Select Committee on Legislation and Security debate -
Wednesday, 19 Jan 1994

SECTION 5.

Mr. G. Mitchell

I move amendment No. 8:

In page 12, subsection (2), line 15, after "shall," to insert "subject to the provisions of section 4 (6),".

The effect of this amendment in the process of assessing the proceeds of drug trafficking is to include the same provision that is included in section 4. The objective is to introduce the provision is section 4 on the balance of probabilities, to allow the court, for the purposes of determining whether the defendant has benefited from drug trafficking, to assess the value of his proceeds of drug trafficking. That would be a beneficial inclusion in the Bill. The court, in arriving at its decision, should not need absolute proof. If the court of law on the evidence, thinks that the balance of probabilities is that somebody has benefited from drug trafficking, then in assessing the proceeds of drug trafficking, it should have the same openness to judgment as it has in section 4. Accordingly, I propose that this amendment be incorporated into the Bill.

Mrs. Geoghegan-Quinn

Section 4 (6) to which the amendment refers sets out the standard of proof required to determine any question arising under the Bill including, among other things, the amount to be recovered by virtue of that section. That is the standard used in civil proceedings; that is the balance of probabilities.

Section 5 which is sought to be amended deals with the question of assessing the proceeds of drug trafficking in the context of making a confiscation order under section 4. Accordingly, it seems clear that section 4 (6) already applies to it and is already doing what the amendment proposes to do now. Therefore, the Deputy's amendment would be unnecessary. If Deputy Mitchell wishes, I would be happy to discuss what he is proposing with the draftsman between now and Report Stage.

Amendment, by leave, withdrawn.

Section 5 agreed to.