This section deals with the major offence of a person carrying out or causing to carry out a nuclear explosion in or outside the State or who attempts, conspires or incites the carrying out of this offence. It carries the penalty of a fine with no maximum limit and imprisonment for life or less as the court may determine or both. This insertion has been advised by Parliamentary Counsel as an appropriate clarification that the offence is an indictable one.
Nuclear Test Ban Bill 2006: From the Seanad.
Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael P. Kitt)
I indicated on Report Stage in this House that I would address the circumstances raised by Members on both sides of the House and bring forward an amendment on Committee Stage in the Seanad. This section prohibits the disclosure of information except in specified circumstances. It will be for the prosecuting authorities and the courts to determine this. Depending on the nature and seriousness of the offence, a summary offence carries a fine of up to €5,000 or imprisonment of up to six months or both. An indictable offence carries a fine of up of €50,000 or a maximum of two years imprisonment or both. The fines and prison terms have been advised by Parliamentary Counsel as appropriate for the offences under this section. They are separate offences to the main offence dealt with in section 2. They are deemed to be appropriate and commensurate.
I welcome the amendments. The Minister of State said he would go to the Seanad and rectify the anomalies contained in this Bill. The series of amendments before the House rectify the anomalies pointed out on Committee Stage and on the last occasion the Minister of State was in the House in respect of this matter.
I stated on Report Stage in this House that I would address the circumstances raised by Members on both sides of the House and bring forward an amendment on Committee Stage in the Seanad. This section provides that the making of false or misleading statements or providing false or misleading information to the national and-or international authorities is an offence. It will be for the prosecuting authorities and the courts to determine this. Depending on the nature and seriousness of the offence, a summary offence carries a fine of up to €5,000 or imprisonment of up to six months or both. An indictable offence carries a fine of up to €50,000 or up to two years imprisonment or both. The fines and prison terms have been advised by Parliamentary Counsel as appropriate for the offences under this section. They are separate offences to the main offence dealt with in section 2. They are deemed to be appropriate and commensurate.