member of the Council and, for the purposes of subsection (3) of this section, he shall be regarded as a member of the Council.”.’.”

Amendment agreed to.

Amendment proposed (Deputy Liz O’Donnell):

“In page 10, between lines 4 and 5, to insert the following subsection:

‘(2) Section 73 (as amended by the Act of 1960) of the Principal Act is hereby amended by the insertion of the following subsection:

“(10) A Committee to whom the Council has delegated the exercise of the functions of the Council under subsection (1) of this section may, with the prior approval of the Council, delegate any of such functions to a designated senior officer or senior officers for the time being of the Society, subject to such restriction or restrictions (if any) and for such period or periods as that Committee or the Council may specify, and that Committee, or the Council, may revoke such delegation with or without notice.”.’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(v) Section 8.

Amendment proposed (Deputy Gay Mitchell):

“In page 10, subsection (1), line 14, after ‘satisfied’ to insert ‘beyond reasonable doubt’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gay Mitchell):

“In page 10, subsection (1) (a), line 21, to delete ‘determine’ and substitute ‘direct’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 10, subsection (2) (b), line 51, to delete ‘those costs’ and substitute ‘the costs of the solicitor to the extent that they have not already been paid by or on behalf of the client’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 11, subsection (7), lines 47 and 48, to delete ‘prior to a date that is five years before the date that this section comes into operation’ and substitute ‘more than five years before the date on which the complaint was made’.”

Amendment agreed to.

Section, as amended, agreed to.

(vi) Section 9.

Amendment proposed (Deputy Eamon Gilmore):

“In page 12, subsection (1), line 8, to delete ‘grossly’.”

Amendment agreed to.

Amendment proposed (Deputy Eamon Gilmore):

“In page 12, subsection (1) (a), line 11, after ‘refund’ to insert ’without delay’.”

Amendment agreed to.

Further consideration of the Bill adjourned.

9. Meeting Suspended.

Ordered: That the Meeting be now suspended until 5.05 p.m.

The Meeting was accordingly suspended at 4.45 p.m.

The Meeting was resumed at 5.05 p.m.

10. Consideration of Bill

The Committee resumed consideration of the Bill.

(i) Section 9.

Amendment proposed (Deputy Eamon Gilmore):

“In page 13, lines 1 to 6, to delete subsection (6).”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 13, subsection (6), lines 5 and 6, to delete ‘that this section comes into operation’ and substitute ‘on which the complaint was made’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(ii) Section 10 agreed to.

(iii) Section 11.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 13, subsection (1), line 31, to delete ‘or 9 (1)’ and substitute ‘, 9 (1) or 12 (1)’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 13, subsection (2), line 42, to delete ‘or 9 (1) and substitute ‘, 9 (1) or 12 (1)’.”

Amendment agreed to.

Amendment proposed (Deputy Gay Mitchell):

“In page 14, subsection (5), line 21, to delete ‘£1,000’ and substitute ‘£3,000’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(iv) Section 12 agreed to.

(v) Section 13.

Amendment proposed (Deputy Gay Mitchell):

“In page 14, subsection (1), line 39, to delete ‘may’ and substitute ‘shall’.”

Amendment, by leave, withdrawn.

Section agreed to.

(vi) Section 14 agreed to.

(vii) Section 15.

Amendment proposed (Deputy Gay Mitchell):

“In page 15, lines 28 to 33, to delete subsection (1) and substitute the following:

‘15.—(1) Investigation of any written complaint concerning the handling by the Society of a complaint about a solicitor made to the Society by any person, shall be the duty of the Ombudsman as established by the Ombudsman Act, 1980. The Minister shall, in consultation with the Society, set an annual contribution to be made by the Society towards the cost of the Ombudsman’s Office.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 15, subsection (2) (b), line 40, after ‘adjudicator’ to insert ‘and the terms and conditions of his appointment’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 15, subsection (2), between lines 40 and 41, to insert the following:

‘(c) the appointment of staff to assist the adjudicator and the terms and conditions of their appointment,’.”

Amendment agreed to.

Amendment proposed (Deputy Gay Mitchell):

“In page 15, subsection (2) (c), line 41, before ‘investigation’ to insert ‘examination or’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 16, subsection (2) (k), line 15, after ‘reports’ to insert ‘, including annual reports,’.”

Amendment agreed to.

Amendment proposed (Deputy Eamon Gilmore):

“In page 16, subsection (4), lines 46 and 47 and in page 17, lines 1 and 2, to delete paragraph (f).”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Gay Mitchell):

“In page 17, subsection (4), lines 3 to 6, to delete paragraph (g).”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Willie O ’Dea, Minister of State at the Department of Justice):

“In page 17, between lines 10 and 11, to insert the following subsection:

‘(6) Subject to paragraph (g) of subsection (4) of this section, an adjudicator may direct the Society to re-examine or reinvestigate a complaint made to the Society about a solicitor, if the adjudicator is not satisfied that the Society have investigated the complaint adequately.’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O ’Dea, Minister of State at the Department of Justice):

“In page 17, subsection (6), line 11, after ‘section’ to insert ‘and notwithstanding the provisions of subsection (6) of this section’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 17, subsection (7), line 21, before ‘reinvestigation’ to insert ‘reexamination or’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 18, subsection (13), line 2, after ‘conviction’ to insert ‘thereof’.”

Amendment agreed to.

Section, as amended, agreed to.

Further consideration of the Bill adjourned.

11. Adjournment.

The Committee adjourned at 6.50 p.m. until Tuesday, 10th May, 1994.

Dé Máirt, 10 Bealtaine, 1994

Tuesday, 10th May, 1994

1. The Committee met at 2.35 p.m.

2. Members Present.

The following members were present:—

Deputies Dan Wallace (in the Chair), Willie O’Dea (Minister of State at the Department of Justice)67, Ben Briscoe, John Browne (Carlow-Kilkenny), Ivor Callely, Liam Fitzgerald, Denis Foley, Eamon Gilmore, Derek McDowell, Michael McDowell*, John Mulvihill, Liz O’Donnell, Seán Power and Eoin Ryan.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 16.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 19, line 21, to delete ‘costs or’ and substitute ‘reasonable costs and’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 19, to delete lines 23 to 33, and substitute the following:

‘(5) For the purpose of hearing and determining any application under section 7 (as substituted by the Solicitors (Amendment) Act, 1994) of this Act, the Disciplinary Tribunal shall sit in divisions, each of which shall comprise three members of whom one shall be a lay member and two shall be solicitor members.’.”

Amendment agreed to.

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputy Michael McDowell substituted for Deputy Peadar Clohessy.

** Pursuant to paragraph (3) of the Orders of Reference of the Select Committee, Deputy Willie O’Dea (Minister of State at the Department of Justice) substituted for the Minister for Justice.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 19, line 34, to delete ‘lay’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 19, line 36, to delete ‘vouched’ and substitute ‘reasonable’.”

Amendment agreed to.

Section, as amended, agreed to.

(ii) Section 17.

Amendment proposed (Deputy Liz O’Donnell):

“In page 21, line 49, to delete ‘advise,’.”

Amendment proposed to the proposed amendment (Deputy Liam Fitzgerald):

“After ‘advise,’ to insert ‘and substitute “advise and” ’.”

Amendment to the proposed amendment agreed to.

Main amendment, as amended, agreed to.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 21, line 52, to delete ‘£1,000’ and substitute ‘£5,000’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 22, lines 38 to 40, to delete ‘may confirm the said sanction or impose, by order, a different sanction on the respondent solicitor.’ and substitute the following:

‘may—

(i)confirm the sanction imposed by the Disciplinary Tribunal on the respondent solicitor, or

(ii)in relation to the respondent solicitor, do one or more of the things specified in section 8 (1) (a) (as substituted by the Solicitors (Amendment) Act, 1994) of this Act.’.”

Amendment agreed to.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 22, lines 51 and 52, to delete ‘has not complied, or refuses to comply, with the terms of and substitute ‘refuses, neglects or otherwise fails to comply with’.”

Amendment agreed to.

Amendment proposed (Deputy Liz O’Donnell):

“In page 22, line 54, after ‘section’ to insert ’(to an extent that it has not been rescinded or varied by the High Court consequent on an appeal to the High Court under subsection (11) of this section)’.”

Amendment agreed to.

Amendment proposed (Deputy Liz O’Donnell):

“In page 23, between lines 10 and 11, to insert the following:

‘(17)(a)Where, on completion of an inquiry under subsection (3) of this section, the Disciplinary Tribunal find that there has been no misconduct on the part of the respondent solicitor and, in addition, are satisfied that the evidence adduced at such inquiry was false or misleading in a material respect that the application which gave rise to the inquiry could not, on that account, have been made in good faith, the Disciplinary Tribunal shall have power, by order, to direct that the Society or other person whose application under subsection (1) of this section gave rise to such inquiry pay to the respondent solicitor a sum, not exceeding £1,000, towards the cost reasonably incurred by the respondent solicitor in relation to his participation in such inquiry.

(b)The Society or other person in respect of whom an order has been made by the Disciplinary Tribunal under paragraph (a) of this subsection, may within a period of 21 days from the date of receipt by him of notification in writing of such order, appeal to the High Court to rescind or vary the order in whole or in part and the Court may, on hearing such appeal—

(c)If the Society or other person refuses, neglects or otherwise fails to comply with an order made under paragraph (a) of this subsection (to the extent that such order has not been rescinded or varied by the High Court consequent on an appeal to the Court under paragraph (b) of this subsection), the respondent solicitor may recover the sum or any outstanding part of the sum in question as a liquidated debt.’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(iii) Section 18.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 24, line 45, after ‘affidavit’ to insert ’(within a specified duration of time to be fixed by the Court)’.”

Amendment agreed to.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 24, lines 51 to 53, to delete ‘within a specified duration of time to be fixed by the Court,’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 25, between lines 44 and 45, to insert the following:

‘(vii)direct that the solicitor shall not attend at the place of business of his practice as a solicitor unless otherwise permitted by the Court;

(viii)direct that the solicitor shall not represent himself as having, or hold himself out as having, any connection with his former practice as a solicitor, or permit any other person to so represent that solicitor, unless otherwise permitted by the Court.’.”

Amendment agreed to.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 26, line 12, to delete ‘If’ and substitute ‘Where’.”

Amendment agreed to.

Section, as amended, agreed to.

(iv) Section 19 agreed to.

(v) Section 20.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 27, line 14, to delete ‘solicitor’ and substitute ‘person’.”

Amendment agreed to.

Section, as amended, agreed to.

(vi) Section 21.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 29, line 2, to delete ‘£1,000’ and substitute ‘£5,000, or on conviction on indictment to a term of imprisonment not exceeding 18 months and/or a fine not exceeding £10,000’.”

Amendment, by leave, withdrawn.

Section agreed to.

(vii) Sections 22, 23 and 24 agreed to.

(viii) Section 25.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 30, to delete lines 38 to 48 and substitute the following:

‘(a)the enforcement of the attendance of witnesses and their examination on oath or otherwise,

(b)the compelling of the production of documents, and

(c)the compelling of the discovery under oath of documents, and a

summons signed by a member of the Disciplinary Tribunal may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production and the discovery under oath of documents.’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 31, line 11, after ‘produce’ to insert ‘or discover under oath’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 31, lines 17 and 18, after ‘produced’ to insert ‘or discovered under oath’.”

Amendment agreed to.

Section, as amended, agreed to.

(ix) New sections.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 32, before section 26, but in Part III, to insert the following new section:

‘26.—Fines imposed by a Court under any provision of this Act shall be indexed annually by reference to the Consumer Price Index and regulations setting out this index shall be published annually by the Minister and laid before both Houses of the Oireachtas not later than the 31st March in each calendar year.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 32, before section 26, but in Part IV, to insert the following new section:

‘26.—(1) The Society may make regulations (in this section referred to as “indemnity regulations”) making provision for indemnity against losses arising from claims in respect of any description of civil liability incurred—

(a)by a solicitor arising from his practice as a solicitor, or

(b)by a partner, clerk or servant or former partner, clerk or servant of a solicitor arising from that solicitor’s practice as a solicitor.

(2) For the purposes of providing such indemnity, indemnity regulations may do any one or more of the following, namely—

(a)authorise the Society to establish and maintain any indemnity fund or funds, including a mutual fund;

(b)authorise the Society to effect and maintain a general policy of indemnity insurance making provision for indemnity against losses arising from claims in respect of any description of civil liability, in which solicitors would be required to participate;

(c)require solicitors or any specified category of solicitors to effect and maintain a policy of indemnity insurance with insurers approved of by the Society or to participate or to continue to participate in a fund or funds established or maintained pursuant to paragraph (a) of this subsection or in any other fund approved of by the Society, including the mutual fund known as the “Solicitors Mutual Defence Fund Limited”.

(3) The Society may, without prejudice to any of their other powers, carry into effect any arrangements which they consider necessary or expedient for the purpose of ensuring that there is indemnity against losses pursuant to this section.

(4) Without prejudice to the generality of subsections (1), (2) or (3) of this section, indemnity regulations may—

(a)specify terms and conditions on which indemnity against losses is to be available to solicitors from any indemnity fund or funds or under any general policy of indemnity insurance or under any policy of indemnity insurance with insurers approved of by the Society and any circumstances in which the right to such indemnity is to be excluded or modified;

(b)specify minimum levels of cover for indemnity against losses arising from claims or different classes of claims;

(c)provide for the management, administration and protection of any fund maintained under subsection (2) of this section and require solicitors or any specified category of solicitors to make payments to any such fund;

(d)require that solicitors or any specified category of solicitors make payments by way of premium in respect of any general policy of indemnity insurance maintained by the Society by virtue of subsection (2) of this section;

(e)specify conditions which indemnity cover shall satisfy for the purposes of subsection (2) of this section;

(f)provide for the determination by the management of any fund maintained by the Society under subsection (2) of this section of the contribution payable by solicitors or any specified category of solicitors in respect of each description of civil liability for which cover is provided by such funds;

(g)specify the circumstances in which, where a solicitor for whom indemnity cover is provided has failed to comply with the indemnity regulations or with the terms and conditions of such indemnity cover, proceedings for the recovery of sums paid by way of indemnity against losses in respect of that solicitor may be taken against him by the providers of such indemnity cover or by the Society, as may be appropriate;

(h)specify circumstances in which any solicitor or specified category of solicitor may be exempted from the indemnity regulations;

(i)enable the Society to take such steps as they think necessary or expedient to ascertain whether or not the indemnity regulations are being complied with;

(j)include arrangements for the submission to arbitration of any dispute arising between a solicitor and his client in relation to any claim or claims by the client against the solicitor in respect of civil liability to which the indemnity regulations apply by reason of the provisions of this section, where both the solicitor and the client have agreed in writing to submit the dispute to arbitration;

(k)specify the manner in which solicitors or any specified category of solicitors shall bring their compliance with, or exemption from, the indemnity regulations to the notice of their clients or the Society; and

(l)include incidental, procedural or supplementary provisions in relation to any of the matters set out in paragraphs (a) to (k) of this subsection.

(5) Notwithstanding the foregoing provisions of this section, the Minister may direct the Society to make or amend indemnity regulations.

(6) It shall be misconduct for a solicitor to whom indemnity regulations apply knowingly to make a false or misleading declaration of a material nature for the purpose of obtaining indemnity against losses, arising from claims in respect of any description of civil liability incurred by him.’.”

Question:—“That the new section be there inserted”—put, and agreed to.

(x) Section 26 deleted.

(xi) Section 27.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 34, lines 29 and 30, to delete ‘fails, neglects or refuses’ and substitute ‘refuses, neglects or otherwise fails’.”

Amendment agreed to.

Amendment proposed (Deputy Liz O’Donnell):

“In page 35, lines 24 and 25, to delete ‘or control’.”

Amendment agreed to.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 35, line 39, to delete ‘If’ and substitute ‘Where’.”

Amendment agreed to.

Section, as amended, agreed to.

(xii) Section 28.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 36, line 33, to delete ‘If’ and substitute ‘Where’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 37, between lines 19 and 20, to insert the following:

‘(iv)directing the solicitor to make himself available before the Court on a specified date and at a specified time for oral examination under oath in relation to the contents of any affidavit of assets sworn by him pursuant to paragraph (iii) of this subsection.’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 37, to delete lines 20 to 26, and substitute the following:

‘(6) Where the High Court makes in relation to a solicitor an order under subsection (1) of this section, the solicitor shall forthwith lodge (or cause to be lodged) in the manner prescribed under section 66 (1) (as substituted by the Solicitors (Amendment) Act, 1994) of the Principal Act any clients’ moneys subsequently received by him to the appropriate client account or client accounts, unless otherwise ordered by the Court.’.”

Amendment agreed to.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 37, line 27, to delete ‘fails, neglects or refuses’ and substitute ‘refuses, neglects or otherwise fails without reasonable excuse’.”

Amendment agreed to.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 37, line 31, to delete ‘If and substitute ‘Where’.”

Amendment agreed to.

Section, as amended, agreed to.

(xiii) Section 29.

Amendment proposed (Deputy Liz O’Donnell):

“In page 39, line 3, to delete ‘£250,000’ and substitute ‘£350,000’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xiv) Section 30.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 42, to delete lines 12 to 14.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 42, between lines 28 and 29, to insert the following:

‘(5) The Society may, by regulations, provide that no contribution to the Fund shall be payable by a solicitor who resides outside the State and is engaged in the provision of legal services outside the State.”.’.”

Amendment agreed to.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 42, between lines 28 and 29 to insert the following:

‘(5) Notwithstanding the provisions of section 21 of this Act (as substituted by the Solicitors (Amendment) Act, 1994), no grant shall be made out of the Fund in consequence of dishonesty on the part of a solicitor in the full-time service of the State or any clerk or servant of that solicitor.”.’.”

Amendment agreed to.

Section, as amended, agreed to.

(xv) Section 31.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 42, line 48, after ‘and’ to insert ‘approved of by’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 43, line 31, after ‘section 32’ to insert ‘or 34’.”

Amendment agreed to.

Section, as amended, agreed to.

(xvi) Section 32 agreed to.

(xvii) Section 33.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 45, subsection (4) (b), line 44, to delete ‘21 days’ and substitute ‘three months’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xviii) Sections 34 and 35 agreed to.

(xix) Section 36.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 46, subsection (1), line 49, to delete ‘this Act’ and substitute ‘the Solicitors Acts, 1954 to 1994,’.”

Amendment agreed to.

Section, as amended, agreed to.

(xx) Section 37.

Amendment proposed (Deputy Liz O’Donnell):

“In page 47, subsection (1), line 8, to delete ‘three’ and substitute ‘five’.”

Amendment, by leave, withdrawn.

Further consideration of the Bill adjourned.

4. Meeting Suspended.

Ordered: That the Meeting be now suspended until 5.05 p.m.

The Meeting was accordingly suspended at 4.15 p.m.

The Meeting was resumed at 5.05 p.m.

5. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 37.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 47, subsection (1), line 9, after ’solicitor’ to insert ’during which period he shall have worked full-time as a solicitor in the provision of legal services’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 47, subsection (1) (b), line 14, to delete ‘in continuous practice as a solicitor’ and substitute ‘engaged full-time in the provision of legal services’.”

Amendment agreed to.

Amendment proposed (Deputy Liz O’Donnell):

“In page 47, subsection (1) (b), line 15, to delete ‘three’ and substitute ‘five’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 47, subsection (4), line 27, to delete ‘which order shall be final’.”

Amendment agreed to.

Amendment proposed (Deputy Liz O’Donnell):

“In page 47, between lines 29 and 30, to insert the following subsection:

‘(6) For the purposes of this section where there is a restriction on a newly qualified solicitor, the Society shall ensure that each such solicitor shall be paid the minimum salary recommended by the Society and such amount shall be increased annually in accordance with any increase in the consumer price index.’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(ii) Sections 38 to 41, inclusive, agreed to.

(iii) Section 42.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 50, line 6, to delete ‘may’ and substitute ‘shall’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 50, line 9, to delete ‘12’ and substitute ‘six’.”

Amendment agreed to.

Section, as amended, agreed to.

(iv) Section 43.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 50, lines 35 to 37, to delete all words from and including ‘together’ in line 35, down to and including ‘health’ in line 37.”

Amendment, by leave, withdrawn.

Section agreed to.

(v) Section 44.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 51, to delete lines 44 to 47.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 52, line 21, to delete ‘corporate.’ and substitute the following:

‘corporate, or

(d)a solicitor in the full-time service of the State within the meaning of section 54 (3) (as substituted by the Solicitors (Amendment) Act, 1994) of this Act.’.”

Amendment agreed to.

Section, as amended, agreed to.

(vi) New section.

Amendment proposed (Deputy Liz O’Donnell):

“In page 52, before section 45, to insert the following new section:

‘45.—For the purposes of this Act, the Society shall ensure that a minimum £150 weekly shall be paid to apprentices and such amount shall be increased annually in accordance with any increases in the consumer price index.’.”

Amendment, by leave, withdrawn.

(vii) Sections 45 to 48, inclusive, agreed to.

(viii) Section 49.

Amendment proposed (Deputy Liz O’Donnell):

“In page 56, paragraph (e), between lines 9 and 10, to insert the following:

‘(8) In addition to the powers to make regulations under the foregoing provisions of this section, the Society may, with the concurrence of the Minister, make regulations providing—

(a)for the holding by the Society or any other prescribed body or institution of Irish language classes for apprentices or other persons seeking to be admitted as solicitors who wish to obtain such a level of oral and written proficiency in the use of the Irish language as would be sufficient to enable them, if and when admitted as solicitors, to receive instructions, to advise clients, to examine witnesses and to follow proceedings in the Irish language;

(b)for the establishment, maintenance and periodic review by the Society of a panel of solicitors whose oral and written proficiency in the Irish language is sufficient to enable them to receive instructions, to advise clients, to examine witnesses and to follow proceedings in the Irish language, and who are willing to provide legal services through the medium of the Irish language.

(9) On the coming into operation of regulations under subsection (8), subsection (3) shall cease to have effect.

(10) The Society shall provide a comprehensive management practice training module for apprentices or other persons seeking to be admitted as solicitors.’.”

Amendment, by leave, withdrawn.

Section agreed to.

(ix) Sections 50 and 51 agreed to.

(x) Section 52.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 59, to delete lines 21 to 25 and substitute the following:

‘(e) he shall not, for such period as may be prescribed (not to exceed three years) following the date of his admission as a solicitor (during which period he shall have worked full-time in the provision of legal services) commence to carry on practice—’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 59, lines 31 and 32, to delete ‘in continuous practice as a solicitor’ and substitute ‘engaged full-time in the provision of legal services’.”

Amendment agreed to.

Section, as amended, agreed to.

(xi) Section 53 agreed to.

(xii) Section 54.

Amendment proposed (Deputy Liz O’Donnell):

“In page 61, to delete lines 43 to 46 and substitute the following:

‘(8) The Minister may direct the Society to make regulations (or to amend regulations made) under subsection (1) of this section providing for the requirement set forth in subsection (2) of this section.”.’.”

Amendment agreed to.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 61, between lines 46 and 47, to insert the following:

‘(9) It shall be an offence for the Society to use regulations made under this Act, the Principal Act or any other Act in such a way as to restrict access to the profession of solicitor so as to reduce competition. Where the Society is found guilty of an offence under this section the Society shall be liable to a fine which shall be not less than £5,000.”.’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(xiii) Section 55 agreed to.

(xiv) Section 56.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 62, subsection (2), line 22, after ‘body’ to insert’, or as a solicitor in the full-time service of the State within the meaning of section 54 (3) (as substituted by this Act) of the Principal Act’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 62, subsection (3), line 23 to delete ‘The foregoing provisions’ and substitute ‘Subsection (1)’.”

Amendment agreed to.

Section, as amended, agreed to.

(xv) Section 57 agreed to.

(xvi) Section 58.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 63, subsection (1) (f), line 25, after ‘paragraph (c) or (d)’ to insert ‘(or both)’.”

Amendment agreed to.

Section, as amended, agreed to.

(xvii) Section 59 agreed to.

(xviii) Section 60.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 64, subsection (1), line 44, to delete ‘If and substitute ‘Where’.”

Amendment agreed to.

Section, as amended, agreed to.

(xix) Section 61.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 68, line 49, to delete ‘(2) (a)’ and substitute ‘(2) (a) (ii) or (iii)’.”

Amendment agreed to.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 68, line 51, to delete ‘(a)’.”

Amendment agreed to.

Section, as amended, agreed to.

(xx) Sections 62, 63 and 64 agreed to.

(xxi) New sections.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 70, before section 65, but in Part VII, to insert the following new section:

‘65.—Section 25 of the Act of 1960 is hereby amended by the insertion of the following subsection:

“(3) A reference in any provision of the Solicitors Acts, 1954 to 1994, to the President of the High Court may be construed as meaning any ordinary judge of the High Court assigned by the President of the High Court (or, in the absence of the President of the High Court, assigned by the senior ordinary judge of the High Court available at the relevant time) to hear any application or appeal (including any order or orders consequent thereon) under any such provision.”.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Liz O’Donnell):

“In page 70, before section 65, but in Part VII, to insert the following new section:

‘65.—(1) The Society shall issue guidelines requiring of its members that

(a)no Partnership Deed shall contain any clause which discriminates as between partners on the grounds of sex, and

(b)a maternity clause be included in such Partnership Deed.

(2) The Society shall adopt a code of practice for all of its members ensuring equality of opportunity.’.”

Amendment, by leave, withdrawn.

(xxii) Sections 65 and 66 agreed to.

(xxiii) Section 67.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 70, between lines 37 and 38, to insert the following subsection:

‘(3) Where a person wishes to take legal action against a solicitor, the Society shall be required to nominate three suitably qualified and experienced solicitors, from who the complainant may select one to act on his behalf, and the Society and the nominated solicitors shall have no discretion, unless another solicitor voluntarily comes forward, in the matter, and that the terms of engagement shall otherwise be the ordinary terms of engagement of that solicitor, and that the Society shall immediately remove from the register of solicitors, for a period of five years, the name of any solicitor who refuses to act against another solicitor when nominated by the Society to do so.’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xxiv) Section 68.

Amendment proposed (Deputy Liz O’Donnell):

“In page 70, subsection (1), after line 48, to insert the following:

‘(d) (i)the client’s right to require that solicitor to submit a bill of costs to a Taxing Master of the High Court for taxation on a solicitor and own client basis, and

(ii)that client’s right to make a complaint to the Society under section 9 of this Act that he has been issued with a bill of costs that is excessive,’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 72, subsection (9), line 11, to delete ‘and expenses’ and substitute ‘, expenses and any other financial charges’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xxv) Section 69.

Amendment proposed (Deputy Liz O’Donnell):

“In page 72, line 19, before ‘service’ to insert ‘legal’.”

Amendment agreed to.

Amendment proposed (Deputy Liz O’Donnell):

“In page 72, line 20, before ‘service’ to insert ‘legal’.”

Amendment agreed to.

Amendment proposed (Deputy Liz O’Donnell):

“In page 72, to delete lines 37 to 39.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(xxvi) Section 70.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 73, subsection (1), line 9, to delete ‘may’ and substitute ‘shall’.”

Amendment, by leave, withdrawn.

Question:—“That the section stand part of the Bill”—put, and decided in the affirmative.

(xxvii) Section 71.

Amendment proposed (Deputy Liz O’Donnell):

“In page 74, subsection (1), lines 34 to 37, to delete paragraph (a).”

Amendment, by leave, withdrawn.

Section agreed to.

(xxviii) Section 72.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 75, subsection (1), line 12, to delete ‘excludes’ and substitute ‘requires’.”

Amendment agreed to.

Question:—“That the section, as amended, stand part of the Bill”—put, and decided in the affirmative.

(xxix) Sections 73 and 74 agreed to.

(xxx) Section 75.

Amendment proposed (Deputy Liz O’Donnell):

“In page 77, subsection (4), lines 21 and 22, to delete ‘any provision of the Solicitors Acts, 1954 to 1994,’ and substitute ‘sections 7, 8 and 20 (as respectively substituted by the Solicitors (Amendment) Act, 1994) of the Act of 1960,’.”

Amendment agreed to.

Section, as amended, agreed to.

(xxxi) Section 76.

Amendment proposed (Deputy John Browne (Carlow-Kilkenny)):

“In page 79, line 48, before ‘to’ to insert ‘so’.”

Amendment agreed to.

Section, as amended, agreed to.

(xxxii) Section 77 agreed to.

(xxxiii) New section.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 83, before section 78, to insert the following new section:

‘78.—(1) Notwithstanding anything to the contrary in the Principal Act, the Minister may, after consultation with the Minister for Enterprise and Employment, make regulations authorising credit unions to provide services as follows—

(a)to draw up or prepare a will or other testamentary instrument, or

(b)to take instructions for a grant of probate or administration, or

(c)to draw or prepare any papers on which to found or oppose any such grants.

(2) The services referred to in subsection (1) of this section may be provided by credit unions in accordance with the provisions of regulations made under this section and in compliance with the requirements of this section.

(3) Regulations under this section may include provisions for all or any of the following, namely—

(a)the protection of persons for whom services are provided under this section by credit unions from conflicts of interest that might otherwise arise in connection with the provision of the services,

(b)securing that adequate compensation is available to such persons in respect of negligence, fraud or other dishonesty on the part of officers or employees of credit unions in connection with the provision of the services,

(c)(i) the extent to which and the manner in which services provided under this section would require the involvement of persons qualified to practise as solicitors within the meaning of the Principal Act, and

(ii)the qualifications and experience of personnel generally engaged in the provision of the services,

(d)the class or classes of persons to whom the services may be provided,

(e)requirements relating to the approval by the Registrar of Friendly Societies of a credit union proposing to provide services,

(f)the restriction of the power to provide the services to credit unions of a specified class or classes,

(g)maximum rates or scales of fees, costs or expenses which may be charged by credit unions for the provision of the services,

(h)taxation by a Taxing Master of the High Court of fees, costs or expenses charged by credit unions for the services,

(i)such further conditions in relation to the provision of the services as the Minister may prescribe in accordance with this section.

(4) In this section “probate” and “administration” have the meanings assigned to them by section 3 of the Succession Act, 1965.

(5) Any communication made to or by a credit union (including a communication made to or by an officer or employee of a credit union) in the course of its acting as such for a person in connection with providing services under subsection (1) of this section shall in any legal proceedings be privileged from disclosure in like manner as if the credit union had at all material times been acting as that person’s solicitor.

(6) (a)A credit union providing services under subsection (1) of this section shall not in relation to the provision of such services be an unqualified person within the meaning of the Principal Act.

(b)A credit union which provides any of the services mentioned in subsection (1) of this section otherwise than in accordance with the provisions of this section or of any regulations made under this section shall be guilty of an offence under section 58 (2) (as amended by this Act) of the Principal Act.

(7) Section 58 (as amended by this Act) of the Principal Act shall not apply to—

(a)a credit union,

(b)any officer or employee of a credit union by reason of any act done by him in the course of his office or employment on behalf of the credit union, where the credit union is providing services in accordance with subsection (1) of this section.

(8) Section 59 of the Principal Act shall not apply to any solicitor by reason of any act done by him as an officer or employee of a credit union where that credit union is providing services in accordance with subsection (1) of this section.

(9) Where a credit union provides services under subsection (1) of this section it shall include in any document or advertisement issued to the public, which contains a reference to the provision of the services, a statement of the charges or the basis for the charges in respect of the services and a client shall be entitled to ask for and to be furnished with an itemised statement of that credit union’s charges in respect of services provided by the credit union under subsection (1) of this section.

(10) On the taking of instructions to provide services under this section to a person, or as soon as is practicable thereafter, a credit union shall provide the person with particulars in writing of—

(a)the actual charges, or

(b)where the provision of particulars of the actual charges is not in the circumstances possible or practicable, an estimate (as near as may be) of the charges, or

(c)where the provision of particulars of the actual charges or an estimate of such charges is not in the circumstances possible or practicable, the basis on which the charges are to be made, by that credit union for the provision of such services.

(11) Any information which comes into the possession of an officer or employee of a credit union by virtue of his involvement in the provision of services under subsection (1) of this section by a credit union shall not be used by him or by the credit union to promote the business of the credit union.

(12) (a)A credit union providing services under subsection (1) of this section shall maintain separate accounting records and prepare accounts in respect of each year showing—

(i)the cost to the credit union of providing the services, and

(ii)the income accruing to the credit union from the charges made for the services,

and, subject to subsection (3) (g) of this section, shall so provide and charge for the services that the income from the provision of the services is not less than sufficient to meet all costs properly attributable to the provision of the services taking one year with another.

(b)A statement attesting the correctness of the accounts prepared in accordance with paragraph (a) of this subsection and confirming that such accounts have not been distorted as a result of any arrangement which would affect the apportionment of costs and income associated with the provision of the services and that such apportionments as have been made have been properly made shall be signed by the chairperson and treasurer of the credit union and attached to the annual accounts of the credit union.

(13) A credit union shall not provide services under the provisions of this section unless at least one of the following conditions is satisfied:

(a)regulations have been made under section 80 of this Act, or

(b)the credit union is a member of a scheme (other than a scheme established under section 80 of this Act) which has been established for the investigation of complaints against the credit union in relation to the provision of services under this section and which has been approved of by the Minister.

(14) If a person exercising any right under this section or a person acting on behalf of such a person applies for any grant of probate or letters of administration and—

(a)makes a statement in the application, or supports the application with a document, which he knows to be false or misleading in a material particular, or

(b)recklessly makes a statement in the application, or supports the application with a document, which is false or misleading in a material particular,

he shall be guilty of an offence.

(15) Any person guilty of an offence under subsection (14) of this section shall be liable—

(a)on conviction on indictment thereof, to a fine not exceeding £10,000,

(b)on summary conviction thereof, to a fine not exceeding £1,000.

(16) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(17) In this section “credit union” means an industrial and provident society registered as a credit union under the Credit Union Act, 1966.’.”

Question:—“That the new section be there inserted”—put, and agreed to.

(xxxiv) Sections 78 and 79 deleted.

(xxxv) New section.

Amendment proposed (Deputy Willie O’Dea, Minister of State at the Department of Justice):

“In page 89, before section 80, to insert the following new section:

‘80.—(1) The Minister may, by regulations, made after consultation with the Minister for Enterprise and Employment, require a credit union to establish, or join in establishing, and to maintain and fund a scheme or schemes for the investigation of complaints against a credit union in relation to any services provided or any act done by such a credit union under the provisions of section 78 of this Act.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may make provision in relation to any one or more of the following—

(a)the establishment and administration of a scheme,

(b)the manner of appointment of an independent adjudicator to conduct investigations,

(c)the matters to be subject to investigation under the scheme,

(d)the grounds on which a complaint must be based,

(e)the powers of, and procedure to be followed in the conduct of investigations by the adjudicator,

(f)the circumstances in and the extent to which determinations are binding,

(g)the procedures for the making of complaints,

(h)the publication of the adjudicator’s findings.

(3) Subject to subsection (4) of this section, the reference of a complaint under a scheme established under this section shall not affect the rights of any person to have a dispute determined in any other manner provided by law.

(4) Where on a complaint under a scheme established under this section the parties concerned agree that a determination in accordance with the scheme shall be binding on them and the scheme provides for such an agreement, then the determination shall be binding on the parties.

(5) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.’.”

Question:—“That the new section be there inserted”—put, and agreed to.

(xxxvi) Section 80 deleted.

(xxxvii) Sections 81, 82 and 83 agreed to.

(xxxviii) Title agreed to.

6. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

7. Conclusion of Business.

The Committee concluded its consideration of the Bill at 7.35 p.m.

(vii) An Bille um an Dlí Teaghlaigh 1994

Family Law Bill, 1994

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) DAN WALLACE,

Chairman.

18th May, 1994.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé Céadaoin, 11 Bealtaine, 1994

Wednesday, 11th May, 1994

1. The Committee met at 11.55 a.m.

2. Members Present.

The following members were present:—

Deputies Dan Wallace (in the Chair), Joan Burton (Minister of State at the Department of Social Welfare)**, Noel Ahern*, Ben Briscoe, John Browne (Carlow-Kilkenny), Austin Currie*, Liam Fitzgerald, Helen Keogh*, Liz McManus*,

John O’Donoghue, Jim O’Keeffe, Seán Power, Alan Shatter and Eamon Walsh.

3. The Committee deliberated.

4. Adjournment.

The Committee adjourned at 12.20 p.m. until 10.30 a.m. on Wednesday, 18th May, 1994.

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Noel Ahern, Austin Currie, Helen Keogh and Liz McManus substituted for Deputies Dermot Ahern, Seán Barrett, Peadar Clohessy and Éamon Gilmore respectively.

** Pursuant to paragraph (3) of the Orders of Reference of the Select Committee, Deputy Joan Burton (Minister of State at the Department of Social Welfare) substituted for the Minister for Equality and Law Reform.

Dé Céadaoin, 18 Bealtaine, 1994

Wednesday, 18th May, 1994

1. The Committee met at 10.35 a.m.

2. Members Present.

The following members were present:—

Deputy Dan Wallace (in the Chair), the Minister for Equality and Law Reform, Deputies Seán Barrett, Ben Briscoe, John Browne (Carlow-Kilkenny), Ivor Callely,

Austin Currie*, Liam Fitzgerald, Tony Gregory, Helen Keogh*, Micheál Martin*, Derek McDowell, Liz McManus*, John O’Donoghue, Jim O’Keeffe, Seán Power, Eoin Ryan, Alan Shatter and Eamon Walsh.

3. Family Law Bill, 1994.

The Committee took the Bill into consideration.

(i) Section 1.

Amendment proposed (Deputy Liz McManus):

“In page 4, subsection (2) (a), line 25, after ‘or days’ to insert ‘which shall be not later than six months following its enactment’.”

Amendment, by leave, withdrawn.

Section agreed to.

(ii) Section 2.

Amendment proposed (Minister for Equality and Law Reform):

“In page 5, line 32, to delete ‘21 years’ and substitute ‘23 years’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 5, lines 36 and 37, to delete ‘the Family Home Protection Act, 1976’ and substitute ‘section 2 of the Family Home Protection Act, 1976, with the modification that the references to a spouse in that section shall be construed as references to a spouse within the meaning of this Act’.”

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Helen Keogh, Micheál Martin and Liz McManus substituted for Deputies Peadar Clohessy, Dermot Ahern and Eamon Gilmore respectively; and Deputy Austin Currie substituted for Deputy Seán Barrett (for part of the meeting).

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 6, between lines 3 and 4, to insert the following definition:

‘ “member of the scheme”, in relation to a pension scheme, means any person who, having been admitted to membership of the scheme under its rules, remains entitled to any benefit under the scheme;’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 6, between lines 8 and 9, to insert the following:

‘(b)(i) an annuity contract approved by the Revenue Commissioners under section 235 of the Income Tax Act, 1967, or a contract so approved under section 235A of that Act,

(ii)a trust scheme, or part of a trust scheme, so approved under subsection (4) of the said section 235 or subsection (5) of the said section 235A, or

(iii)a policy or contract of assurance approved by the Revenue Commissioners under Chapter II of Part I of the Finance Act, 1972, or’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 6, line 10, to delete ‘or other financial plan’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 6, lines 28 and 29, to delete the definition of ‘trustees’ and substitute the following definition:

“‘trustees”, in relation to a scheme that is established under a trust, means the trustees of the scheme and, in relation to a pension scheme not so established, means the persons who administer the scheme;’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 6, subsection (3) (a), line 37, to delete ‘to which section 24 applies’ and substitute ‘that has been dissolved or annulled under the law of a country or jurisdiction other than the State’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 6, subsection (3) (b), line 39, after ‘that’ where it secondly occurs to insert ‘is void or’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 6, subsection (3) (b), line 40, to delete ‘to which section 24 applies’ and substitute ‘that has been dissolved or annulled under the law of a country or jurisdiction other than the State’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 6, subsection (3) (c), lines 42 and 43, to delete ‘or to which section 24 applies’ and substitute ‘or in relation to which a decree of nullity has been granted or that has been dissolved or annulled under the law of a country or jurisdiction other than the State’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 6, subsection (3), after line 43, to insert the following:

‘(d)a reference to a family includes a reference to a family as respects which the marriage of the spouses concerned is void or voidable or in relation to which a decree of nullity has been granted or that has been dissolved or annulled under the law of a country or jurisdiction other than the State,’.”

Amendment agreed to.

Section, as amended, agreed to.

(iii) Sections 3, 4 and 5 agreed to.

(iv) Section 6.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, subsection (1), line 44, to delete ‘it’ and substitute ‘the court’.”

Amendment agreed to.

Section, as amended, agreed to.

(v) Section 7.

Amendment proposed (Minister for Equality and Law Reform):

“In page 8, subsection (1), line 13, after ‘thereafter’ to insert ‘during the lifetime of both of the spouses concerned’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 8, subsection (1), line 14, to delete ‘concerned’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 8, subsection (1) (b) (ii), line 32, to delete ‘(if any)’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 8, subsection (1) (b) (ii), line 33, before ‘dependent’ to insert ‘(if any)’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 9, subsection (6) (a), lines 41 to 43, to delete ‘and who would not make the payments to which the said first-mentioned order relates’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, subsection (6) (c) (ii), line 1, to delete ‘of’ and substitute ‘or’.”

Amendment agreed to.

Section, as amended, agreed to.

(vi) Section 8.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, subsection (1), line 8, after ‘thereafter’ to insert ‘during the lifetime of both of the spouses concerned’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, subsection (1), line 9, to delete ‘concerned’.”

Amendment agreed to.

Amendment proposed (Deputy Helen Keogh):

“In page 10, between lines 39 and 40, to insert the following subsection:

‘(5) Spouses may agree to settle matters in relation to property adjustment by Deed of Separation which will constitute a full and final settlement of all such issues between them.’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(vii) Section 9.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, subsection (1), line 41, after ‘thereafter’ to insert ‘during the lifetime of both of the spouses concerned’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, subsection (1), line 43, to delete ‘concerned’.”

Amendment agreed to.

Section, as amended, agreed to.

(viii) Section 10.

Amendment proposed (Minister for Equality and Law Reform):

“In page 11, subsection (1), line 27, after ‘nullity’ to insert ‘or a decree of judicial separation’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 11, subsection (1) (b), lines 33 and 34, to delete ‘by reason of the annulment of the marriage’ and substitute ‘by reason of the decree of judicial separation or the invalidity of the marriage, as the case may be,’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (2) (b), line 16, to delete ‘of the applicant’ and substitute ‘or death of the applicant in so far as it relates to the applicant’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (2) (c), lines 18 and 19, to delete ‘married since the granting of the decree of nullity concerned’ and substitute ‘remarried’.”

Amendment agreed to.

Section, as amended, agreed to.

(ix) Section 11.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (1), line 30, after ‘nullity’ to insert ‘or a decree of judicial separation’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (1), line 34, after ‘providing’ to insert ‘for either or both of the following’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (1), lines 35 to 51, and in page 13, lines 1 to 20, to delete paragraphs (a) and (b) and substitute the following:

‘(a)(i)for the transfer of the interest (not being an interest that is a benefit payable to the member spouse’s widow, widower or dependents, or any other person, on the death of the member spouse) or a specified part thereof (the value of the interest being determined by the trustees of the scheme or, if the court should so determine, in such other manner as the court may specify) existing at the time of the making of the order for the grant of the decree, of the member spouse in the scheme to the other spouse so as to provide for that other spouse, at the option of those trustees, a benefit under the scheme as if that other spouse was a member of the scheme or a benefit under another scheme approved by the court within such time as may be specified in the order, or

or

(b)the payment of a benefit payable under the scheme, being a benefit for a widow, widower or dependents of the member or any other persons on the death of the member spouse, or a specified part of such a benefit to either of the following or to both of them in such proportions as the court may determine, that is to say:

the question whether any of the benefit be so paid and the amount (if any) thereof to be so paid being determined by the court pursuant to an application made to it in that behalf not more than 12 months after the time when representation is first granted under the Act of 1965,’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, subsection (2), line 25, to delete ‘subparagraph (i) or (ii) of subsection (1) (b)’ and substitute ‘paragraph (a) (ii) or (b) of subsection (1)’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, subsection (2), lines 29 to 31, to delete ‘the provisions of section 16 (2) and any representations made by those trustees in relation to the matter’ and substitute ‘any representations made by any person to whom notice of the application has been given under this section or section 40’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, between lines 38 and 39, to insert the following subsections:

‘(4) Where, after the making of an order under paragraph (a) (ii) or (b) of subsection (1), the member spouse concerned ceases to be a member of the pension scheme concerned before his or her death, the trustees of the scheme may, for the purpose of complying with the order, transfer the interest of the member spouse in the scheme—

(a)to a policy or contract of assurance—

(i)under which the beneficiaries are the member spouse and any other person who, by virtue of the member spouse’s membership of the scheme, is a beneficiary under the scheme, and

(ii)which has been approved by the Revenue Commissioners under Chapter II of Part I of the Finance Act, 1972,

or

(b)to another pension scheme of which the member spouse is a member for his or her benefit,

(and, if they do so, they shall give notice to the court of the transfer).

(5) (a) The registrar or clerk of the court concerned shall—

(i)cause a copy of or an order under subsection (1) (a) (i) to be served on the trustees of the pension scheme concerned, and

(ii)cause a copy of or an order under paragraph (a) (ii) or (b) of subsection (1) to be served on the trustees of the pension scheme concerned and on the trustees of any other pension scheme of which the member spouse concerned becomes a member after the date of the making of the order.

(b)Where a copy of an order under paragraph (a) (ii) or (b) of subsection (1) is served on the trustees of the pension scheme and the member spouse concerned ceases to be a member of the scheme before his or her death, the trustees shall, within 10 days of the cessation, inform the court and the other spouse of that fact.’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, subsection (5) (a), lines 46 and 47, to delete ‘since the granting of the decree of nullity concerned’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, subsection (5) (b), line 48, to delete ‘subparagraph (i) of subsection (1) (b)’ and substitute ‘paragraph (a) (ii) or (b) of subsection (1)’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, subsection (5), lines 50 to 52, to delete paragraph (c) and substitute the following:

‘(c)Upon the death or remarriage of the spouse in whose favour an order under subsection (1) (a) (i) is made, the order shall cease to have effect and the interest or part of an interest transferred to that spouse by the order shall revert to the member spouse concerned and any value accrued to the interest or part shall vest in the member spouse.

(d)Upon the death or remarriage of the spouse in whose favour an order is made under subsection (1) (a) (ii) or (b), the order shall, to the extent that it applies to that spouse, cease to have effect.’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (6), line 11, after ‘nullity’ to insert ‘or a decree of judicial separation’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (6), line 12, after ‘instituted’ to insert ’and shall continue so to apply notwithstanding the grant of a decree of nullity’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (7) (a), line 13, to delete ‘paragraph (a)’ and substitute ‘paragraph (a) (i)’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (7), lines 20 to 23, to delete paragraph (b) and substitute the following:

‘(b)For the purposes of subsection (I) (a) (i), the value of the interest concerned and, where an order is made under that provision, the treatment of any part of the interest remaining in the pension scheme concerned after effect has been given to the order shall, if relevant guidelines under section 10 (1) (c) of the Pensions Act, 1990, are in force, be determined in accordance with those guidelines.’.”

Amendment agreed to.

Section, as amended, agreed to.

(x) Section 12.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (2), lines 36 to 39, to delete all words from and including ’and’ where it secondly occurs in line 36 down to the end of the subsection and substitute ’, the court shall have regard to any representations made by any person to whom notice of the application has been given under this section or section 40’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, between lines 39 and 40, to insert the following subsection:

‘(3) Any costs incurred by the trustees of a pension scheme under sub-section (2) or in complying with an order under subsection (1) shall be borne, as the court may determine, by either of the spouses concerned or by both of the spouses and in such proportion and manner as the court may determine.’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (3), line 41, to delete ‘9’ and substitute ‘10’.”

Amendment agreed to.

Section, as amended, agreed to.

(xi) Section 13.

Amendment proposed (Minister for Equality and Law Reform):

“In page 15, paragraph (a), line 1, after ‘exists’ to insert ‘or can be made under section 7, 8, 9 (1) (a), 10, 11 or 12’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 15, paragraph (b), line 5, after ‘(a)’ to insert ’, 10, 11’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 15, paragraph (c), line 9, after ‘(a)’ to insert ‘, 10, 11’.”

Amendment agreed to.

Section, as amended, agreed to.

(xii) Section 14.

Amendment proposed (Minister for Equality and Law Reform):

“In page 15, subsection (1), line 18, to delete ‘specified’ and substitute ‘specifies’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 15, subsection (1), line 23, to delete ‘deceased spouse’ and substitute ‘applicant’.”

Amendment agreed to.

Section, as amended, agreed to.

(xiii) Section 15 agreed to.

(xiv) Section 16.

Amendment proposed (Minister for Equality and Law Reform):

“In page 17, subsection (1), line 15, after ‘section’ to insert ‘6,’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 17, subsection (1), line 16, after ‘12,’ to insert ‘13,’.”

Amendment agreed to.

Amendment proposed (Deputy Helen Keogh):

“In page 17, subsection (2) (f), line 45, after ‘family’ to insert ‘and there shall be a rebuttable presumption that the work of the spouse within the home should, unless there are compelling reasons to the contrary, give rise to a joint interest in the family home’.”

Question put, and decided in the negative.

Amendment proposed (Minister for Equality and Law Reform):

“In page 18, subsection (2), lines 7 to 11, to delete paragraph (k) and substitute the following:

‘(k) the value to each of the spouses of any benefit (for example, a benefit under a pension scheme) which by reason either of the invalidity of the marriage concerned or the decree of judicial separation concerned, as the case may be, that spouse will forfeit the opportunity or possibility of acquiring,

(l) the rights of any person other than the spouses but including a person to whom either spouse is remarried.’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 18, between lines 36 and 37, to insert the following subsection:

‘(5) The court shall not make an order under a provision referred to in subsection (1) unless it would be in the interests of justice to do so.’.”

Amendment agreed to.

Section, as amended, agreed to.

(xv) Section 17 agreed to.

(xvi) Section 18.

Amendment proposed (Minister for Equality and Law Reform):

“In page 19, subsection (1) (e), lines 23 and 24, to delete ‘that contains a restriction specified in section 8 (2)’ and substitute ‘in so far as such application is not restricted pursuant to section 8 (2)’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 19, subsection (1) (h), line 27, to delete ‘section 11 (1) (b)’ and substitute ‘paragraph (a) (ii) or (b) of section 11 (1)’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 19, subsection (2), lines 30 and 31, to delete ‘and sections 8 (2) and 16’ and substitute ‘, any restriction pursuant to section 8 (2), and section 16’.”

Amendment agreed to.

Section, as amended, agreed to.

(xvii) Section 19 agreed to.

(xviii) Section 20.

Amendment proposed (Deputy Helen Keogh):

“In page 21, between lines 23 and 24, to insert the following subsection:

‘(2) Parties to an order shall be required to make full financial disclosure to include income and property of the parties.’.”

Amendment, by leave, withdrawn.

Section agreed to.

(xix) Sections 21, 22 and 23 agreed to.

(xx) Section 24.

Amendment proposed (Minister for Equality and Law Reform):

“In page 22, subsection (1) (a), lines 8 to 10, to delete ‘or an order under section 18 in relation to an order referred to in subsection (1) (e) of that section’.”

Amendment agreed to.

Section, as amended, agreed to.

(xxi) Sections 25 and 26 agreed to.

(xxii) Section 27.

Amendment proposed (Minister for Equality and Law Reform):

“In page 25, subsection (2), lines 17 and 18, to delete ‘(European Communities)’.”

Amendment agreed to.

Section, as amended, agreed to.

(xxiii) Sections 28 to 31, inclusive, agreed to.

(xxiv) New section.

Amendment proposed (Deputy Liz McManus):

“In page 28, before section 32, to insert the following new section:

‘32.—Notwithstanding the rights of religious denominations to perform marriage ceremonies according to their own rites, after the coming into effect of this section, a marriage shall not be valid in law unless it has also been solemnised in a distinct ceremony by the Registrar of Marriages for the district concerned.’.”

Debate ensued.

Further consideration of the Bill adjourned.

4. Meeting Suspended.

Ordered: That the Meeting be now suspended until 2.15 p.m.

The Meeting was accordingly suspended at 1.05 p.m.

The Meeting was resumed at 2.15 p.m

5. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) New section.

The following amendment had been proposed by Deputy Liz Mc Manus on this day:

“In page 28, before section 32, to insert the following new section:

‘32.—Notwithstanding the rights of religious denominations to perform marriage ceremonies according to their own rites, after the coming into effect of this section, a marriage shall not be valid in law unless it has also been solemnised in a distinct ceremony by the Registrar of Marriages for the district concerned.’.”

Question:—“That the new section be there inserted”—put, and decided in the negative.

(ii) Section 32.

Amendment proposed (Deputy Austin Currie):

“In page 29, subsection (2), lines 2 to 5, to delete all words from and including ‘and,’ in line 2, down to and including ‘receipt’ in line 5.”

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Equality and Law Reform):

“In page 29, between lines 8 and 9, to insert the following subsection:

‘(4) (a) The Minister for Health may make regulations for the purposes of this section and, in particular, in relation to the notifications provided for by subsections (1) and (2).

(b)A regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to anything previously done thereunder.’.”

Amendment agreed to.

Section, as amended, agreed to.

(iii) Section 33.

Amendment proposed (Deputy Helen Keogh):

“In page 29, subsection (1), line 14, to delete ‘section 31 (1) (a) or’.”

Amendment, by leave, withdrawn.

Section agreed to.

(iv) Section 34 agreed to.

(v) New section.

Amendment proposed (Deputy Austin Currie):

“In page 29, before section 35, but in Part VI, to insert the following new section:

‘35.—The provisions of the Family Law (Maintenance of Spouses and Children) Act, 1981 and the Family Law (Protection of Spouses and Children) Act, 1981 in relation to barring orders shall be extended to ensure that—

(a)cohabitees shall be enabled to apply for barring orders, and

(b)in specified circumstances barring orders shall apply to adult children.’.”

Amendment, by leave, withdrawn.

(vi) Section 35 agreed to.

(vii) New section.

Amendment proposed (Deputy Helen Keogh):

“In page 31, before section 36, to insert the following new section:

‘36.—(1) In proceedings brought under section 12 of the Married Women’s Status Act, 1957, the High Court or the Circuit Court, as the case may be, shall have additional jurisdiction in respect of property to which this Act applies—

(a)to inquire as to whether, and to find and declare that, a husband or wife, by reason of the extent of his or her non-financial contribution to the family household, has directly or indirectly enabled or assisted the other spouse to acquire or enlarge any interest, legal or equitable, in such property,

(b)to declare that such husband or wife is or was entitled to an equitable share in such interest, by reason of any non-financial contribution,

(c)to declare that the other spouse holds or held that interest, or its proceeds, in trust for such husband or wife to the extent of such equitable share accordingly.

(2) In determining the entitlement of a husband to a beneficial interest in respect of property under subsection (1) of this section, the Court shall have regard to—

(a)the value of the property in question,

(b)the financial contribution made directly or indirectly by either spouse towards the acquisition of the property,

(c)the duration and the nature of the non-financial contribution made directly or indirectly by each spouse to the family household,

(d)the circumstances of each spouse, and

(e)such other matters as the Court may consider relevant.

(3) An order made under this section shall not in any circumstance increase the legal or equitable share of the husband or wife in whose favour it is made to any extent greater than that of the other spouse.

(4) The jurisdiction conferred by this section is without prejudice to the powers of any Court to make a property adjustment order relating to an order for judicial separation under the law for the time being in force.’.”

Amendment, by leave, withdrawn.

(viii) Section 36.

Amendment proposed (Minister for Equality and Law Reform):

“In page 32, subsection (8) (b), line 46, after ‘State’ to insert ’or a country or jurisdiction other than the State’.”

Amendment agreed to.

Section, as amended, agreed to.

(ix) Section 37.

Amendment proposed (Minister for Equality and Law Reform):

“In page 33, line 11, before ‘shall’ to insert ‘(other than under section 11)’.”

Amendment agreed to.

Section, as amended, agreed to.

(x) Section 38.

Amendment proposed (Minister for Equality and Law Reform):

“In page 33, subsection (5), line 32, to delete ‘(2)’ and substitute ‘(3)’.”

Amendment agreed to.

Section, as amended, agreed to.

(xi) Sections 39 to 42, inclusive, agreed to.

(xii) Section 43.

Amendment proposed (Minister for Equality and Law Reform):

“In page 35, to delete lines 19 to 31 and substitute the following:

‘43.—The Act of 1976 is hereby amended by—

(a)in section 3, in the definition of “dependent child of the family”, the substitution of “23” for “twenty-one”,

(b)the insertion of the following section after section 8:

“Preservation of pension entitlements in separation agreements.

8A—(1) Subject to the provisions of this section, on an application to the High Court or the District Court under section 8 of this Act, the Court may, on application to it in that behalf by either of the spouses concerned, make an order directing the trustees of a pension scheme of which either or both of the spouses are members, not to regard the separation of the spouses by agreement as a ground for disqualifying either of them for the receipt of a benefit under the scheme a condition for the receipt of which is that the spouses should be residing together at the time when the benefit becomes payable.

(2) Notice of an application under subsection (1) shall be given by the spouse concerned to the trustees of the pension scheme concerned and, in deciding whether to make an order under subsection (1), the Court shall have regard to any order made, or proposed to be made, by it in relation to the application by the spouse or spouses concerned under section 8 of this Act and any representations made by those trustees in relation to the matter.

(3) Any costs incurred by the trustees of a pension scheme under subsection (2) or in complying with an order under subsection (1) shall be borne, as the court may determine, by either of the spouses concerned or by both of the spouses and in such proportions and such manner as the Court may determine.

(4) In this section ‘pension scheme’ has the meaning assigned to it by the Family Law Act, 1994.”,

(c)in section 10—

(i)the insertion of the following subsection after subsecton (1):

and

(ii)in subsection (2), the insertion, after “employment” of “or is a trustee (within the meaning of the Family Law Act, 1994) of a pension scheme (within the meaning aforesaid) under which the maintenance debtor is receiving periodical pension benefits”,’.”

Amendment agreed to.

Section, as amended, agreed to.

(xiii) Sections 44 and 45 agreed to.

(xiv) Section 46.

Amendment proposed (Minister for Equality and Law Reform):

“In page 37, between lines 6 and 7, to insert the following subsection:

‘(7) The function conferred on a health board by subsection (2) shall be a function of the chief executive officer of the board.’.”

Amendment agreed to.

Section, as amended, agreed to.

(xv) Sections 47, 48 and 49 agreed to.

(xvi) Schedule.

Amendment proposed (Minister for Equality and Law Reform):

“In page 39, in the third column, opposite the reference to ‘1844, c. 81’ in the first column, before ‘Sections 19 and 25’ to insert the following:

‘In section 9, “, and that they are both of the full age of twenty-one years, or, when either of the parties shall be under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage is required by law has been obtained thereto, or that there is no person having authority to give such consent, or that such party is a widower or widow, as the case may be” ’.”

Amendment agreed to

Amendment proposed (Deputy Helen Keogh):

“In page 39, in the third column, opposite the reference to ‘1844, c. 81’ in the first column, to delete ‘Sections 19 and 25’ and substitute ‘The whole Act’.”

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Equality and Law Reform):

“In page 39, in the third column, opposite the reference to ‘1844, c. 81’ in the first column, after ‘Sections 19 and 25’ to insert the following:

‘In section 22, “, and that they are both of the full age of twenty-one years, or, where either of the parties shall be under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage is required by law has been obtained thereto, or that there is no person having authority to give such consent, or that such party is a widower or widow, as the case may be” ’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 39, in the third column, opposite the reference to ‘1870, c. 110’ in the first column, after ‘void.” ’, to insert ‘and the words”, and that they are both of the full age of twenty-one years, or, where either of the parties shall be under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage is required by law has been obtained thereto, of that there is no person having authority to give such consent, or that such person is a widower or widow, as the case may be”.

Section 41’.”

Amendment agreed to.

Schedule, as amended, agreed to.

(xvii) Title agreed to.

6. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

7. Conclusion of Business.

The Committee concluded its consideration of the Bill at 3.45 p.m.

(viii) An Bille Cothabhála, 1994

Maintenance Bill, 1994

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) DAN WALLACE,

Chairman.

21st July, 1994.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Déardaoin, 21 Iúil, 1994

Thursday, 21st July, 1994

1. The Committee met at 11.25 a.m.

2. Members Present.

The following members were present:—

Deputy Dan Wallace (in the Chair), the Minister for Equality and Law Reform, Deputies Dermot Ahern, Michael Ahern*, Ben Briscoe, John Browne (Carlow-Kilkenny), Ivor Callely, Austin Deasy*, Síle De Valera, Denis Foley, Tony Gregory, Paddy Harte, Jim Kemmy, Helen Keogh*, Derek Mc Dowell, Liz McManus*, John O’Donoghue, Batt O’Keeffe*, Seán Power, Eoin Ryan, Róisín Shortall and Eamon Walsh.

3. Maintenance Bill, 1994.

The Committee took the Bill into consideration.

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Austin Deasy, Helen Keogh, Liz Mc Manus and Batt O’Keeffe substituted for Deputies Godfrey Timmins, Peadar Clohessy, Eamon Gilmore and Brian Lenihan respectively; and Deputy Michael Ahern substituted for Deputy Ben Briscoe (for part of the meeting).

(i) Sections 1 and 2 agreed to.

(ii) Section 3.

Amendment proposed (Minister for Equality and Law Reform):

“In page 3, subsection (1), between lines 23 and 24, to insert the following definition:

‘ “the Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act, 1976;’.”

Amendment agreed to.

Section, as amended, agreed to.

(iii) Section 4.

Amendment proposed (Minister for Equality and Law Reform):

“In page 4, lines 31 to 36, to delete subsection (2) and substitute the following:

‘(2) (a)For the purposes of section 8 of the Enforcement of Court Orders Act, 1940, of the Acts of 1976, 1988 and 1993 (as amended by this Act) and of this Act the Central Authority shall have authority to act on behalf of, as the case may be, a maintenance creditor or claimant, within the meaning of section 13 (1), and references in those enactments to a maintenance creditor or claimant shall be construed as including references to the Central Authority.

(b)Where the Central Authority so acts, payments of maintenance shall be made directly to the maintenance creditor or claimant unless the Central Authority requests that they be made to a public authority in the jurisdiction where the maintanance creditor or claimant resides.’.”

Amendment agreed to.

Section, as amended, agreed to.

(iv) Section 5 agreed to.

(v) Section 6.

Amendment proposed (Minister for Equality and Law Reform):

“In page 5, subsection (1), line 4, after ‘1993’ to insert ‘and a reference to an Article of that Convention shall be construed as including a reference to the corresponding Article of the Lugano Convention’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 5, subsection (1), between lines 11 and 12, to insert the following definition:

‘ “the Lugano Convention” has the meaning assigned to it by the Act of 1993;’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 5, subsection (1), line 16, to delete ‘the Act of 1993), or any part of such a state,’ and substitute ‘the Acts of 1988 and 1993)’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 5, subsection (2) (a), lines 26 and 27, to delete ‘the Act of 1993), or any part of such a state,’ and substitute ‘the Acts of 1988 and 1993)’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 5, subsection (2) (b), line 30, to delete ‘, or part of a state,’.”

Amendment agreed to.

Section, as amended, agreed to.

(vi) Section 7.

Amendment proposed (Minister for Equality and Law Reform):

“In page 6, subsection (2), lines 5 and 6, to delete ‘(as defined by the Act of 1993)’.”

Amendment agreed to.

Section, as amended, agreed to.

(vii) Sections 8 and 9 agreed to.

(viii) Section 10.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, line 46, to delete ‘of the 1968 Convention’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 8, line 27, to delete ‘of the 1968 Convention’.”

Amendment agreed to.

Section, as amended, agreed to.

(ix) Section 11.

Amendment proposed (Minister for Equality and Law Reform):

“In page 8, lines 41 and 42, to delete ‘of the 1968 Convention’.”

Amendment agreed to.

Section, as amended, agreed to.

(x) Section 12 agreed to.

(xi) Section 13.

Amendment proposed (Minister for Equality and Law Reform):

“In page 11, subsection (1), lines 4 and 5, to delete the definition of ‘the Act of 1976’.”

Amendment agreed to.

Section, as amended, agreed to.

(xii) Section 14.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (1) (a), line 11, to delete ‘the Act of 1993’ and substitute ‘the Acts of 1988 and 1993’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (1) (a), line 14, to delete ‘section 7 shall apply accordingly’ and substitute ‘Part II and the other provisions of those Acts shall apply accordingly, with any necessary modifications’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (2) (b), line 36, to delete ‘the said section 7’ and substitute ‘sections 6, 7 and 8 of that Act’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (3), line 39, to delete ‘or 5A’ and substitute ‘or section 5A or 21 A’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, subsection (8), line 38, to delete ‘subsection (1) (b)’ and substitute ‘subsection (1) (c)’.”

Amendment agreed to.

Section, as amended, agreed to.

(xiii) Section 15 agreed to.

(xiv) Section 16.

Amendment proposed (Minister for Equality and Law Reform):

“In page 15, paragraph (c), line 27, after ‘evidence’ to insert ‘that the order was so made and’.”

Amendment agreed to.

Section, as amended, agreed to.

(xv) Sections 17 to 20, inclusive, agreed to.

(xvi) Section 21.

Amendment proposed (Minister for Equality and Law Reform):

“In page 18, subsection (2) (b), line 34, to delete ‘to be’.”

Amendment agreed to.

Section, as amended, agreed to.

(xvii) Sections 22 to 25, inclusive, agreed to.

(xviii) First Schedule.

Amendment proposed (Minister for Equality and Law Reform):

“In page 24, to delete lines 3 and 4.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 24, line 5, before ‘In’ to insert ‘Done at Rome on the sixth day of November in the year one thousand nine hundred and ninety,’.”

Amendment agreed to.

Schedule, as amended, agreed to.

(xix) Second Schedule agreed to.

(xx) Title agreed to.

4. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

5. Conclusion of Business.

The Committee concluded its consideration of the Bill at 12.35 p.m.

(c) Estimates for the Public Services (1993)

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé hAoine, 7 Bealtaine, 1993.

Friday, 7 May, 1993.

1. The Select Committee met at 10.30 a.m.

2. Members Present.

The following Members were present:

Deputy Wallace (in the Chair), the Minister for Defence, David Andrews, Deputies Dermot Ahern, Barrett, Briscoe, John Browne (Carlow-Kilkenny), Callely, Carey, Clohessy, Collins, De Valera, Liam Fitzgerald, Foley, Gregory, Kemmy, Lenihan, Derek McDowell, Gay Mitchell, Jim O’Keeffe, Power, Eoin Ryan, John Ryan, Shatter, Shortall, Timmins and Eamon Walsh.

The following Deputies were present in accordance with paragraph (9) of the Orders of Reference: Proinsias De Rossa, Seán Kenny and Liz O’Donnell [in substitution for Deputies Eamon Gilmore, John Mulvihill and Mary Harney respectively].

Deputy Noel Dempsey (Minister of State at the Department of Defence) was presentin accordance with paragraph (16) of the Orders of Reference.

3. Estimates for the Public Service

The Select Committee considered Estimates for the Public Service for the Year ending 31 December, 1993 in respect of:—

Vote 36 (Defence)

Vote 37 (Army Pensions)

4. Meeting Suspended

Ordered: That the Meeting be now suspended until 2 p.m.

The Meeting was accordingly suspended at 1 p.m.

The Meeting resumed at 2 p.m.

5. Adjournment

The Select Committee adjourned at 3.57 p.m.

Dé hAoine, 14 Bealtaine, 1993

Friday, 14 May, 1993

1. The Select Committee met at 10.30 a.m.

2. Members Present.

The following Members were present:

Deputy Wallace (in the Chair), Minister for Equality and Law Reform, Deputies Barrett, Briscoe, John Browne (Carlow-Kilkenny), Callely, Carey, Collins, Liam Fitzgerald, Foley, Harney, Kemmy, Lenihan, Derek McDowell, Gay Mitchell, O’Donoghue, Power, Eoin Ryan, Shatter, Shortall, Timmins and Eamon Walsh.

The following Deputies were present in accordance with paragraph (9) of the Orders of Reference : Joe Costello, Liz McManus and Liz O’Donnell [in substitution for Deputies John Mulvihill, Eamon Gilmore and Peadar Clohessy respectively].

3. Estimate for the Public Service

The Select Committee considered an Estimate for the Public Service for the Year ending 31 December, 1993 in respect of:—

Vote 33 (Office of the Minister for Equality and Law Reform)

4. Adjournment.

The Select Committee met at 1.47 p.m.

REPORT OF THE COMMITTEE

The Select Committee has considered the Estimates for Public Services (1993) for the following Departments: Defence, Equality and Law Reform, and Justice and

all other Estimates relevant to these Departments. The Estimates are hereby reported to Dáil Éireann.

(Signed) DAN WALLACE,

Chairman.

21st May, 1993

Dé hAoine, 21 Bealtaine, 1993

Friday, 21 May, 1993

1. The Select Committee met at 10 a.m.

2. Members Present.

The following Members were present:

Deputy Wallace (in the Chair), Minister for Justice, Deputies Dermot Ahern, Barrett, Briscoe, John Browne (Carlow-Kilkenny), Callely, Collins, De Valera, Liam Fitzgerald, Foley, Gilmore, Gregory, Harney, Harte, Lenihan, Mulvihill, Eoin Ryan, John Ryan, Shatter, Timmins and Eamon Walsh.

The following Deputies were present in accordance with paragraph (9) of the Orders of Reference : Noel Ahern, Richard Bruton, and Bernard Durkan [in substitution for Deputies John O’Donoghue, Donal Carey and Seán Power respectively].

3. Estimates for the Public Service

The Select Committee considered Estimates for the Public Service for the Year ending 31 December, 1993 in respect of:—

Vote 19 (Office of the Minister for Justice)

Vote 20 (Garda Síochána)

Vote 21 (Prisons)

Vote 22 (Courts)

Vote 23 (Land Registry and Registry of Deeds)

Vote 24 (Charitable Donations and Bequests)

4. Meeting Suspended

Ordered: That the Meeting be now suspended until 2.10 p.m.

The Meeting was accordingly suspended at 1.10 p.m.

The Meeting resumed at 2.10 p.m.

5. Report of the Committee

The Chairman brought forward a Draft Report which was read as follows:

“The Select Committee has considered the Estimates for Public Services (1993) for the following Departments: Defence, Equality and Law Reform, and Justice and all other Estimates relevant to these Departments. The Estimates are hereby reported to Dáil Éireann.”

Draft Report agreed to.

Ordered: to report accordingly.

6. Adjournment

The Select Committee adjourned at 4 p.m.

Supplementary Estimates for the Public Services (1993)

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

REPORT OF THE COMMITTEE

The Select Committee has considered the Supplementary Estimate for the Department of Equality and Law Reform. The Supplementary Estimate is hereby reported to the Dáil.

(Signed) DAN WALLACE,

Chairman.

25th November, 1993.

Déardaoin, 25 Samhain 1993

Thursday, 25 November, 1993

1. The Select Committee met at 11.30 a.m.

2. Members Present.

The following Members were present:

Deputy Wallace (in the Chair), Minister for Equality and Law Reform, Deputies Briscoe, John Browne (Carlow-Kilkenny), Callely, Clohessy, de Valera, Liam Fitzgerald, Foley, Mulvihill, O’Donoghue, Jim O’Keeffe, Shatter and Eamon Walsh.

The following Deputies were present in accordance with paragraph (9) of the Orders of Reference: Brian Fitzgerald, Helen Keogh and Breda Moynihan-Cronin [in substitution for Deputies Róisín Shortall, Mary Harney and Jim Kemmy respectively]; Liz McManus and Pat Rabbitte [in part substitution for Deputy Eamon Gilmore].

3. Supplementary Estimate for the Public Service.

The Select Committee considered a Supplementary Estimate for the Public Service for the Year ending 31 December, 1993 in respect of:—

Vote 33 (Office of the Minister for Equality and Law Reform)

4. Report of the Committee.

“The Select Committee has considered the Supplementary Estimate for the Department of Equality and Law Reform. The Supplementary Estimate is hereby reported to the Dáil.

Draft Report agreed to.

Ordered: to report accordingly.

5. Adjournment.

The Select Committee adjourned at 1.30 p.m.

REPORT OF THE COMMITTEE

The Select Committee has considered the Supplementary Estimate for the Office

of the Minister for Justice and the Supplementary Estimate for the Garda Síochána. The Supplementary Estimates are hereby reported to the Dáil.

(Signed) DAN WALLACE,

Chairman.

15th December, 1993.

Déardaoin, 15 Nollaig, 1993

Thursday, 15 Nollaig, 1993

1. The Select Committee met at 2.36 p.m.

2. Members Present.

The following Members were present:

Deputy Wallace (in the Chair), Deputies O’Dea (Minister of State at the Department of Justice), John Browne (Carlow-Kilkenny), Callely, Clohessy, Foley, Gay Mitchell, Mulvihill, O’Donnell, Power, Eoin Ryan, John Ryan and Eamon Walsh.

Deputy Michael Ahern was present in accordance with paragraph (9) of the Orders of Reference [in substitution for Dermot Ahern].

3. Supplementary Estimates for the Public Service.

The Select Committee considered Supplementary Estimates for the Public Service for the Year ending 31 December, 1993 in respect of:—

Vote 19 (Office of the Minister for Justice)

Vote 20 (Garda Síochána)

4. Report of the Committee.

The Select Committee has considered the Supplementary Estimate for the Office of the Minister for Justice and the Supplementary Estimate for the Garda Síochána. The Supplementary Estimates are hereby reported to the Dáil.

Draft Report agreed to.

Ordered: to report accordingly.

5. Adjournment.

The Select Committee adjourned at 3.30 p.m.

(d) Estimates for the Public Service (1994)

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé Máirt, 17 Bealtaine, 1994

Tuesday, 17th May, 1994

1. The Select Committee met at 2 .07 p.m.

2. Members Present.

The following Members were present:

Deputy Dan Wallace (in the Chair), the Minister for Defence, Deputy David Andrews, Deputies Briscoe, Browne (Carlow-Kilkenny), Callely, Carey, Clohessy, Liam Fitzgerald, Foley, Lenihan, Mulvihill, Jim O’Keeffe, Power and Eamon Walsh.

The following Deputies were present in accordance with paragraph (9) of the Orders of Reference: Paul Bradford and Proinsias De Rossa [in substitution for Deputies Seán Barrett and Eamon Gilmore respecively].

Deputy Noel Dempsey (Minister of State at the Department of Defence) was present in accordance with paragraph (16) of the Orders of Reference.

3. Estimates for the Public Service.

The Select Committee considered Estimates for the Public Service for the year ending 31 December, 1994 in respect of:—

Vote 36 (Defence)

Vote 37 (Army Pensions)

4. Adjournment.

The Select Committee adjourned at 4.30 p.m.

Déardaoin, 2 Meitheamh, 1994

Thursday, 2 June, 1994

1. The Select Committee met at 11.02 a.m.

2. Members Present.

The following Members were present:

Deputy Dan Wallace, (in the Chair), the Minister for Justice, Deputy Máire Geoghegan-Quinn, Deputies Browne (Carlow-Kilkenny), Callely, Liam Fitzgerald, Foley, Harte, Lenihan, Gay Mitchell, O’Donnell, Power, Eoin Ryan and Walsh.

The following Deputies were present in accordance with paragraph (9) of the Orders of Reference: Michael Ahern, Ray Burke, John Ellis, Frances Fitzgerald, Seán Kenny, Liam Lawlor and Michael McDowell [in substitution for Deputies

John O’Donoghue, Síle DeValera, Gerard Collins, Seán Barrett, John Mulvihill, Ben Briscoe and Peadar Clohessy respectively]; Jim McDaid and Brendan Smith [in part substitution for Deputy Dermot Ahern]; Chris Flood and Brendan Kenneally [in part substitution for Deputy Denis Foley] and Tom Moffat [in part substitution for Deputy Brian Lenihan].

3. Estimates for the Public Service.

The Select Committee considered Estimates for the Public Service for the year ending 31 December, 1994 in respect of:—

Vote 19 (Office of the Minister for Justice),

Vote 20 (Garda Síochána)

Vote 21 (Prisons)

Vote 22 (Courts)

Vote 23 (Land Registry and Registry of Deeds)

Vote 24 (Charitable Donations and Bequests)

4. Meeting Suspended.

Ordered: That the meeting be now suspended until 2.25 p.m.

The meeting was accordingly suspended at 1.25 p.m.

The meeting resumed at 2.25 p.m.

5. Adjournment.

The Select Committee adjourned at 3.56 p.m.

REPORT OF THE COMMITTEE

The Select Committee has considered the Estimates for Public Services for 1994 for the following Departments: the Offices of the Minister for Justice, Equality and Law Reform, Defence and all other Estimates relevant to these Departments. The Estimates are hereby reported to the Dáil.

(Signed) DAN WALLACE,

Chairman.

15th June, 1994.

Dé Céadaoin, 15 Meitheamh, 1994

Wednesday, 15 June, 1994

1. The Select Committee met at 11.08 a.m.

2. Members Present.

The following Members were present:

Deputy Dan Wallace (in the Chair), Deputy Mervyn Taylor, Minister for Equality and Law Reform, Deputies Dermot Ahern, John Browne (Carlow-Kilkenny), Callely, Foley, O’Donoghue, Jim O’Keeffe, Shatter and Eamon Walsh.

The following Deputies were present in accordance with paragraph (9) of the Orders of Reference: Austin Currie and Helen Keogh (in substitution for Deputies Seán Barrett and Liz O’Donnell respectively.)

3. Estimates for the Public Service.

The Select Committee considered Estimates for the Public Service for the year ending 31 December, 1994 in respect of:—

Vote 33 (Office of the Minister for Equality and Law Reform)

4. Report of the Committee.

The Chairman brought forward a Draft Report which was read as follows:

“The Select Committee has considered the Estimates for Public Services for 1994 for the following Departments: the Offices of the Minister for Justice, Equality and Law Reform, Defence and all other Estimates relevant to these Departments. The Estimates are hereby reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

5. Adjournment.

The Select Committee adjourned at 12.50 p.m.

(e) Report of the Select Committee of 7 December, 1994, to Dáil Éireann

The Committee report as follows:

1. The Committee met at 10.30 a.m. in the Dáil Chamber on 7th December, 1994.

2. The Committee deemed it appropriate to question the following persons:

The Attorney General, Mr. Eoghan Fitzsimons S.C.;

Mr. Harold Whelehan;

Mr. Matthew Russell, Senior Legal Assistant, Office of the Attorney General;

Mr. James Hamilton, Legal Assistant, Office of the Attorney General;

The Research Officer in Office of the Attorney General who located the Duggan Case.

The Secretary of the Department of Justice;

The Commissioner of the Garda Síochána;

The Members of the Government in the order in which they made statements in the Dáil on Tuesday December 6th, 1994;

The Government Chief Whip;

Members of the Labour who recently resigned from the Government; and

Dr. Martin Mansergh, Advisor, Department of the Taoiseach.

The Committee also agreed that it might call other witnesses if necessary.

3. The Attorney General appeared before the Commitee subsequently and informed the Committee that he would not be in a position to answer questions to the Committee in the absence of certain undertakings by the Government and absolute privilege.

4. The Committee subsequently requested the attendance of the Taoiseach to inform the Committee of the Government’s response to the Attorney General’s requests. The Taoiseach appeared before the Committee at 2.15 p.m. He confirmed the Government’s agreement to meet the undertakings requested by the Attorney General.

5. Following discussion, the Committee concluded that it is unable to proceed further with examination of witnesses who are not Members of the Oireachtas prior to the enactment of legislation to provide for absolute privilege for witnesses appearing before the Committee.

Signed

Dan Wallace T.D.

Chairman of the Select Committee.

7 December 1994.

(f) Proceedings of Meeting of Select Committee of 15 December, 1994, to Appoint a sub-Committee and Nominate Members Thereto

1. The Select Committee met at 8 p.m. in the Seanad Chamber.

2. Members Present

The following Members were present: Deputies Dan Wallace (in the Chair), Dermot Ahern, John Browne (Carlow-Kilkenny), Ivor Callely, Donal Carey, Gerry Collins, Austin Currie*, Síle de Valera, Michael Ferris*, Liam Fitzgerald, Denis Foley, Tony Gregory, Paddy Harte, Jim Leonard*, Jim McDaid*, Gay Mitchell, John Mulvihill, Willie O’Dea*, Liz O’Donnell, John O’Donoghue, Jim O’Keeffe, Des O’Malley*, Seán Power and Eamon Walsh.

3. Appointment of sub-Committee

The Select Committee appointed a sub-Committee in accordance with the Orders of Dáil Éireann and Section 4 (1) and (2) of the Select Committee on Legislation and Security of Dáil Éireann (Privilege and Immunity) Act, 1994, to consider the matters referred to in the Orders of Dáil Éireann of 15 December, 1994.

4. Nomination of Members to sub-Committee

The following members were nominated to the sub-Committee in accordance with the Orders of the Dáil of 15 December, 1994:

Deputies Ivor Calley, Dermot Ahern, John O’Donoghue, Dan Wallace (Chairman) and Willie O’Dea for the Fianna Fáil party; Deputies John Browne, Jim O’Keeffe and Donal Carey for the Fine Gael party; Deputies Derek McDowell and Eamon Walsh for the Labour Party; Deputy Des O’Malley for the Progressive Democrat party and Deputy Tony Gregory for the Independent group. The Select Committee agreed that the Democratic Left party should forward the name of the member to represent them on the sub-Committee to the secretariat.

5. Adjournment

The Select Committee adjournment at 8.10 p.m.

* In substitution for Deputies Séan Barrett, Roisin Shortall, Brian Lenihan, Eoin Ryan, Ben Briscoe and Peadar Clohessy respectively in accordance with Paragraph 9 of the Orders of Reference of the Select Committee.