Criminal Justice (Theft and Fraud Offences) (Amendment) Bill 2020: Committee and Remaining Stages

Sections 1 to 4, inclusive, agreed to.
SECTION 5

Amendments Nos. 1 and 2 are related, and may be discussed together by agreement.

Government amendment No. 1:
In page 5, between lines 30 and 31, to insert the following:
“(6)A person guilty of an offence under subsection (1) is liable on conviction on indictment to a fine.”

The purpose of amendment No. 1 is to include a penalty provision in respect of section 5(1). This penalty is an unlimited fine on the basis that only a body corporate can commit the offence, a reference to a penalty of imprisonment would not be appropriate. Amendment No. 2 is a renumbering amendment which arises from the insertion of the subsection.

Amendment agreed to.
Government amendment No. 2:
In page 5, line 31, to delete “(6) In” and substitute “(7) In”.
Amendment agreed to.
Section 5, as amended, agreed to.
SECTION 6
Government amendment No. 3:
In page 6, lines 6 to 13, to delete all words from and including “Section” in line 6 down to and including line 13 and substitute the following:
“Section 45 of the Principal Act is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) An Irish citizen who engages in conduct in a place outside the State that, if engaged in in the State, would constitute an offence under section 42, 42A or 42B, or would constitute an offence of inciting, aiding and abetting, or attempting the commission of such an offence, shall be guilty of an offence.”,
(b) by the insertion of the following subsection:
“(1A) A—
(a) company formed and registered under the Companies Act 2014, an existing company within the meaning of that Act, or any other body corporate established under the law of the State, or
(b) person who has had his or her principal residence in the State for the period of 12 months immediately preceding the doing of the act concerned,
who engages in conduct in a place outside the State that, if done in the State, would constitute—
(i) an offence under section 42, 42A or 42B, or
(ii) an offence of inciting, aiding and abetting, or attempting the commission of an offence referred to in paragraph (i),
shall be guilty of an offence.”,
and
(c) by the substitution of the following subsection for subsection (3):
“(3) A person guilty of an offence under this section is liable on conviction to the penalty to which the person would have been liable had the person engaged in the conduct that constitutes the offence in the State.”.”.
Amendment agreed to.
Section 6, as amended, agreed to.
Sections 7 to 9, inclusive, agreed to.
NEW SECTIONS

Amendments Nos. 4 and 5 are related and will be discussed together by agreement.

Government amendment No. 4:
In page 6, between lines 26 and 27, to insert the following:
“Amendment of Criminal Justice Act 2011
10. The Criminal Justice Act 2011 is amended, in paragraph 23 of Schedule 1, by the insertion of “42A,” after “42,”.”.
Amendment agreed to.
Government amendment No. 5:
In page 6, between lines 26 and 27, to insert the following:
“Amendment of European Union (Passenger Name Record Data) Regulations 2018
11. The European Union (Passenger Name Record Data) Regulations 2018 (S.I. No. 177 of 2018) are amended, in paragraph 7 of Schedule 2, by the insertion of “42A,” after “42,” in the list of sections of the Principal Act.”.
Amendment agreed to.
SECTION 10

Amendments Nos. 6 and 7 are related and may be discussed together by agreement.

Government amendment No. 6:
In page 6, line 31, to delete “and”.
Amendment agreed to.
Section 10, as amended, agreed to.
SECTION 11
Government amendment No. 7:
In page 7, lines 6 and 7, to delete “and Equality”.
Amendment agreed to.
Section 11, as amended, agreed to.
Schedule agreed to.
TITLE
Government amendment No. 8:
In page 3, line 9, to delete “the Criminal Justice Act 1994” and substitute “other enactments”.
Amendment agreed to.
Title, as amended, agreed to.
Bill reported with amendments.

When is it proposed to take Report Stage?

Bill, as amended, received for final consideration.

When is it proposed to take Fifth Stage?

Question, "That the Bill do now pass", put and agreed to.
Sitting suspended at 5.27 p.m. and resumed at 6 p.m.