I want to make a point about conditions of employment for people being transferred to the bureau in section 8, which gives these powers to the Minister. Are there provisions for civil servants of Departments other than the Department of Social Welfare to be transferred to the bureau? It might be necessary on some occasions to transfer officials from the Department of Enterprise and Employment with expertise in company law to become officers of the bureau. Section 8 only refers to officers of the Revenue Commissioners or the Minister for Social Welfare. That seems to unnecessarily exclude civil servants from other Departments. I am sure it could be solved by transferring civil servants to the Department of Social Welfare and thereafter to the bureau.
SECTION 14.
This is provided for in the legislation. I refer the Deputy to section 9 (1) (b) which gives the Minister the power to assign a person from within the Civil Service or anywhere else. It states: "The Minister may, with the consent of the Minister for Finance and after such consultation as may be appropriate with the Commissioner, appoint such, or such number of persons to be professional or technical members of the staff of the Bureau, other than the bureau legal officer, and any such member will assist the bureau officers in the exercise and performance of their powers and duties." If we are looking for a person outside the existing pool of employment, the Minister for Justice can, with the consent of the Minister for Finance, appoint such a person.
I understand how that could relate to bringing in accountants, legal experts etc. from the outside. What I am talking about are ordinary civil servants in the Revenue Commissioners or the Department of Social Welfare or non-civil servants.
One could bring them in under this provision. It is inclusive. It does not distinguish between civil or non-civil servants. It applies to anybody.
Chairman
Does the protection of officers extend to those officers?
Yes.
I move amendment No. 6:
In page 13, before section 19, to insert the following new section:
"19.—Section 19A (inserted by the Disclosure of Certain Information for Taxation and Other Purposes Act, 1996) of the Finance Act, 1983, is hereby amended in subsection (3), by the substitution of the following for paragraph (a):
(a) where, for the purposes of exercising or performing his or her powers or duties under the Revenue Acts in pursuance of the functions of the body, an authorised officer may, apart from this section, be required to produce or show any written authority or warrant of appointment under those Acts or otherwise to identify himself or herself, the authorised officer shall—
(i) not be required to show any such authority or warrant of appointment or to so identify himself or herself, for the purposes of exercising or performing his or her powers or duties under those Acts, and
(ii) be accompanied by a member of the Garda Síochána who shall, on request, by a person affected identify himself or herself as a member of the Garda Síochána and shall state that he or she is accompanied by an authorised officer,'.".
I move the following amendment to amendment No. 6:
In subparagraph (i), after "not be required to" to insert "produce or".
I move amendment No. 7:
In page 3, line 9, after "FUNCTIONS" to insert "AND TO AMEND THE FINANCE ACT, 1983,".
Chairman
I propose the following draft report:
The Select Committee has considered the Bill and has made amendments thereto and has amended the Title to read as follows: "AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE CRIMINAL ASSETS BUREAU AND TO DEFINE ITS FUNCTIONS AND TO AMEND THE FINANCE ACT, 1993, AND TO PROVIDE FOR RELATED MATTERS."
The Bill, as amended, is reported to the Dáil.
Report agreed to.
Ordered to report to the Dáil accordingly.
I thank the committee for its co-operation and speedy response to this measure. It may be necessary for us to bring forward some further technical amendments on Report Stage and we will circulate those as quickly as possible with whatever briefing notes or supplementary text is required. Subject to the agreement of the Whips, I understand it is intended to take Report Stage after 8.30 p.m. when the Dáil resumes on 25 September. We are very anxious, for the reasons stated earlier, to have this enacted as quickly as possible. The intention would be to have Report Stage between 8.30 p.m. and 10 p.m., again subject to the agreement of the Whips, and it will then proceed to the Seanad the following week.
The Select Committee adjourned at 12.30 p.m.