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JOINT COMMITTEE ON JUSTICE, EQUALITY, DEFENCE AND WOMEN'S RIGHTS debate -
Wednesday, 26 May 2004

Messages to Dáil and Seanad.

In accordance with Standing Order 85 the following message will be sent to the Dáil:

The Joint Committee on Justice, Equality, Defence and Women's Rights has completed its consideration of the following motions:

That Dáil Éireann approve the exercise by the State of the option of discretion provided by Article 1.11 of the Treaty of Amsterdam to take part in the adoption of the following proposed measure: a proposal for a Council framework decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, a copy of which proposed measure was laid before Dáil Éireann on 18 February 2004, and the analogous Seanad Éireann order;

That Dáil Éireann approves the exercise by the State of the option of discretion provided by Article 1.11 of the Treaty of Amsterdam to take part in the adoption of the following proposed measure: a proposal for a Council framework decision on the application of the principle of mutual recognition of two confiscation orders, a copy of which proposed measure was laid before Dáil Éireann on 18 May 2004, and the analogous Seanad Éireann order;

That Dáil Éireann approve in accordance with Article 29.4.6o of Bunreacht na hÉireann the exercise by the State of the option provided by Article 3 of the fourth protocol set out in the Treaty of Amsterdam to notify the President of the Council of the European Union that it wishes to take part in the adoption and application of the following proposed measure: a proposal for a regulation of the European Parliament and the Council creating a European order for payment procedure a copy of which proposed measure was laid before Dáil Éireann on 8 April 2004, and the analogous Seanad Éireann order;

That Dáil Éireann approve the exercise by the State of the option or discretion provided by Article 1.11 of the Treaty of Amsterdam to take part in the adoption of the following proposed measure: a proposal for a Council framework decision on a tax against information systems, and the analogous Seanad Éireann order.

In accordance with Standing Order 67 the following message will be sent to the Seanad:

That Dáil Éireann approve the exercise by the State of the option of discretion provided by Article 1.11 of the Treaty of Amsterdam to take part in the adoption of the following proposed measure: a proposal for a Council framework decision laying down minimum provisions on the constituent elements of criminal acts and penalties the field of illicit drug trafficking, a copy of which proposed measure was laid before Dáil Éireann on 18 February 2004, and the analogous Seanad Éireann order;

That Dáil Éireann approves the exercise by the State of the option of discretion provided by Article 1.11 of the Treaty of Amsterdam to take part in the adoption of the following proposed measure: a proposal for a Council framework decision on the application of the principle of mutual recognition of two confiscation orders, a copy of which proposed measure was laid before Dáil Éireann on 18 May 2004, and the analogous Seanad Éireann order;

That Dáil Éireann approve in accordance with Article 29.4.6° of Bunreacht na hÉireann the exercise by the State of the option provided by Article 3 of the fourth protocol set out in the Treaty of Amsterdam to notify the President of the Council of the European Union that it wishes to take part in the adoption and application of the following proposed measure: a proposal for a regulation of the European Parliament and the Council creating a European order for payment procedure a copy of which proposed measure was laid before Dáil Éireann on 8 April 2004, and the analogous Seanad Éireann order;

That Dáil Éireann approve the exercise by the State of the option or discretion provided by Article 1.11 of the Treaty of Amsterdam to take part in the adoption of the following proposed measure: a proposal for a Council framework decision on a tax against information systems, and the analogous Seanad Éireann order.

Members have been circulated with copies of the draft reports. Has the committee any views on whether there should be further debate on the motions in the Dáil? I take it therefore that the joint committee recommends there should be no further debate on these motions by the Seanad or Dáil Éireann. Is that agreed? Agreed.

Is there an arcane dispute between the committee and the House about transmission of reports? I understand there is some wrinkle or problem. Can we resolve it?

It is not so much that there is a problem. There is a conundrum on which the Whips are coming round to some agreement. Agreement should take place and it would help the committee if we went along with it. As matters develop I will inform the committee.

I shall leave it in the Chairman's hands.

I forgot to mention that the two countries that had parliamentary scrutiny reservations were Sweden and Denmark, and those reservations were purely procedural.

I thank the Minister and his officials for their attendance. I apologise for the committee's delay in getting to all of the motions.

The joint committee went into private session at 7.15 p.m. and adjourned at 7.18 p.m. sine die.

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