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

SECTION 11.

Mr. G. Mitchell

I move amendment No. 10):

In page 16, subsection (5), line 46, after "years" to insert "save where it appears to the High Court that it would be reasonable in circumstances".

This section deals with the powers of the High Court where a defendant has died, is absent or has absconded. In section 11 (5), the power conferred by subsection (4) of this section may not be exercised at any time before the end of the period of two years. It would be reasonable to allow a certain latitude to the High Court in these circumstnaces and I am proposing that we add in the words "save where it appears to the High Court that it would be reasonable in the circumstances".

Mrs. Geoghegan-Quinn

Where a person had absconded measures could be taken to restrain his assets for the purposes of a subsequent confiscation order being made, but I can see the merit in what Deputy Mitchell is proposing in giving the courts discretion to make such an order before two years have elapsed and I am prepared to accept his amendment.

Mr. G. Mitchell

Thank you, Minister.

Amendment agreed to.

Section 11, as amended, agreed to.

Sections 12 to 14, inclusive, agreed to.