Criminal Justice (Terrorist Offences) Act 2005

Number 2 of 2005

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005

ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

PART 2

Suppression of Terrorist Groups and Terrorist Offences

PART 3

Suppression of Hostage-Taking, Terrorist Bombing and Crimes Against Internationally Protected Persons.

PART 4

Suppression of Financing of Terrorism

PART 5

Miscellaneous Matters

PART 6

Amendment of Other Acts

PART 7

Communications Data

PART 8

European Arrest Warrant.

SCHEDULE 1

Council Framework Decision of 13 June 2002 on Combating Terrorism

PART 1

PART 2

SCHEDULE 2

Offences for Purposes of Definitions of “Terrorist Activity” and “Terrorist-Linked Activity”

PART 1

PART 2

PART 3

SCHEDULE 3

International Convention Against the Taking of Hostages

SCHEDULE 4

Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents

SCHEDULE 5

International Convention for the Suppression of Terrorist Bombings

SCHEDULE 6

Offences Against Internationally Protected Persons

PART 1

PART 2

SCHEDULE 7

International Convention for the Suppression of the Financing of Terrorism

Number 2 of 2005

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005

AN ACT TO ENABLE THE STATE TO MEET COMMITMENTS UNDERTAKEN AS PART OF THE INTERNATIONAL COMMUNITY, TO AMEND THE OFFENCES AGAINST THE STATE ACTS 1939 TO 1998 AND THE EUROPEAN ARREST WARRANT ACT 2003, AND TO MAKE PROVISION FOR RELATED MATTERS, INCLUDING THE RETENTION OF COMMUNICATIONS DATA.

[8th March, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary Matters

Short title.

1.—This Act may be cited as the Criminal Justice (Terrorist Offences) Act 2005.

Commencement.

2.—Section 32 comes into operation 4 months after the passing of this Act.

Interpretation.

3.—(1) In this Act, except where the context otherwise requires—

“act” includes omission and a reference to the commission or doing of an act includes a reference to the making of an omission;

“Act of 1939” means the Offences against the State Act 1939 ;

“Act of 1965” means the Extradition Act 1965 ;

“Act of 1985” means the Offences against the State (Amendment) Act 1985 ;

“Act of 1994” means the Criminal Justice Act 1994 ;

“Act of 1996” means the Proceeds of Crime Act 1996 ;

“Act of 1998” means the Offences against the State (Amendment) Act 1998 ;

“Act of 2003” means the European Arrest Warrant Act 2003 ;

“Irish ship” has the same meaning as in section 9 of the Mercantile Marine Act 1955 ;

“Minister” means Minister for Justice, Equality and Law Reform;

“ship” includes any vessel used in navigation.

(2) In this Act a reference to a state includes a reference to the sub-sovereign entities of the state.

(3) A person who has his or her principal residence in the State for the 12 months immediately preceding the commission of an act referred to in section 6 (2), 9 (3), 10 (4) or 13 (6) is, for the purposes of this Act, considered—

(a) if he or she is a stateless person, to be habitually resident in the State on the date of the commission of that act, and

(b) in any other case, to be resident in the State on that date.

(4) In this Act—

(a) a reference to a section, Part or Schedule is to a section or Part of, or a Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any other enactment is to that enactment as amended by or under any other enactment, including this Act, unless the context otherwise requires.

PART 2

Suppression of Terrorist Groups and Terrorist Offences

Definitions for Part 2.

4.—In this Part—

“Framework Decision” means the Framework Decision on Combating Terrorism adopted by the Council of the European Union at Luxembourg on 13 June 2002, the text of which is set out for convenience of reference in—

(a) Part 1 of Schedule 1, in the case of the Irish language text, and

(b) Part 2 of Schedule 1, in the case of the English language text;

“terrorist activity” means an act that is committed in or outside the State and that—

(a) if committed in the State, would constitute an offence specified in Part 1 of Schedule 2 , and

(b) is committed with the intention of—

(i) seriously intimidating a population,

(ii) unduly compelling a government or an international organisation to perform or abstain from performing an act, or

(iii) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a state or an international organisation;

“terrorist group” has the same meaning as in the Framework Decision;

“terrorist-linked activity” means an act—

(a) that is committed in or outside the State and that—

(i) if committed in the State, would constitute an offence specified in Part 2 of Schedule 2 , and

(ii) is committed with a view to engaging in a terrorist activity,

or

(b) that is committed in or outside the State and that—

(i) if committed in the State, would constitute an offence specified in Part 3 of Schedule 2 , and

(ii) is committed with a view to engaging in a terrorist activity or with a view to committing an act that, if committed in the State, would constitute an offence under section 21 or 21A of the Act of 1939.

Terrorist groups.

5.—(1) A terrorist group that engages in, promotes, encourages or advocates the commission, in or outside the State, of a terrorist activity is an unlawful organisation within the meaning and for the purposes of the Offences against the State Acts 1939 to 1998 and section 3 of the Criminal Law Act 1976 .

(2) For the purposes of this Act, the Offences against the State Acts 1939 to 1998 and section 3 of the Criminal Law Act 1976 apply with any necessary modifications and have effect in relation to a terrorist group referred to in subsection (1) as if that group were an organisation referred to in section 18 of the Act of 1939.

(3) Subsections (1) and (2) are not to be taken to be limited by any other provision of this Act that refers to provisions of the Offences against the State Acts 1939 to 1998 or that makes provisions of those Acts applicable in relation to offences under this Act.

(4) Subsections (1) and (2) apply whether the terrorist group is based in or outside the State.

Terrorist offences.

6.—(1) Subject to subsections (2) to (4), a person is guilty of an offence if the person—

(a) in or outside the State—

(i) engages in a terrorist activity or a terrorist-linked activity,

(ii) attempts to engage in a terrorist activity or a terrorist-linked activity, or

(iii) makes a threat to engage in a terrorist activity,

or

(b) commits outside the State an act that, if committed in the State, would constitute—

(i) an offence under section 21 or 21A of the Act of 1939, or

(ii) an offence under section 6 of the Act of 1998.

(2) Subsection (1) applies to an act committed outside the State if the act—

(a) is committed on board an Irish ship,

(b) is committed on an aircraft registered in the State,

(c) is committed by a person who is a citizen of Ireland or is resident in the State,

(d) is committed for the benefit of a legal person established in the State,

(e) is directed against the State or an Irish citizen, or

(f) is directed against—

(i) an institution of the European Union that is based in the State, or

(ii) a body that is based in the State and is set up in accordance with the Treaty establishing the European Community or the Treaty on European Union.

(3) Subsection (1) applies also to an act committed outside the State in circumstances other than those referred to in subsection (2), but in that case the Director of Public Prosecutions may not take, or consent to the taking of, proceedings referred to in section 43 (2) for an offence in respect of that act except as authorised by section 43 (3).

(4) Subsection (1) does not apply in respect of—

(a) the activities of armed forces during an armed conflict insofar as those activities are governed by international humanitarian law, or

(b) the activities of the armed forces of a state in the exercise of their official duties insofar as those activities are governed by other rules of international law.

(5) To avoid doubt, the fact that a person engages in any protest, advocacy or dissent, or engages in any strike, lockout or other industrial action, is not of itself a sufficient basis for inferring that the person is carrying out an act with the intention specified in paragraph (b) of the definition of “terrorist activity” in section 4 .

(6) Where a person is charged with an offence under subsection (1), which in the opinion of the Attorney General was committed in or outside the State with the intention of—

(a) unduly compelling the government of a state (other than a member state of the European Union) to perform or abstain from performing an act, or

(b) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of such a state,

then, notwithstanding anything in this Act, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except with the consent of the Attorney General.

(7) Where in proceedings for the offence of engaging in or attempting to engage in a terrorist activity—

(a) it is proved that the accused person committed or attempted to commit an act—

(i) that constitutes an offence specified in Part 1 of Schedule 2 , or

(ii) that, if committed in the State, would constitute an offence referred to in subparagraph (i),

and

(b) the court is satisfied, having regard to all the circumstances including those specified in subsection (8), that it is reasonable to assume that the act was committed, or the attempt was made, with the intention of—

(i) seriously intimidating a population,

(ii) unduly compelling a government or an international organisation to perform or abstain from performing an act, or

(iii) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a state or an international organisation,

the accused person shall be presumed, unless the court is satisfied to the contrary, to have committed or attempted to commit the act with that intention.

(8) The circumstances referred to in subsection (7), include—

(a) whether the act or attempt referred to in subsection (7)(a)—

(i) created or was likely to create a collective danger to the lives or physical integrity of persons,

(ii) caused or was likely to cause serious damage to a state or international organisation, or

(iii) caused or was likely to result in major economic loss,

and

(b) any other matters that the court considers relevant.

(9) Where the Director of Public Prosecutions considers that another Member State of the European Communities has jurisdiction to try a person for any act constituting an offence under this section, the Director—

(a) shall co-operate with the appropriate authority in that other Member State, and

(b) may have recourse to any body or mechanism established within the European Communities in order to facilitate co-operation between judicial authorities,

with a view to centralising the prosecution of the person in a single Member State where possible.

Penalties for terrorist offences.

7.—(1) A person guilty of an offence under section 6 (1)(a) is liable on conviction to be punished according to the gravity of the offence as follows:

(a) to the sentence of imprisonment fixed by law, if the corresponding offence specified in Schedule 2 is one for which the sentence is fixed by law;

(b) to imprisonment for life, if the corresponding offence specified in Schedule 2 is one for which the maximum sentence is imprisonment for life;

(c) to imprisonment for a term not exceeding 2 years more than the maximum term of imprisonment for the corresponding offence specified in Schedule 2 , if that corresponding offence is one for which a person of full capacity and not previously convicted may be sentenced to a maximum term of 10 or more years of imprisonment;

(d) to imprisonment for a term not exceeding 1 year more than the maximum term of imprisonment for the corresponding offence specified in Schedule 2 , if that corresponding offence is one for which a person of full capacity and not previously convicted may be sentenced to a maximum term of less than 10 years of imprisonment.

(2) A person guilty of an offence under section 6 (1)(b) is liable on conviction to the penalty to which he or she would have been liable had the act that constitutes the offence been done in the State.

(3) In this section, “corresponding offence”, in relation to a person convicted of an offence under section 6 (1)(a), means the offence for which the person would have been liable to be convicted had the act constituting the offence under that section been committed in the State in the absence of the intent referred to in paragraph (b) of the definition in section 4 of “terrorist activity”.

PART 3

Suppression of Hostage-Taking, Terrorist Bombing and Crimes Against Internationally Protected Persons

Definitions for Part 3.

8.—In this Part—

“Hostage Convention” means the International Convention against the Taking of Hostages adopted by resolution 34/146 of the General Assembly of the United Nations on 17 December 1979, the English language text of which is set out for convenience of reference in Schedule 3;

“Internationally Protected Persons Convention” means the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by resolution 3166 of the General Assembly of the United Nations on 14 December 1973, the English language text of which is set out for convenience of reference in Schedule 4;

“Terrorist Bombing Convention” means the International Convention for the Suppression of Terrorist Bombings adopted by resolution 52/164 of the General Assembly of the United Nations on 15 December 1997, the English language text of which is set out for convenience of reference in Schedule 5.

Offence of hostage-taking.

9.—(1) Subject to subsections (3) to (5), a person is guilty of the offence of hostage-taking if he or she, in or outside the State—

(a) seizes or detains another person (“the hostage”), and

(b) threatens to kill, injure or continue to detain the hostage,

in order to compel a state, an international intergovernmental organisation, a person or a group of persons to do, or abstain from doing, any act.

(2) Subject to subsections (3) to (5), a person who attempts to commit an offence under subsection (1) is guilty of an offence.

(3) Subsections (1) and (2) apply to an act committed outside the State if—

(a) the act is committed on board an Irish ship,

(b) the act is committed on an aircraft registered in the State,

(c) the act is committed by a citizen of Ireland or by a stateless person habitually resident in the State,

(d) the act is committed in order to compel the State to do or abstain from doing an act, or

(e) the hostage is a citizen of Ireland.

(4) Subsections (1) and (2) apply also to an act committed outside the State in circumstances other than those referred to in subsection (3), but in that case the Director of Public Prosecutions may not take, or consent to the taking of, proceedings referred to in section 43 (2) for an offence in respect of that act except as authorised by section 43 (3).

(5) Subsections (1) and (2) do not apply in respect of any act of hostage-taking that constitutes an offence under section 3 of the Geneva Conventions Act 1962 .

(6) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

Offence of terrorist bombing.

10.—(1) Subject to subsections (4) to (6), a person is guilty of an offence if he or she, in or outside the State, unlawfully and intentionally delivers, places, discharges or detonates an explosive or other lethal device in, into or against—

(a) a place of public use,

(b) a state or government facility,

(c) a public transportation system, or

(d) an infrastructure facility,

with intent to cause death or serious bodily injury.

(2) Subject to subsections (4) to (6), a person is guilty of an offence if—

(a) he or she, in or outside the State, unlawfully and intentionally delivers, places, discharges or detonates an explosive or other lethal device in, into or against a place, facility or system referred to in any paragraph of subsection (1) with intent to cause extensive destruction to that place, facility or system, and

(b) the destruction results in or is likely to result in major economic loss.

(3) Subject to subsections (4) to (6), a person who attempts to commit an offence under subsection (1) or (2) is guilty of an offence.

(4) Subsections (1) to (3) apply to an act committed outside the State if the act is committed—

(a) on board an Irish ship,

(b) on an aircraft registered in or operated by the State,

(c) by a citizen of Ireland or by a stateless person habitually resident in the State,

(d) against a citizen of Ireland,

(e) against a state or government facility of the State abroad, including an embassy or other diplomatic or consular premises of the State, or

(f) in order to compel the State to do or abstain from doing an act.

(5) Subsections (1) to (3) apply also in respect of an act committed outside the State in circumstances other than those referred to in subsection (4), but in that case the Director of Public Prosecutions may not take, or consent to the taking of, proceedings referred to in section 43 (2) for an offence in respect of that act except as authorised by section 43 (3).

(6) Subsections (1) to (3) do not apply in respect of—

(a) the activities of armed forces during an armed conflict insofar as those activities are governed by international humanitarian law, or

(b) the activities of military forces of a state in the exercise of their official duties insofar as those activities are governed by other rules of international law.

(7) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

(8) Subject to subsection (9), a word or expression that is used in this section has the same meaning as it has in the Terrorist Bombing Convention.

(9) In this section “explosive or other lethal device” means any of the following:

(a) an explosive weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage;

(b) an incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage;

(c) a weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of any of the following:

(i) a toxic chemical as defined in the Chemical Weapons Act 1997 ;

(ii) a microbial or other biological agent;

(iii) a toxin, whatever its origin or method of production;

(iv) a substance having an effect similar to the effect of anything referred to in any of subparagraphs (i) to (iii);

(v) ionising radiation or a radioactive substance, as defined in the Radiological Protection Act 1991 .

Offences against internationally protected persons.

11.—(1) Subject to subsections (3) and (4), a person is guilty of an offence if he or she does outside the State—

(a) an act to, or in relation to, an internationally protected person that, if done in the State, would constitute an offence specified in Part 1 of Schedule 6 , or

(b) an act in connection with an attack on the official premises, the private accommodation or any means of transportation of an internationally protected person that, if done in the State, would constitute an offence specified in Part 2 of Schedule 6 .

(2) Subject to subsections (3) and (4), a person is guilty of an offence if he or she—

(a) attempts to commit an act that is an offence under subsection (1), or

(b) makes a threat to commit an act that is an offence under subsection (1) and intends the person to whom the threat is made to fear that it will be carried out.

(3) Subsections (1) and (2) apply to an act committed outside the State if the act is committed—

(a) on board an Irish ship,

(b) on an aircraft registered in the State,

(c) by a citizen of Ireland, or

(d) against a person who enjoys the status of an internationally protected person by virtue of functions exercised on behalf of the State.

(4) Subsections (1) and (2) apply also to an act committed outside the State in circumstances other than those referred to in subsection (3), but in that case the Director of Public Prosecutions may not take, or consent to the taking of, proceedings referred to in section 43 (2) for an offence in respect of that act except as authorised by section 43 (3).

(5) A person guilty of an offence under this section is liable on conviction to—

(a) in the case of an offence under subsection (1) or (2) (a), the penalty to which he or she would have been liable had the act that constitutes the offence been committed in the State, or

(b) in the case of an offence under subsection (2)(b), imprisonment for a term not exceeding 10 years.

(6) Subject to subsection (7), a word or expression that is used in this section has the same meaning as in the Internationally Protected Persons Convention.

(7) In this section “internationally protected person” means, in relation to an offence under subsection (1) or (2)—

(a) a person who, at the time of the commission of the offence—

(i) is a Head of State, a member of a body that performs the functions of a Head of State under the constitution of a state, a Head of Government or a Minister for Foreign Affairs, and

(ii) is outside the territory of the state in which he or she holds office,

(b) a person who does not fall within paragraph (a) and who, at the time of the commission of the offence—

(i) is a representative or official of a state or an official or agent of an international organisation of an intergovernmental character, and

(ii) is entitled under international law to protection from attack on his or her person, freedom or dignity,

or

(c) a person who, at the time of the commission of the offence—

(i) is a member of the family of a person mentioned in paragraph (a) and is accompanying him or her, or

(ii) is a member of the family and of the household of a person mentioned in paragraph (b).

PART 4

Suppression of Financing of Terrorism

Interpretation of Part 4.

12.—(1) In this Part, except where the context otherwise requires—

“disposal order” means an order under section 16 ;

“funds” means—

(a) assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and

(b) any legal document or instrument in any form, including electronic or digital, evidencing title to, or any interest in, any asset, including, but not limited to, a bank credit, traveller's cheque, bank cheque, money order, share, security, bond, draft and letter of credit;

“interim order” means an order under section 14 ;

“interlocutory order” means an order under section 15 ;

“member of the Garda Síochána” means a member of the Garda Síochána not below the rank of Chief Superintendent;

“respondent” means—

(a) a person in respect of whom an application for an interim order or an interlocutory order has been made, or

(b) a person in respect of whom an interim order or an interlocutory order has been made,

and includes a person who, but for this Act, would become entitled on the death of a person referred to in paragraph (a) or (b) to any funds to which such an order relates (being an order that is in force and is in respect of that person);

“Terrorist Financing Convention” means the International Convention for the Suppression of the Financing of Terrorism adopted by resolution 54/109 of the General Assembly of the United Nations on 9 December 1999, the English language text of which is set out for convenience of reference in Schedule 7.

(2) For the purposes of sections 14 to 20, a person is considered to be in possession or control of funds notwithstanding that all or part of them—

(a) are lawfully in the possession or control of a member of the Garda Síochána of any rank or any other person, having been lawfully seized or otherwise taken by any such member or person, or

(b) are subject to an interim order, an interlocutory order or any other order of a court that does either of the following or is to the like effect:

(i) prohibits any person from disposing of or otherwise dealing with the funds or diminishing their value;

(ii) contains any conditions or restrictions in that regard,

or

(c) are subject to a letting agreement, the subject of a trust or otherwise occupied by another person or are inaccessible.

(3) Subsection (2) is not to be construed to limit the generality of sections 11(2) and 13(2) of the Act of 1996 as made applicable by section 20 of this Act.

Offence of financing terrorism.

13.—(1) Subject to subsections (6) and (7), a person is guilty of an offence if, in or outside the State, the person by any means, directly or indirectly, unlawfully and wilfully provides, collects or receives funds intending that they be used or knowing that they will be used, in whole or in part in order to carry out—

(a) an act that constitutes an offence under the law of the State and within the scope of, and as defined in, any treaty that is listed in the annex to the Terrorist Financing Convention, or

(b) an act (other than one referred to in paragraph (a))—

(i) that is intended to cause death or serious bodily injury to a civilian or to any other person not taking an active part in the hostilities in a situation of armed conflict, and

(ii) the purpose of which is, by its nature or context, to intimidate a population or to compel a government or an international organisation to do or abstain from doing any act.

(2) Subject to subsections (6) and (7), a person who attempts to commit an offence under subsection (1) is guilty of an offence.

(3) A person is guilty of an offence if the person by any means, directly or indirectly, unlawfully and wilfully provides, collects or receives funds intending that they be used or knowing that they will be used, in whole or in part—

(a) for the benefit or purposes of a terrorist group as defined in section 4 , or

(b) in order to carry out an act (other than one referred to in paragraph (a) or (b) of subsection (1)) that is an offence under section 6 .

(4) A person who attempts to commit an offence under subsection (3) is guilty of an offence.

(5) An offence may be committed under subsection (1) or (3) whether or not the funds are used to carry out an act referred to in subsection (1) or (3)(b), as the case may be.

(6) Subsections (1) and (2) apply to an act committed outside the State if the act—

(a) is committed on board an Irish ship,

(b) is committed on an aircraft registered in or operated by the State,

(c) is committed by a citizen of Ireland or by a stateless person habitually resident in the State,

(d) is directed towards or results in the carrying out of an act referred to in subsection (1) in the State or against a citizen of Ireland,

(e) is directed towards or results in the carrying out of an act referred to in subsection (1) against a State or Government facility of the State abroad, including an embassy or other diplomatic or consular premises of the State, or

(f) is directed towards or results in the carrying out of an act referred to in subsection (1) in an attempt to compel the State to do or abstain from doing any act.

(7) Subsections (1) and (2) apply also to an act committed outside the State in circumstances other than those referred to in subsection (6), but in that case the Director of Public Prosecutions may not take, or consent to the taking of, proceedings referred to in section 43 (2) for an offence in respect of that act except as authorised by section 43 (3).

(8) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 20 years or both.

Interim order freezing certain funds.

14.—(1) If satisfied on application ex parte by a member of the Garda Síochána that a person is in possession or control of funds that are being used or may be intended for use in committing, or facilitating the commission of, an offence under section 6 or 13 , the High Court may make an order prohibiting the person, any other specified person or any other person having notice of the order from—

(a) disposing of or otherwise dealing with all or, where appropriate, a specified part of the funds during such period, not exceeding 40 days, as may be specified by the Court, or

(b) diminishing the value of the funds during that period.

(2) An interim order—

(a) may contain such provisions, conditions and restrictions as the Court considers necessary or expedient, and

(b) shall provide for notice of the order to be given to the respondent and any other person who appears to be or is affected by it unless the Court is satisfied that it is not reasonably possible to ascertain their whereabouts.

(3) On application by the respondent or any other person claiming ownership of the funds specified in an interim order that is in force, the Court may discharge or, as may be appropriate, vary the order if satisfied that those funds or a part of them are not funds that are being used or may be intended for use in committing or facilitating the commission of an offence under section 6 or 13 .

(4) On application by a member of the Garda Síochána or any other person, the Court may vary an interim order to such extent as may be necessary to permit—

(a) the enforcement of any order of a court for the payment by the respondent of any sum, including any sum in respect of costs,

(b) the recovery by a county registrar or sheriff of income tax due by the respondent pursuant to a certificate issued by the Collector-General under section 962 of the Taxes Consolidation Act 1997 , together with the fees and expenses provided for in that section, or

(c) the institution of proceedings for, or relating to, the recovery of any other sum owed by the respondent.

(5) Subsection (4) is not to be construed to limit the generality of section 6 of the Act of 1996 as made applicable by section 20 of this Act.

(6) On application at any time by a member of the Garda Síochána, the Court shall discharge an interim order.

(7) Subject to subsections (3), (6) and (11), an interim order continues in force until the end of the period specified by the Court and then lapses unless an application for an interlocutory order in respect of any of the funds concerned is brought during that period.

(8) If an application for an interlocutory order is brought within the period allowed under subsection (7), the interim order lapses on—

(a) the determination of the application,

(b) the expiry of the ordinary time for bringing an appeal against the determination, or

(c) if such appeal is brought, the determination or abandonment of the appeal or any further appeal or the expiry of the ordinary time for bringing any further appeal,

whichever is the latest.

(9) Notice of an application under subsection (3) for the discharge or variation of an interim order shall be given by the respondent or other person making the application to—

(a) the member of the Garda Síochána who applied for the interim order, and

(b) such other (if any) persons as the Court may direct.

(10) Notice of an application under subsection (4) for the variation, or under subsection (6) for the discharge, of an interim order shall be given by the applicant to—

(a) the respondent unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, and

(b) such other (if any) persons as the Court may direct.

(11) Where a forfeiture order, or a confiscation order, under the Act of 1994 relates to any funds that are the subject of an interim order that is in force—

(a) the interim order is discharged, if it relates only to the funds that are the subject of the forfeiture order or the confiscation order, as the case may be, and

(b) the interim order is varied by the exclusion from it of the other funds, if it relates to other funds in addition to the funds that are the subject of the forfeiture order or the confiscation order, as the case may be.

Interlocutory order.

15.—(1) If, on application by a member of the Garda Síochána, it appears to the High Court on evidence tendered by the applicant that a person is in possession or control of funds that were being used or may be intended for use in committing or facilitating the commission of an offence under section 6 or 13 , the Court shall, subject to subsection (2) of this section, make an order prohibiting the respondent, any other specified person or any other person having notice of the order from—

(a) disposing of or otherwise dealing with all or, where appropriate, a specified part of the funds, or

(b) diminishing the value of the funds,

unless the Court is satisfied, on evidence tendered by the respondent or any other person, that the funds are not being used or intended for use in committing or facilitating the commission of an offence under section 6 or 13 .

(2) The Court shall not make an interlocutory order if it is satisfied that there would be a serious risk of injustice.

(3) Evidence tendered by the applicant for an interlocutory order may consist of or include evidence admissible by virtue of section 18 .

(4) An interlocutory order—

(a) may contain such provisions, conditions and restrictions as the Court considers necessary or expedient, and

(b) shall provide for notice of the order to be given to the respondent and any other person who appears to be or is affected by it unless the Court is satisfied that it is not reasonably possible to ascertain their whereabouts.

(5) On application by the respondent or any other person claiming ownership of the funds concerned, the Court may discharge or, as may be appropriate, vary an order that is in force if satisfied that—

(a) the funds concerned, or a part of them, are not funds that are being used or may be intended for use in committing or facilitating the commission of an offence under section 6 or 13 , or

(b) the order causes any other injustice.

(6) On application by a member of the Garda Síochána or any other person, the Court may vary an interlocutory order to such extent as may be necessary to permit—

(a) the enforcement of any order of a court for the payment by the respondent of any sum, including any sum in respect of costs,

(b) the recovery by a county registrar or sheriff of income tax due by the respondent pursuant to a certificate issued by the Collector-General under section 962 of the Taxes Consolidation Act 1997 , together with the fees and expenses provided for in that section, or

(c) the institution of proceedings for, or relating to, the recovery of any other sum owed by the respondent.

(7) Subsection (6) is not to be construed to limit the generality of section 6 of the Act of 1996 as made applicable by section 20 of this Act.

(8) On application at any time by a member of the Garda Síochána, the Court shall discharge an interlocutory order.

(9) Subject to subsections (5), (6) and (12), an interlocutory order continues in force until—

(a) the determination of an application for a disposal order in relation to the funds concerned,

(b) the expiry of the ordinary time for bringing an appeal from that determination, or

(c) if such an appeal is brought, the determination or abandonment of the appeal or any further appeal or the expiry of the ordinary time for bringing any further appeal,

whichever is the latest.

(10) Notice of an application under subsection (1) for an interlocutory order or of an application under subsection (6) for the variation, or under subsection (8) for the discharge, of an interlocutory order shall be given by the applicant to—

(a) the respondent unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, and

(b) any other person to whom the Court directs that notice be given.

(11) Notice of an application under subsection (5) to discharge or vary an interlocutory order shall be given by the respondent or other person making the application to—

(a) the member of the Garda Síochána who applied for the interlocutory order, and

(b) such other (if any) persons as the Court may direct.

(12) Where a forfeiture order, or a confiscation order, under the Act of 1994 relates to any funds that are the subject of an interlocutory order that is in force—

(a) the interlocutory order is discharged, if it relates only to the funds that are the subject of the forfeiture order or the confiscation order, as the case may be, and

(b) the interlocutory order is varied by the exclusion from it of the other funds, if it relates to other funds in addition to the funds that are the subject of the forfeiture order or the confiscation order, as the case may be.

Disposal order.

16.—(1) Subject to subsection (2), where an interlocutory order has been in force for not less than 7 years in relation to funds, the High Court may, on application by a member of the Garda Síochána, make an order directing that all or, if appropriate, a specified part of the funds be transferred, subject to such terms and conditions as the Court may specify, to the Minister for Finance or such other person as the Court may determine.

(2) Subject to subsections (6) and (8), the Court shall make a disposal order in relation to any funds that are the subject of an application under subsection (1) unless it is satisfied that the funds are not funds that had been used or were intended for use in committing or facilitating the commission of an offence under section 6 or 13.

(3) The applicant shall give notice of an application under this section to—

(a) the respondent unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, and

(b) such other (if any) persons as the Court may direct.

(4) A disposal order operates to deprive the respondent of any rights to the funds to which the order relates and on the making of the order the funds are transferred to the Minister for Finance or other person determined by the Court.

(5) The Minister for Finance may dispose of any funds transferred to him or her under this section and any proceeds of the disposition and any money transferred to that Minister under this section shall be paid into and disposed of by him or her for the benefit of the Exchequer.

(6) In proceedings under subsection (1), before deciding whether to make a disposal order, the Court shall give any person claiming ownership of the funds an opportunity to be heard by the Court and to show cause why the order should not be made.

(7) On application by the respondent or, if the respondent's whereabouts cannot be ascertained, on the Court's own initiative, the Court may, if it considers it appropriate to do so in the interests of justice, adjourn the hearing of an application under subsection (1) for such period not exceeding 2 years as it considers reasonable.

(8) The Court shall not make a disposal order if it is satisfied that there would be a serious risk of injustice.

Ancillary orders and provision in relation to certain profits or gains, etc.

17.—(1) At any time while an interim or interlocutory order is in force, the High Court may, on application by a member of the Garda Síochána, make such orders as it considers necessary or expedient to enable the interim order or interlocutory order to have full effect.

(2) The applicant shall give notice of an application under this section to—

(a) the respondent unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, and

(b) such other (if any) persons as the Court may direct.

(3) An interim order, an interlocutory order or a disposal order may be expressed to apply to—

(a) any profit, gain or interest,

(b) any dividend or other payment, or

(c) any other funds,

payable or arising, after the making of the order, in connection with any other funds to which the order relates.

Evidence and proceedings relating to interim and other orders.

18.—(1) A statement made by a member of the Garda Síochána—

(a) in proceedings under section 14 , on affidavit or, if the High Court so directs, in oral evidence, or

(b) in proceedings under section 15 , in oral evidence,

that he or she believes that the respondent is in possession or control of funds that are being used, or may be intended for use, in committing or facilitating the commission of an offence under section 6 or 13 is evidence of the matter if the Court is satisfied that there are reasonable grounds for that belief.

(2) The standard of proof applicable in civil proceedings is the standard required to determine any question arising under section 14 , 15 , 16 , 17 , 19 or 20 .

(3) Proceedings under section 14 in relation to an interim order shall be heard otherwise than in public and any proceedings under section 15 , 16 , 17 or 19 may, if the respondent or any other party to the proceedings (other than the applicant) so requests and the Court considers it proper, be heard otherwise than in public.

(4) The Court may, if it considers it appropriate to do so, prohibit the publication of such information as it may determine in relation to proceedings under section 14 , 15 , 16 , 17 or 19 , including information relating to—

(a) applications for, the making or refusal of and the contents of orders under any of those sections, and

(b) the persons to whom those orders relate.

Compensation.

19.—(1) An application to the High Court for an order under this section may be made where—

(a) an interim order is discharged or lapses and an interlocutory order in relation to the matter is not made or, if made, is discharged (otherwise than pursuant to section 14 (11)),

(b) an interlocutory order is discharged (otherwise than pursuant to section 15 (12)) or lapses and a disposal order in relation to the matter is not made or, if made, is discharged, or

(c) an interim order or an interlocutory order is varied (otherwise than pursuant to section 14 (11) or 15 (12)) or a disposal order is varied on appeal.

(2) On application under subsection (1) by a person who satisfies the Court that—

(a) the person is the owner of funds to which—

(i) an interim order referred to in subsection (1)(a) related,

(ii) an interlocutory order referred to in subsection (1)(b) related,

(iii) an order referred to in subsection (1)(c) had related, but by reason of it being varied by a court, has ceased to relate,

and

(b) the funds are not being used or intended for use in committing or facilitating the commission of an offence under section 6 or 13 ,

the Court may award to the person such (if any) compensation payable by the Minister for Finance as it considers just in the circumstances in respect of any loss incurred by the person by reason of the order concerned.

(3) The Minister for Finance shall be given notice of, and be entitled to be heard in, any proceedings under this section.

Application of certain provisions of Act of 1996.

20.—For the purposes of this Part, sections 6, 7 and 9 to 15 of the Act of 1996 apply with the following modifications and any other necessary modifications as if an interim order, an interlocutory or a disposal order made under this Part, or an application for such an order, had been made under the Act of 1996:

(a) a reference in any of the applicable provisions of the Act of 1996 to applicant shall be construed as referring to the member of the Garda Síochána who applied to the High Court for the interim order, interlocutory order or disposal order;

(b) a reference in any of the applicable provisions of the Act of 1996 to respondent shall be construed as defined in section 12 of this Act;

(c) a reference in any of the applicable provisions of the Act of 1996 to property shall be construed as referring to funds.

Amendment of section 3 of Act of 1994.

21.—Section 3 of the Act of 1994 is amended as follows:

(a) in subsection (1) by inserting the following:

“ ‘Act of 2005’ means the Criminal Justice (Terrorist Offences) Act 2005;”;

(b) in subsection (1) by substituting the following for the definition of “confiscation order”;

“ ‘confiscation order’ means an order made under section 4(4), 8A(5) or 9(1) of this Act;”;

(c) in subsection (1) by substituting the following for the definition of “defendant”:

“ ‘defendant’ means, for the purposes of any provision of this Act relating to confiscation, and subject to section 23(2)(a) of this Act, a person against whom proceedings for the relevant drug trafficking offence, offence of financing terrorism or other offence have been instituted;”;

(d) in subsection (1) by inserting the following definitions:

“ ‘funds’ has the meaning given by section 12 of the Act of 2005;”;

“ ‘funds subject to confiscation’ has the meaning given by section 8A(2) of this Act;”;

“ ‘offence of financing terrorism’ means an offence under section 13 of the Act of 2005;”;

“ ‘proceeds’, in relation to an offence of financing terrorism, means any funds derived from or obtained, directly or indirectly, through the commission of that offence, including payments and rewards;”;

(e) in subsection (1) by substituting the following for the definition of “property”:

“ ‘property’ includes money and all other property, real or personal, heritable or moveable, including choses-in-action and other intangible or incorporeal property and, in relation to an offence of financing terrorism, includes funds;”;

(f) in subsection (1) by inserting the following definition:

“ ‘value of funds subject to confiscation’ has the meaning given by section 8B(1) of this Act;”;

(g) by inserting the following after subsection (9):

“(9A) For the purposes of the provisions of this Act relating to an offence of financing terrorism, a gift (including a gift made before the commencement of section 8A of this Act) is caught by this Act if—

(a) it was made by the defendant at any time since the beginning of a period of 6 years ending when proceedings in respect of that offence were instituted against the defendant, or

(b) it was made by the defendant at any time and was a gift of property—

(i) which was received by the defendant in connection with an offence of financing terrorism committed by the defendant or another person, or

(ii) which in whole or in part directly or indirectly represented in the defendant's hands funds received by the defendant in connection with an offence of financing terrorism.”;

(h) in subsection (16)(g) by substituting “an application under section 7, 8D or 13 of this Act” for “an application under section 7 or 13 of this Act”;

(i) in subsection (16)(h) by substituting “an application under section 8, 8E or 18 of this Act” for “an application under section 8 or 18 of this Act”.

Amendment of Part II of Act of 1994 — new sections 8A to 8E.

22.—Part II of the Act of 1994 is amended by inserting the following after section 8:

Amendment of section 9 of Act of 1994.

23.—Section 9 of the Act of 1994 is amended as follows:

(a) in subsection (1) by substituting “, other than a drug trafficking offence or an offence of financing terrorism,” for “, other than a drug trafficking offence,”,

(b) in subsection (2) by substituting “(not being a drug trafficking offence or an offence of financing terrorism)” for “(not being a drug trafficking offence)”, and

(c) in subsection (4) by substituting “, other than a drug trafficking offence or an offence of financing terrorism,” for “other than a drug trafficking offence”.

Amendment of section 10 of Act of 1994.

24.—Section 10 of the Act of 1994 is amended as follows:

(a) by substituting the following for subsection (1) (amended by section 27 of the Criminal Justice Act 1999 ):

“(1) Where a defendant accepts to any extent an allegation in a statement that—

(a) is tendered by or on behalf of the Director of Public Prosecutions to a court that is engaged in a determination under section 4 of this Act as to whether a person has benefited from drug trafficking or as to any amount to be recovered by virtue of that section or to a court that is considering an application under section 7, 8, 8A, 8D, 8E or 9 of this Act, and

(b) concerns any matter relevant—

(i) to the determination of whether the defendant—

(I) in the case of a conviction for a drug trafficking offence, has benefited from drug trafficking,

(II) in the case of a conviction for an offence of financing terrorism, holds funds subject to confiscation, or

(III) in the case of a conviction for an offence other than a drug trafficking offence or an offence of financing terrorism, has benefited as mentioned in section 9(4) of this Act,

or

(ii) to the assessment of the value of the defendant's proceeds of drug trafficking, the value of the funds subject to confiscation or the value of the defendant's benefits as mentioned in section 9(4) of this Act, as the case may be,

the court may, for the purposes of that determination or assessment, treat the defendant's acceptance as conclusive of the matters to which it relates.”;

(b) by substituting the following for subsection (4):

“(4) A defendant who fails in any respect to comply with a requirement under subsection (3) of this section may be treated for the purposes of this section as accepting every allegation in the statement other than—

(a) any allegation in respect of which the defendant has complied with the requirement, and

(b) any allegation that—

(i) in the case of a conviction for one or more drug trafficking offences, the defendant has benefited from drug trafficking or that any payment or reward was received by the defendant in connection with drug trafficking carried on by the defendant or another person,

(ii) in the case of a conviction for one or more offences of financing terrorism, the defendant holds funds subject to confiscation, or

(iii) in the case of a conviction for one or more offences, other than a drug trafficking offence or an offence of financing terrorism, the defendant benefited from the offence or property was obtained from the defendant as a result of or in connection with the commission of an offence.”;

(c) by substituting the following for subsection (8):

“(8) No acceptance by the defendant under this section of an allegation that—

(a) any payment or other reward was received by the defendant in connection with drug trafficking carried on by the defendant or another person,

(b) the defendant holds funds subject to confiscation, or

(c) the defendant has benefited from an offence other than a drug trafficking offence or an offence of financing terrorism,

shall be admissible in evidence in any proceedings for an offence.”.

Amendment of section 11 of Act of 1994.

25.—Section 11(1) of the Act of 1994 (inserted by section 28 of the Criminal Justice Act 1999 ) is amended by substituting the following for paragraph (b):

“(b) an application has been made to a court under section 7, 8, 8A, 8D, 8E or 9 of this Act.”.

Amendment of section 12 of Act of 1994.

26.—Section 12 of the Act of 1994 is amended as follows:

(a) in subsection (1) by substituting “(but not when considering whether to make such an order under section 4 or 8A of this Act)” for “(but not when considering whether to make an order under section 4 of this Act)”;

(b) in subsection (4) by substituting the following paragraphs for paragraph (b):

“(b) (in the case of a conviction for one or more offences of financing terrorism) the value of the defendant's funds subject to confiscation, or

(c) (in the case of a conviction for an offence or offences other than a drug trafficking offence or an offence of financing terrorism) the value of the defendant's benefit from the offence or offences in respect of which the order may be made.”.

Amendment of section 13 of Act of 1994.

27.—Section 13 of the Act of 1994 is amended as follows:

(a) by substituting the following for subsection (2):

“(2) The High Court may exercise the powers of a court under section 4, 8A or 9 of this Act to make a confiscation order against the defendant in the case of a conviction for a drug trafficking offence, an offence of financing terrorism or an offence other than a drug trafficking offence or an offence of financing terrorism if—

(a) the Director of Public Prosecutions asks the High Court to proceed under this section, and

(b) the High Court is satisfied that the defendant has died or absconded.”;

(b) by substituting the following for subsection (4):

“(4) The High Court may exercise the powers of a court under section 4, 8A or 9 of this Act to make a confiscation order against the defendant if—

(a) the relevant proceedings have been instituted in respect of a drug trafficking offence, an offence of financing terrorism or an offence other than a drug trafficking offence or an offence of financing terrorism,

(b) the Director of Public Prosecutions asks the High Court to proceed under this section, and

(c) the High Court is satisfied that the defendant has absconded.”;

(c) in subsection (6) by substituting the following for paragraph (a):

“(a) sections 5(2), 8B(2), 10(3) and 10(4) of this Act shall not apply,”.

Amendment of section 17 of Act of 1994.

28.—Section 17 of the Act of 1994 is amended as follows:

(a) in subsection (2) by substituting the following for paragraph (a):

“(a) the value of the defendant's—

(i) proceeds of drug trafficking,

(ii) funds subject to confiscation, or

(iii) benefit as mentioned in section 9(4) of this Act,

as the case may be, in the period by reference to which the determination in question was made (‘the original value’), or”;

(b) in subsection (2) by substituting the following for subparagraph (i):

“(i) may make a fresh determination of the value of the defendant's—

(I) proceeds under section 4 of this Act, in the case of a drug trafficking offence,

(II) funds subject to confiscation under section 8A of this Act, in the case of an offence of financing terrorism, and

(III) benefit under section 9 of this Act, in the case of an offence other than a drug trafficking offence or an offence of financing terrorism, and”;

(c) by inserting the following after subsection (3):

“(3A) For any determination under section 8A of this Act by virtue of this section, section 8B(5) shall not apply in relation to any of the defendant's funds subject to confiscation that were taken into account in determining the original value.”.

Amendment of section 18 of Act of 1994.

29.—Section 18 of the Act of 1994 is amended by substituting the following for subsection (1):

“(1) This section shall have effect where the amount which a person is ordered to pay by a confiscation order is less than the amount assessed to be the value of the person's—

(a) proceeds of drug trafficking, in the case of a drug trafficking offence,

(b) funds subject to confiscation, in the case of an offence of financing terrorism, or

(c) benefit obtained from an offence other than a drug trafficking offence or an offence of financing terrorism.”.

Amendment of section 23 of Act of 1994.

30.—Section 23 of the Act of 1994 is amended as follows:

(a) by substituting the following for subsection (1):

“(1) The powers conferred on the High Court by section 24 of this Act shall be exercisable—

(a) where—

(i) proceedings have been instituted in the State against the defendant for a drug trafficking offence, an offence of financing terrorism or an indictable offence (other than a drug trafficking offence or an offence of financing terrorism) or an application has been made in respect of the defendant under section 7, 8, 8D, 8E, 13 or 18 of this Act,

(ii) the proceedings or application have not been concluded, and

(iii) either a confiscation order has been made or it appears to the Court that there are reasonable grounds for thinking that a confiscation order may be made in the proceedings or that, in the case of an application under section 7, 8, 8D, 8E, 13 or 18 of this Act, the Court will be satisfied as mentioned in section 7(3), 8(4), 8D(3), 8E(4), 13(2), 13(4) or 18(2) of this Act,

or

(b) where—

(i) the Court is satisfied that proceedings are to be instituted against a person for a drug trafficking offence, an offence of financing terrorism or an offence in respect of which a confiscation order might be made under section 9 of this Act or that an application of a kind mentioned in paragraph (a)(i) of this subsection is to be made in respect of a person, and

(ii) it appears to the Court that a confiscation order may be made in connection with the offence or that a court will be satisfied as mentioned in paragraph (a)(iii) of this subsection.”;

(b) in subsection (2) by substituting the following for paragraph (b):

“(b) references in this Act to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in subsection (1)(b)(i) of this section for a drug trafficking offence, an offence of financing terrorism or an offence in respect of which a confiscation order might be made under section 9 of this Act.”.

Amendment of section 28 of Act of 1994.

31.—Section 28(3)(a) of the Act of 1994 is amended by substituting the following for subparagraph (ii):

“(ii) an application has been made in respect of the defendant under section 7, 8, 8D, 8E, 13 or 18 of this Act and has not been concluded, or”.

Amendment of section 32 of Act of 1994.

32.—Section 32 of the Act of 1994 is amended as follows:

(a) by substituting the following for subsection (9A) (inserted by section 14 of the Criminal Justice (Miscellaneous Provisions) Act 1997 ):

“(9A) A designated body shall, in relation to the carrying on of its business, adopt measures to prevent and detect the commission of the following offences:

(a) an offence under section 31 of this Act;

(b) an offence of financing terrorism.”;

(b) in subsection (9B) (inserted by section 14 of the Criminal Justice (Miscellaneous Provisions) Act 1997 ) by substituting the following for paragraph (c):

“(c) the training of directors, other officers and employees for the purpose of enabling them to identify transactions which may relate to the commission of an offence under section 31 of this Act or an offence of financing terrorism, and the giving of instructions to them on how a director, other officer or employee should proceed once he or she has identified such a transaction.”.

Amendment of section 46 of Act of 1994.

33.—Section 46 of the Act of 1994 is amended—

(a) in subsection (1) by inserting the following after paragraph (a):

“(aa) of recovering funds corresponding to funds subject to confiscation under this Act, or”,

and

(b) in subsection (5) by substituting “section 4, 8A or 9 of this Act” for “section 4 or 9 of this Act”.

Amendment of section 47 of Act of 1994.

34.—Section 47(5) of the Act of 1994 is amended by inserting the following after paragraph (b):

“(bb) an offence of financing terrorism, or”.

Amendment of section 55 of Act of 1994.

35.—Section 55 of the Act of 1994 is amended by substituting the following for subsection (2):

“(2) Section 63 of this Act shall have effect as if—

(a) references in that section to drug trafficking included any conduct which is an offence under the law of a country or territory outside the State and would constitute drug trafficking had the conduct occurred in the State,

(b) references in that section to an offence of financing terrorism included any conduct which is an offence under the law of a country or territory outside the State and would constitute an offence of financing terrorism had the conduct occurred in the State or in the circumstances referred to in section 13 (6) of the Act of 2005, and

(c) references in that section to an offence in respect of which a confiscation order might be made under section 9 of this Act included any conduct which is an offence under the law of a country or territory outside the State and would constitute an offence in respect of which a confiscation order might be made under section 9 of this Act had the conduct occurred in the State.”.

Amendment of section 57 of Act of 1994.

36.—Section 57 of the Act of 1994 is amended as follows:

(a) by substituting the following for subsection (1):

“(1) Any person or body to whom section 32 of this Act applies (including a director, officer or employee of that person or body) and who suspects that—

(a) an offence of financing terrorism, or

(b) an offence under section 31 or 32 of this Act,

in relation to the business of that person or body has been or is being committed shall report that suspicion to the Garda Síochána and to the Revenue Commissioners.”;

(b) by substituting the following for subsection (2):

“(2) A person who—

(a) is charged by law with the supervision of a person or body to whom section 32 of this Act applies, and

(b) suspects that an offence of financing terrorism or an offence under section 31 or 32 of this Act has been or is being committed by that person or body,

shall report that suspicion to the Garda Síochána and to the Revenue Commissioners.”;

(c) in subsection (7)(b) by substituting “in the investigation or prosecution of a drug trafficking offence, an offence of financing terrorism or an offence in respect of which a confiscation order might be made under section 9 of this Act” for “in the investigation or prosecution of a drug trafficking offence or an offence in respect of which a confiscation order might be made under section 9 of this Act”.

Amendment of section 58 of Act of 1994.

37.—Section 58 of the Act of 1994 is amended as follows:

(a) in subsection (1) by substituting “an investigation into drug trafficking, into whether a person holds funds subject to confiscation or into whether a person has benefited from an offence in respect of which a confiscation order might be made” for “an investigation into drug trafficking or into whether a person has benefited from an offence in respect of which a confiscation order might be made”, and

(b) in subsection (2) by substituting “makes any disclosure which is likely to prejudice an investigation arising from a report into whether an offence of financing terrorism or an offence under section 31 or 32 of this Act has been committed shall be guilty of an offence” for “makes any disclosure which is likely to prejudice an investigation arising from a report into whether an offence under section 31 or 32 of this Act has been committed shall be guilty of an offence”.

Amendment of section 61 of Act of 1994.

38.—Section 61(1A) of the Act of 1994 (inserted by section 17 of the Offences against the State (Amendment) Act 1998 ) is amended in paragraph (a) by substituting “, section 27A of the Firearms Act 1964 or section 6 of the Act of 2005” for “or section 27A of the Firearms Act, 1964 ”.

Amendment of section 63 of Act of 1994.

39.—Section 63 of the Act of 1994 is amended as follows:

(a) by substituting the following for subsection (1):

“(1) A member of the Garda Síochána may apply to a judge of the District Court for an order under subsection (2) of this section in relation to any particular material, or material of a particular description, for the purpose of an investigation into any of the following matters:

(a) drug trafficking;

(b) the commission of an offence of financing terrorism;

(c) the commission of an offence under section 31 of this Act;

(d) whether a person has benefited from drug trafficking;

(e) whether a person holds funds subject to confiscation;

(f) whether a person has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act.”;

(b) in subsection (4) by substituting the following for paragraph (a):

“(a) that there are reasonable grounds for suspecting that a specified person—

(i) has carried on drug trafficking,

(ii) has committed an offence of financing terrorism,

(iii) has committed an offence under section 31 of this Act,

(iv) has benefited from drug trafficking,

(v) holds funds subject to confiscation, or

(vi) has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act,”.

Amendment of section 64 of Act of 1994.

40.—Section 64 of the Act of 1994 is amended as follows:

(a) by substituting the following for subsection (1):

“(1) A member of the Garda Síochána may apply to a judge of the District Court for a warrant under this section in relation to specified premises for the purposes of an investigation into any of the following matters:

(a) drug trafficking;

(b) the commission of an offence of financing terrorism;

(c) the commission of an offence under section 31 of this Act;

(d) whether a person has benefited from drug trafficking;

(e) whether a person holds funds subject to confiscation;

(f) whether a person has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act.”;

(b) in subsection (3) by substituting the following for paragraph (a):

“(a) that there are reasonable grounds for suspecting that a specified person—

(i) has carried on drug trafficking,

(ii) has committed an offence of financing terrorism,

(iii) has committed an offence under section 31 of this Act,

(iv) has benefited from drug trafficking,

(v) holds funds subject to confiscation, or

(vi) has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act, and”;

(c) in subsection (4) by substituting the following for paragraphs (a) and (b):

“(a) that there are reasonable grounds for suspecting that a specified person—

(i) has carried on drug trafficking,

(ii) has committed an offence of financing terrorism,

(iii) has committed an offence under section 31 of this Act,

(iv) has benefited from drug trafficking,

(v) holds funds subject to confiscation, or

(vi) has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act, and

(b) that there are reasonable grounds for suspecting that there is on the premises material that—

(i) relates to the specified person or to—

(I) drug trafficking,

(II) an offence of financing terrorism,

(III) an offence under section 31 of this Act, or

(IV) an offence in respect of which a confiscation order might be made under section 9 of this Act,

and

(ii) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, and

(iii) cannot be particularised at the time of the application, and”.

Amendment of section 65 of Act of 1994.

41.—Section 65(1) of the Act of 1994 is amended by substituting “If proceedings are instituted against a person for a drug trafficking offence, an offence of financing terrorism, an offence in respect of which a compensation order might be made under section 9 of this Act, or for more than one of any of those offences,” for “If proceedings are instituted against a person for a drug trafficking offence or offences or for an offence or offences in respect of which a confiscation order might be made under section 9 of this Act”.

Power to make regulations.

42.—(1) This section applies to acts—

(a) that are adopted by the institutions of the European Communities before or after the commencement of this section in accordance with the treaties of those Communities, and

(b) that, in the opinion of the Minister for Finance, are for the purpose of, or will contribute to, combating terrorism through the adoption of specific restrictive measures, directed at persons, groups or entities, for the identification, detection, freezing or seizure of their assets of any kind.

(2) The Minister for Finance may make regulations for enabling provisions of acts to which this section applies to have full effect, including regulations—

(a) requiring the disclosure or reporting of information for the identification or detection of assets referred to in subsection (1)(b), and

(b) respecting the freezing or seizure of such assets or the imposition of other restrictive measures referred to in subsection (1)(b).

(3) A person who contravenes a requirement of a regulation made under subsection (2) is guilty of an offence.

(4) A person guilty of an offence under subsection (3) is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to—

(i) a fine not exceeding the greater of €10,000,000 or twice the value of the assets in respect of which the offence was committed,

(ii) imprisonment for a term not exceeding 20 years, or

(iii) both such fine and such imprisonment.

(5) Where after being convicted of an offence under subsection (3) a person continues to contravene the requirement to which the offence relates, the person is guilty of a further offence on every day on which the contravention continues and for each such offence is liable to whichever of the following penalties is applicable:

(a) on summary conviction to a fine not exceeding €1,000, if the person was convicted of the offence under subsection (3) on summary conviction;

(b) on conviction on indictment to a fine not exceeding €100,000, if the person was convicted of the offence under subsection (3) on indictment.

(6) The Minister for Finance may make regulations providing for such incidental, supplementary and consequential provisions as appear to that Minister to be necessary for giving effect to regulations under subsection (2).

(7) A person who contravenes a requirement of a regulation made under subsection (6) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

(8) Where after being convicted of an offence under subsection (7) a person continues to contravene the requirement to which the offence relates, the person is guilty of a further offence on every day on which the contravention continues and for each such offence is liable on summary conviction to a fine not exceeding €1,000.

PART 5

Miscellaneous Matters

Proceedings relating to offences committed outside the State.

43.—(1) Proceedings for an offence under section 6 , 9 , 10 , 11 or 13 (1) or (2) in relation to an act committed outside the State may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.

(2) Where a person is charged with an offence referred to in subsection (1), no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

(3) The Director of Public Prosecutions may take, or consent to the taking of, further proceedings against a person for an offence in respect of an act to which section 6 (1), 9 (1) or (2), 10 (1), (2) or (3), 11 (1) or (2) or 13 (1) or (2) applies and that is committed outside the State in the circumstances referred to in section 6 (3), 9 (4), 10 (5), 11 (4) or 13 (7) respectively if satisfied—

(a) that—

(i) a request for that person's surrender for the purpose of trying him or her for an offence in respect of that act has been made under Part II of the Extradition Act 1965 by—

(I) in the case of an offence in respect of an act to which section 6 (1) applies, any state, and

(II) in the case of an offence in respect of an act to which section 9 (1) or (2), 10 (1), (2) or (3), 11 (1) or (2) or 13 (1) or (2) applies, a state party to the applicable instrument and exercising jurisdiction in accordance with its relevant provision,

and

(ii) the request has been finally refused (whether as a result of a decision of the court or otherwise),

or

(b) that—

(i) a European arrest warrant has been received from an issuing state for the purpose of bringing proceedings against the person for an offence in respect of that act,

(ii) except in the case of an act to which section 6 (1) applies, jurisdiction is being exercised in accordance with the relevant provision of the applicable instrument, and

(iii) a final determination has been made that the European arrest warrant should not be endorsed for execution in the State under the European Arrest Warrant Act 2003 or that the person should not be surrendered to the issuing state concerned,

or

(c) that, because of special circumstances (including, but not limited to, the likelihood of a refusal referred to in paragraph (a)(ii) or a determination referred to in paragraph (b)(iii)), it is expedient that proceedings be taken against the person for an offence under the law of the State in respect of the act.

(4) In subsection (3)—

“applicable instrument” means—

(a) in relation to an act to which section 9 (1) or (2) applies, the Hostage Convention as defined in section 8 ,

(b) in relation to an act to which section 10 (1), (2) or (3) applies, the Terrorist Bombing Convention as defined in section 8 ,

(c) in relation to an act to which section 11 (1) or (2) applies, the Internationally Protected Persons Convention as defined in section 8 , and

(d) in relation to an act to which section 13 (1) or (2) applies, the Terrorist Financing Convention as defined in section 12 ;

“European arrest warrant” and “issuing state” have the meanings given by section 2 of the European Arrest Warrant Act 2003 ;

“relevant provision” means—

(a) in relation to the Hostage Convention, Article 5(1),

(b) in relation to the Terrorist Bombing Convention, Article 6(1) or (2),

(c) in relation to the Internationally Protected Persons Convention, Article 3(1), and

(d) in relation to the Terrorist Financing Convention, Article 7(1) or (2).

Evidence in proceedings under the Act.

44.—(1) Where in any proceedings relating to an offence under this Act a question arises as to whether—

(a) a person is an internationally protected person,

(b) a facility is a State or Government facility of the State abroad, or

(c) an organisation is an international organisation or an international organisation of an intergovernmental character,

a certificate that is signed by the Minister for Foreign Affairs, or by a person authorised by that Minister, and that states any fact relating to that question is evidence of the fact unless the contrary is shown.

(2) In any proceedings relating to an offence under this Act—

(a) a certificate that is signed by an officer of the Department of Foreign Affairs and states that—

(i) a passport was issued by the Department to that person on a specified date, and

(ii) to the best of the officer's knowledge and belief, the person has not ceased to be an Irish citizen,

is evidence that the person was an Irish citizen on the date the offence is alleged to have been committed, unless the contrary is shown,

(b) a certificate that is signed by the Attorney General, or by a person authorised by him or her, as to his or her opinion in relation to a matter mentioned in section 6 (6) is evidence of that opinion, unless the contrary is shown, and

(c) a certificate that is signed by the Director of Public Prosecutions or by a person authorised by that Director and that states any of the matters specified in paragraph (a), (b) or (c) of section 43 (3) is evidence of the facts stated in the certificate, unless the contrary is shown.

(3) A document purporting to be a certificate under subsection (1) or (2) is deemed, unless the contrary is shown—

(a) to be such a certificate,

(b) to have been signed by the person purporting to have signed it, and

(c) in the case of certificate signed with the authority of the Minister for Foreign Affairs, the Attorney General or the Director of Public Prosecutions, to have been signed in accordance with the authorisation.

Liability for offences by bodies corporate.

45.—(1) Where a body corporate commits an offence under this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of a person who, when the offence was committed—

(a) was a director, manager, secretary or other officer of that body, or

(b) purported to act in any such capacity,

that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished accordingly.

(2) A person may be proceeded against for an offence referred to in subsection (1) whether or not the body corporate has been proceeded against or convicted of the offence committed by that body.

(3) Where the affairs of a body corporate are managed by its members, subsections (1) and (2) apply in relation to the acts and defaults of a member in connection with the member's management functions as if the member were a director or manager of the body corporate.

Double jeopardy.

46.—A person who has been acquitted or convicted of an offence outside the State shall not be proceeded against for an offence under this Act consisting of the acts that constituted the offence of which that person was so acquitted or convicted.

Expenses.

47.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of money provided by the Oireachtas.

PART 6

Amendment of Other Acts

Amendment of section 21 of Act of 1939.

48.—Section 21(2) of the Act of 1939 is amended—

(a) in paragraph (a) by substituting—

(i) “€3,000” for “fifty pounds”, and

(ii) “12 months” for “three months”,

and

(b) in paragraph (b) by substituting “a fine or imprisonment for a term not exceeding 8 years or both” for “imprisonment for a term not exceeding 7 years”.

Amendment of Act of 1939 — new section 21A.

49.—The Act of 1939 is amended by inserting the following after section 21:

Amendment of section 22 of Act of 1939.

50.—Section 22(a) of the Act of 1939 is amended by substituting “all the property (including money and all other property, real or personal, heritable or moveable, including choses in action and other intangible or incorporeal property, including funds as defined in section 12 of the Criminal Justice (Terrorist Offences) Act 2005 of such organisation” for “all the property (whether real, chattel real, or personal and whether in possession or in action) of such organisation”.

Amendment of Act of 1939 — new sections 22A to 22I.

51.—The Act of 1939 is amended by inserting the following after section 22:

Amendment of section 38 of Act of 1939.

52.—Section 38 of the Act of 1939 is amended by adding the following subsection:

“(4) For the purposes of this Act, a Special Criminal Court is in existence if it has been established under this section and has at the relevant time not fewer than 3 members appointed under section 39.”.

Amendment of section 49 of Act of 1939.

53.—Section 49 of the Act of 1939 is amended by renumbering it as section 49(1) and adding the following subsections:

“(2) A trial that is to be heard before a Special Criminal Court may be transferred by the Court, on its own motion or on the application of a triable person or the Director of Public Prosecutions, to another Special Criminal Court, but only if the first Court decides that it would be in the interests of justice to do so.

(3) In deciding whether it is in the interests of justice to transfer a trial, the Special Criminal Court may consider any factors it thinks relevant, including—

(a) whether the transfer would be in the interests of the expeditious administration of justice, and

(b) whether the transfer would prejudice the triable person or persons or the prosecution.

(4) A trial may be transferred under this section notwithstanding that an order has been made under subsection (1)(e) in relation to the triable person or persons.

(5) Where 2 or more triable persons are to be tried jointly, the decision of the Special Criminal Court to transfer the trial applies in relation to all of them.

(6) Subsection (5) does not affect the right of a triable person to apply for a separate trial and, if the application is granted, then to apply for a transfer of that trial.

(7) The decision of a Special Criminal Court to transfer a trial is final and unappealable.

(8) In this section ‘triable person’ means a person sent or sent forward for trial to, or charged before or transferred under this Act to, a Special Criminal Court.”.

Amendment and commencement of section 2 of Act of 1985.

54.—(1) Section 2(1) of the Act of 1985 is amended by repealing paragraph (c).

(2) Section 2 of the Act of 1985 comes into operation on the pasing of this Act.

Amendment of section 8 of Act of 1985.

55.—Section 8(2) of the Act of 1985 is amended by inserting “or any other form of property” after “Moneys”.

Amendment of Defence Act 1954.

56.—The Defence Act 1954 is amended as follows:

(a) in section 169 (as amended by section 7 of the Criminal Justice Act 1990 ) by substituting the following for subsection (3):

“(3) Where a person charged under this section is convicted by a court-martial of an offence other than treason or murder, he shall be liable to be punished as follows:

(a) if he is convicted of manslaughter, be liable to imprisonment for life or any lesser punishment awardable by a court-martial;

(b) if he is convicted of rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990 ) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990 ), be liable to imprisonment for life or any lesser punishment awardable by a court-martial;

(c) if he is convicted of an act of genocide which would be punishable under the Genocide Act 1973 be liable—

(i) in case the offence consists of the killing of any person, to imprisonment for life, or

(ii) in any other case, to imprisonment for a term not exceeding fourteen years;

(d) if he is convicted of an offence under the Criminal Justice (United Nations Convention against Torture) Act 2000 be liable to imprisonment for life;

(e) if he is convicted of an offence under the Criminal Justice (Safety of United Nations Workers) Act 2000 be liable either to suffer any punishment assigned for such offence by that Act or any lesser punishment awardable by a court-martial;

(f) if he is convicted of an offence under the Criminal Justice (Terrorist Offences) Act 2005, be liable to suffer any punishment assigned for such offence by that Act;

(g) if he is convicted of any offence not before in this section particularly specified which when committed in the State is punishable by the ordinary criminal law of the State, be liable, whether the offence is committed in the State or elsewhere, either to suffer any punishment assigned for such offence by law of the State or to suffer—

(i) if he is subject to military law as an officer, dismissal with ignominy from the Defence Forces or any lesser punishment awardable by a court-martial, or

(ii) if he is subject to military law as a man, imprisonment for any term not exceeding two years or any lesser punishment awardable by a court-martial.”;

(b) in section 192(2)(c) by inserting “or an offence under the Criminal Justice (Terrorist Offences) Act 2005” after “an offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000 ” (inserted by section 6 of the Criminal Justice (Safety of United Nations Workers) Act 2000 );

(c) in section 192(3) by inserting “or an offence under the Criminal Justice (Terrorist Offences) Act 2005” after “an offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000 ” (inserted by section 6 of the Criminal Justice (Safety of United Nations Workers) Act 2000 ).

Amendment of Extradition Act 1965.

57.—(1) Section 3(1) of the Act of 1965 is amended by substituting the following for the definition of “political offence”:

“ ‘political offence’ does not include any of the following:

(a) the taking or attempted taking of the life of a Head of State or a member of his family;

(b) an offence within the scope of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on the 20th of December, 1988;

(c) an offence within the scope of the International Convention for the Suppression of Terrorist Bombings adopted by resolution 52/164 of the General Assembly of the United Nations on 15 December 1997;

(d) an offence within the scope of the International Convention for the Suppression of the Financing of Terrorism adopted by resolution 54/109 of the General Assembly of the United Nations on 9 December 1999;”.

(2) Section 3 of the Act of 1965 is amended by the substitution, in subsection (1), of the following definition for the definition of “country” (inserted by section 47(a) of the Act of 2003):

“ ‘country’ includes—

(a) a place or territory for whose external relations a country, other than that place or territory, is (in whole or in part) responsible, and

(b) a place or territory for whose external relations the government of a country, other than the government of that place or territory, is (in whole or in part) responsible.”.

(3) Section 8 (amended by section 49 of the Act of 2003) of the Act of 1965 is amended by the substitution of the following subsections for subsections (1) and (1A):

“(1) Where by any international agreement or convention to which the State is a party an arrangement (in this Act referred to as an extradition agreement) is made with another country for the surrender by each country to the other of persons wanted for prosecution or punishment or where the Minister is satisfied that reciprocal facilities to that effect will be afforded by another country, the Minister for Foreign Affairs may, after consultation with the Minister, by order apply this Part—

(a) in relation to that country, or

(b) in relation to a place or territory for whose external relations that country is (in whole or in part) responsible.

(1A) Where at any time after the making of an order under subsection (1), a country becomes a party to an extradition agreement to which that order applies, the Minister for Foreign Affairs may, after consultation with the Minister, by order so declare, and this Part shall, upon the making of the second-mentioned order, apply—

(a) to that country, or

(b) if that country became a party to the extradition agreement concerned for the purpose only of its applying in relation to a place or territory for whose external relations that country is (in whole or in part) responsible, to that place or territory.”.

Amendment of Extradition (Amendment) Act 1994.

58.—The First Schedule to the Extradition (Amendment) Act 1994 is amended by inserting the following after paragraph 6B:

“6C. An offence under section 6 (1)(a), 9 or 11 of the Criminal Justice (Terrorist Offences) Act 2005.”.

Amendment of Criminal Procedure Act 1967.

59.—The Criminal Procedure Act 1967 is amended as follows:

(a) in section 13(1) by inserting “or the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence” after “the offence of killing or attempted killing under paragraph (h) or (j) of section 2 (1) of the Maritime Security Act 2004 ” (inserted by section 10 of the Maritime Security Act 2004 );

(b) in section 29(1) by inserting the following after paragraph (j) (inserted by section 10 of the Maritime Security Act 2004 ):

“(k) the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence.”.

Amendment of Bail Act 1997.

60.—The Schedule to the Bail Act 1997 is amended by inserting the following after paragraph 32:

“Suppression of Terrorism.

33.—Any offence under the Criminal Justice (Terrorist Offences) Act 2005.”.

PART 7

Communications Data

Interpretation of this Part.

61.—(1) In this Part—

“Act of 1993” means the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 ;

“aggregated data” means data that cannot be related to individual subscribers or users;

“data” means communications data;

“data retention request” means a request made under section 63 for the retention of traffic data or location data or both;

“designated judge” means the person designated under section 8 of the Act of 1993;

“Directive” means Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and protection of privacy in the electronic communications sector;

“disclosure request” means a request under section 64 for the disclosure of traffic data or location data retained in accordance with section 63 (5);

“Garda Commissioner” means the Commissioner of the Garda Síochána;

“processing” has the same meaning as in the Data Protection Acts 1988 and 2003;

“Referee” means the holder of the office of Complaints Referee under the Act of 1993;

“service provider” means a person who is engaged in the provision of a publicly available electronic communications service by means of fixed line or mobile telephones.

(2) A word or expression that is used but not defined in this Part and is defined in the Directive has the same meaning in this Part as in the Directive.

Application of this Part.

62.—This Part applies to data relating to communications transmitted by means of a fixed line or mobile telephone, but it does not apply to the content of such communications.

Retention of traffic and location data relating to communications by phone.

63.—(1) Subject to subsections (2) and (4), the Garda Commissioner may request a service provider to retain, for a period of 3 years, traffic data or location data or both for the purposes of—

(a) the prevention, detection, investigation or prosecution of crime (including but not limited to terrorist offences), or

(b) the safeguarding of the security of the State.

(2) The data retention request must be made in writing.

(3) Traffic data and location data that are in the possession of a service provider on the passing of this Act and that were retained by the service provider for the purposes specified in subsection (1) are deemed to have been the subject of a data retention request, but only if the 3 year retention period for the data has not elapsed before the passing of this Act.

(4) For the purposes of this Part, the 3 year retention period begins—

(a) in the case of traffic data or location data referred to in subsection (3), on the date before the passing of this Act on which the data were first processed by the service provider, or

(b) in the case of any other traffic data or location data, on the date on or after the passing of this Act on which the data were first so processed.

(5) Notwithstanding any other enactment or instrument, a service provider shall retain, for the purposes and the period specified in subsection (1), the data specified in a data retention request made to the provider.

(6) Nothing in this section shall be taken as requiring a service provider to retain aggregated data or data that have been made anonymous.

Access to data retained for law enforcement and security purposes.

64.—(1) Subject to subsection (7), a service provider shall not access data retained in accordance with section 63 (5), except—

(a) at the request and with the consent of the person to whom the data relate,

(b) for the purpose of complying with a disclosure request under subsection (2) or (3) of this section,

(c) in accordance with a court order,

(d) for the purpose of civil proceedings in any court, or

(e) as may be authorised by the Data Protection Commissioner.

(2) If a member of the Garda Síochána not below the rank of chief superintendent is satisfied that access to any data retained by a service provider in accordance with section 63 (5) is required for the purposes for which the data were retained, that member may request the service provider to disclose the data to the member.

(3) If an officer of the Permanent Defence Force not below the rank of colonel is satisfied that access to any data retained by a service provider in accordance with section 63 (5) is required for the purpose of safeguarding the security of the State, that officer may request the service provider to disclose the data to the officer.

(4) A disclosure request must be made in writing, but in cases of exceptional urgency the request may be made orally (whether by telephone or otherwise) by a person entitled under subsection (2) or (3) to make the request.

(5) A person who makes a disclosure request orally must confirm the request in writing to the service provider within 24 hours.

(6) A service provider shall comply with a disclosure request made to the service provider.

(7) Where all or part of the period specified in a data retention request coincides with the period during which any of the data specified in the request may, in accordance with law, be processed for purposes other than those specified in the request, this section does not prevent that data from being processed for those other purposes.

Complaints procedure.

65.—(1) A person who believes that data that relate to the person and that are in the possession of a service provider have been accessed following a disclosure request may apply to the Referee for an investigation into the matter.

(2) If an application is made under this section (other than one appearing to the Referee to be frivolous or vexatious), the Referee shall investigate—

(a) whether a disclosure request was made as alleged in the application, and

(b) if so, whether any provision of section 64 has been contravened in relation to the disclosure request.

(3) If, after investigating the matter, the Referee concludes that a provision of section 64 has been contravened in relation to the disclosure request, the Referee shall—

(a) notify the applicant in writing of that conclusion, and

(b) make a report of the Referee's findings to the Taoiseach.

(4) In addition, in the circumstances specified in subsection (3), the Referee may, if he or she thinks fit, by order do either or both of the following:

(a) direct the destruction of the relevant data and any copies of the data;

(b) make a recommendation for the payment to the applicant of such sum by way of compensation as may be specified in the order.

(5) If, after investigating the matter, the Referee concludes that no provision of section 64 has been contravened, the Referee shall notify the applicant in writing to that effect.

(6) A decision of the Referee under this section is final.

(7) For the purpose of an investigation under this section, the Referee is entitled to access to and has the power to inspect any official documents or records relating to the relevant application.

(8) Any person who was concerned in, or has information relevant to, the making of a disclosure request in respect of which an application is made under this section shall give the Referee, on his or her request, such information relating to the request as is in the person's possession.

Amendment of section 8 of Act of 1993.

66.—Section 8 of the Act of 1993 is amended by substituting the following subsections for subsection (1):

“(1) The President of the High Court shall from time to time after consulting with the Minister invite a person who is a judge of the High Court to undertake (while serving as such a judge) the duties specified in this section and section 67 of the Criminal Justice (Terrorist Offences) Act 2005 and, if the invitation is accepted, the Government shall designate the judge for the purposes of this Act and the Criminal Justice (Terrorist Offences) Act 2005.

(1A) Subsection (1) does not affect the functions of the Data Protection Commissioner under section 10 of the Data Protection Act 1988 .”.

Duties of designated judge in relation to this Part.

67.—(1) In addition to the duties assigned under section 8 of the Act of 1993, the designated judge shall—

(a) keep the operation of the provisions of this Part under review,

(b) ascertain whether the Garda Síochána and the Permanent Defence Force are complying with its provisions, and

(c) include, in the report to the Taoiseach under section 8(2) of the Act of 1993, such matters relating to this Part that the designated judge considers appropriate.

(2) For the purpose of carrying out the duties assigned under this section, the designated judge—

(a) has the power to investigate any case in which a disclosure request is made, and

(b) is entitled to access to and has the power to inspect any official documents or records relating to the request.

(3) Any person who was concerned in, or has information relevant to, the preparation or making of a disclosure request shall give the designated judge, on his or her request, such information relating to the request as is in the person's possession.

(4) The designated judge may, if he or she considers it desirable to do so, communicate with the Taoiseach or the Minister concerning disclosure requests and with the Data Protection Commissioner in connection with the Commissioner's functions under the Data Protection Acts 1988 and 2003.

PART 8

European Arrest Warrant

Application of this Part.

68.—The amendments effected by this Part (other than section 83 ) shall apply to European arrest warrants, and facsimile and true copies thereof, that are endorsed under section 13, or produced under section 14(7), of the Act of 2003 after the passing of this Act.

Issuing state presumed to comply with Framework Decision.

69.—The Act of 2003 is amended by the insertion of the following section:

“4A.—It shall be presumed that an issuing state will comply with the requirements of the Framework Decision, unless the contrary is shown.”.

Corresponding offences.

70.—The Act of 2003 is amended by the substitution of the following section for section 5:

“5.—For the purposes of this Act, an offence specified in a European arrest warrant corresponds to an offence under the law of the State, where the act or omission that constitutes the offence so specified would, if committed in the State on the date on which the European arrest warrant is issued, constitute an offence under the law of the State.”.

Obligation to surrender.

71.—The Act of 2003 is amended by the substitution of the following section for section 10:

“10.—Where a judicial authority in an issuing state duly issues a European arrest warrant in respect of a person—

(a) against whom that state intends to bring proceedings for an offence to which the European arrest warrant relates,

(b) who is the subject of proceedings in that state for an offence to which the European arrest warrant relates,

(c) who has been convicted of, but not yet sentenced in respect of, an offence to which the European arrest warrant relates, or

(d) on whom a sentence of imprisonment or detention has been imposed in respect of an offence to which the European arrest warrant relates, and who fled from the issuing state before he or she—

(i) commenced serving that sentence, or

(ii) completed serving that sentence,

that person shall, subject to and in accordance with the provisions of this Act and the Framework Decision, be arrested and surrendered to the issuing state.”.

European arrest warrant.

72.—Section 11 of the Act of 2003 is amended by—

(a) the substitution of the following subsections for subsection (1):

“(1) A European arrest warrant shall, in so far as is practicable, be in the form set out in the Annex to the Framework Decision.

(1A) Subject to subsection (2A), a European arrest warrant shall specify—

(a) the name and the nationality of the person in respect of whom it is issued,

(b) the name of the judicial authority that issued the European arrest warrant, and the address of its principal office,

(c) the telephone number, fax number and email address (if any) of that judicial authority,

(d) the offence to which the European arrest warrant relates, including the nature and classification under the law of the issuing state of the offence concerned,

(e) that a conviction, sentence or detention order is immediately enforceable against the person, or that a warrant for his or her arrest, or other order of a judicial authority in the issuing state having the same effect, has been issued in respect of the offence,

(f) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person in the commission of the offence, and

(g) (i) the penalties to which that person would, if convicted of the offence specified in the European arrest warrant, be liable,

(ii) where that person has been convicted of the offence specified in the European arrest warrant but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence, or

(iii) where that person has been convicted of the offence specified in the European arrest warrant and a sentence has been imposed in respect thereof, the penalties of which that sentence consists.”,

(b) the insertion of the following subsection:

“(2A) If it is not practicable for any of the information to which subsection (1A) (inserted by section 72 (a) of the Criminal Justice (Terrorist Offences) Act 2005) applies to be specified in the European arrest warrant, it may be specified in a separate document.”,

and

(c) the deletion of subsection (3).

Amendment of section 12 of Act of 2003.

73.—Section 12 of the Act of 2003 is amended by—

(a) the substitution, in subsection (2), of “issuing judicial authority or the issuing state, as may be appropriate,” for “issuing judicial authority”,

(b) the insertion of the following subsection:

“(3A) An undertaking required under this Act may be set out in the European arrest warrant or in a separate document.”,

(c) the substitution of the following subsection for subsection (4):

“(4) Notwithstanding subsection (3), the issuing judicial authority shall be deemed to have complied with subsection (1)—

(a) if facsimile copies of—

(i) the European arrest warrant, and

(ii) where appropriate, a translation thereof,

are transmitted by or on behalf of the issuing judicial authority to the Central Authority in the State, and

(b) where the Minister makes regulations under subsection (10), there is, in relation to those facsimile copies, compliance with the regulations.”,

(d) the substitution of the following subsection for subsection (5):

“(5) Notwithstanding subsection (3), the issuing judicial authority or the issuing state, as may be appropriate, shall be deemed to have complied with subsection (2)—

(a) if facsimile copies of—

(i) such undertakings as are required under this Act, and

(ii) where appropriate, translations thereof,

are transmitted by it or on its behalf to the Central Authority in the State, and

(b) where the Minister makes regulations under subsection (10) there is, in relation to those facsimile copies, compliance with the regulations.”,

(e) the substitution, in subsection (6), of “issuing judicial authority or the issuing state, as may be appropriate,” for “issuing judicial authority” in each place that it occurs,

(f) the substitution, in paragraph (b) of subsection (8), of “an issuing judicial authority or the issuing state, as may be appropriate,” for “a judicial authority in the issuing state”,

(g) the insertion, in subsection (8), of the following new paragraph:

“(c) a document referred to in section 11(2A) (inserted by section 72 (b) of the Criminal Justice (Terrorist Offences) Act 2005),”,

and

(h) the substitution of the following subsection for subsection (11):

“(11) In this section ‘European arrest warrant’ includes a document referred to in section 11(2A) (inserted by section 72 (b) of the Criminal Justice (Terrorist Offences) Act 2005).”.

Amendment of section 14 of Act of 2003.

74.—Section 14 of the Act of 2003 is amended by—

(a) the substitution of the following subsection for subsection (6):

“(6) Notwithstanding subsection (5), the High Court may order the release from custody of a person remanded in custody under this section if, at any time after the person has been so remanded, it appears to the High Court that a European arrest warrant has not been issued in respect of the person.”,

and

(b) the substitution of the following subsection for subsection (7):

“(7) Where, in relation to a person who has been remanded in custody under subsection (3), a European arrest warrant is transmitted to the Central Authority in the State in accordance with section 12—

(a) that person shall be brought before the High Court as soon as may be, and

(b) the European arrest warrant, or a facsimile or true copy thereof, shall be produced to the High Court,

and the High Court shall, if satisfied that the person is the person in respect of whom the European arrest warrant was issued—

(i) remand the person in custody or on bail (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence), and

(ii) fix a date for the purposes of section 16 (being a date that falls not later than 21 days after the date of the person's arrest).”,

(c) the substitution, in subsection (10), of the following definition for the definition of “Schengen alert”:

“ ‘Schengen alert’ means a document that—

(a) indicates that a European arrest warrant has been issued by a judicial authority in a Member State in respect of the person named in the document on such date as is specified in the document,

(b) has been transmitted by electronic means by or on behalf of the judicial authority concerned or the issuing state concerned, as may be appropriate, to the Garda Síochána, using equipment designed, or intended for use, for the purposes of the Schengen Information System, and

(c) is capable of being viewed by the Garda Síochána by means of equipment designed, or intended for use, for those purposes;”.

Amendment of section 15 of Act of 2003.

75.—Section 15 of the Act of 2003 is amended by—

(a) the substitution of the following subsections for subsections (1) and (2):

“(1) Where a person is brought before the High Court under section 13, he or she may consent to his or her being surrendered to the issuing state and, if he or she so consents, the High Court shall—

(a) if the European arrest warrant, or a facsimile or true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,

(b) if it is satisfied that—

(i) the person voluntarily consents to his or her being surrendered to the issuing state concerned and is aware of the consequences of his or her so consenting, and

(ii) the person has obtained, or has been afforded the opportunity of obtaining or being provided with professional legal advice before consenting to his or her surrender,

(c) if it is not required, under section 21A, 22, 23 or 24 (inserted by sections 79 , 80 , 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

(d) if the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto),

make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her.

(2) Where a person is brought before the High Court under section 14, he or she may consent to his or her being surrendered to the issuing state and, if he or she so consents, the High Court shall—

(a) upon production to the High Court of the European arrest warrant or facsimile or true copies thereof,

(b) if it is satisfied that—

(i) the person voluntarily consents to his or her being surrendered to the issuing state concerned and is aware of the consequences of his or her so consenting, and

(ii) the person has obtained, or has been afforded the opportunity of obtaining or being provided with, professional legal advice and representation before consenting to his or her surrender,

(c) if it is not required, under section 21A, 22, 23 or 24 (inserted by sections 79 , 80 , 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

(d) if the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto),

make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her.”,

(b) the substitution of the following subsection for subsection (3):

“(3) An order under this section shall take effect upon the expiration of 10 days beginning on the date of the making of the order or such earlier date as the High Court, upon the request of the person to whom the order applies, directs.”,

(c) the substitution, in subsection (5), of the following paragraph for paragraph (a):

“(a) the order takes effect in accordance with subsection (3) (inserted by section 75 (b) of the Criminal Justice (Terrorist Offences) Act 2005), or”,

and

(d) the substitution of the following subsection for subsection (7):

“(7) A person (to whom an order for the time being in force under this section applies) who is not surrendered to the issuing state in accordance with subsection (5) shall be released from custody immediately upon the expiration of the 10 days referred to in that subsection unless, upon such expiration, proceedings referred to in subsection (6) are pending.”.

Date of hearing in relation to European arrest warrant.

76.—Section 16 of the Act of 2003 is amended by—

(a) the substitution of the following subsection for subsection (1):

“(1) Where a person does not consent to his or her surrender to the issuing state or has withdrawn his or her consent under section 15(9) the High Court may, upon such date as is fixed under section 13 or such later date as it considers appropriate, make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her, provided that—

(a) the High Court is satisfied that the person before it is the person in respect of whom the European arrest warrant was issued,

(b) the European arrest warrant, or a facsimile or true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,

(c) where appropriate, an undertaking under section 45 or a facsimile or true copy thereof is provided to the court,

(d) the High Court is not required, under section 21A, 22, 23 or 24 (inserted by sections 79 , 80 , 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

(e) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto).”,

(b) the substitution of the following subsection for subsection (2):

“(2) Where a person does not consent to his or her surrender to the issuing state or has withdrawn his or her consent under section 15(9), the High Court may, upon such date as is fixed under section 14 or such later date as it considers appropriate, make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her, provided that—

(a) the European arrest warrant and, where appropriate, an undertaking under section 45, or facsimile or true copies thereof are provided to the court,

(b) the High Court is satisfied that the person before it is the person in respect of whom the European arrest warrant was issued,

(c) the High Court is not required, under section 21A, 22, 23 or 24 (inserted by sections 79 , 80 , 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

(d) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto).”,

(c) the insertion of the following subsection:

“(2A) Where the High Court does not—

(a) make an order under subsection (1) on the date fixed under section 13, or

(b) make an order under subsection (2) on the date fixed under section 14,

it may remand the person before it in custody or on bail and, for those purposes, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.”,

(d) the substitution of the following subsection for subsection (3):

“(3) An order under this section shall take effect upon the expiration of 15 days beginning on the date of the making of the order or such earlier date as the High Court, upon the request of the person to whom the order applies, directs.”,

(e) the substitution, in subsection (5), of the following paragraph for paragraph (a):

“(a) the order takes effect in accordance with subsection (3) (inserted by section 76 (d) of the Criminal Justice (Terrorist Offences) Act 2005), or”,

(f) the substitution of the following subsection for subsection (7):