I thank the House for facilitating this important legislation and agreeing to the amendments. It is of particular note that this is the first legislation in this jurisdiction which is specifically dedicated to dealing with cybercrime. It is also timely in seeking to protect vital information and communications systems from attack, a reality which was, unfortunately, clearly demonstrated last weekend when 200,000 systems in more than 150 countries were targeted in an unprecedented global cyberattack. The need to safeguard modern systems and their important data is more pressing than ever. We must help to protect individual citizens, businesses and Government structures alike from cybercriminality. The legislation ensures unlawful activities related to information systems are criminalised and that strong penalties are in place to deter and punish offenders. I am sure the legislation will make a very significant difference in combating and prosecuting cybercrime and prove to be of immense benefit to An Garda Síochána in its work in this area. It is, therefore, a very welcome and important addition to the Statute Book. I thank colleagues for their support.
Criminal Justice (Offences Relating to Information Systems) Bill 2016: From the Seanad
The Dáil went into Committee to consider amendments from the Seanad.
Seanad amendment No. 1:
Section 1: In page 3, line 30, to delete “or 6” and substitute “, 6 or 9(1)”.
Seanad amendment agreed to.
Seanad amendment No. 2:
Section 8:
In page 6, line 25, to delete “or 6” and substitute “, 6 or 9(1)”.
Seanad amendment agreed to.
Seanad amendment No. 3:
Section 9:
In page 7, between lines 9 and 10, to insert the following:
“Liability for offences by body corporate, etc.
9. (1) Where a relevant offence (other than an offence under this subsection) is committed for the benefit of a body corporate by a relevant person and the commission of the relevant offence is attributable to the failure, by a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, to exercise, at the time of the commission of the relevant offence and in all the circumstances of the case, the requisite degree of supervision or control of the relevant person, the body corporate shall be guilty of an offence.
(2) In proceedings for an offence under subsection (1), it shall be a defence for a body corporate against which such proceedings are brought to prove that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
(3) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(4) Subsection (1)—
(a) is without prejudice to the other circumstances, under the general law, whereby acts of a natural person are attributed to a body corporate resulting in criminal liability of that body corporate for those acts, and
(b) does not exclude criminal proceedings against natural persons who are involved as perpetrators, inciters or accessories in an offence under this Act.
(5) In this section—
“relevant person”, in relation to a body corporate, means—
(a) a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, or
(b) an employee, subsidiary or agent of the body corporate;
“subsidiary”, in relation to a body corporate, has the meaning it has in the Companies Act 2014.”.
Seanad amendment agreed to.
Seanad amendments reported.