Criminal Justice (Terrorist Offences) Act 2005

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

51

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

“Definitions for, and operation of, sections 22B to 22I.

22A.—(1) For the purposes of sections 22B to 22I—

‘disposal order’ means an order under section 22C;

‘interim order’ means an order made under section 22B;

‘Minister’ means Minister for Justice, Equality and Law Reform;

‘property’ does not include moneys held in a bank;

‘respondent’ means—

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

( b) a person in respect of whom an interim 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 property to which such an order relates (being an order that is in force and is in respect of that person).

(2) Sections 22B to 22I shall not be construed to limit the generality of section 22.

Interim order respecting specified property.

22B.—(1) The Minister may apply ex parte to the High Court for an interim order under subsection (2) in respect of specified property where the Minister is of the opinion that it—

( a) is the property of an unlawful organisation, whether or not the property is in the possession or control of that organisation, and

( b) is forfeited to and vested in the Minister by virtue of section 22.

(2) On application under subsection (1), the Court may issue an interim order prohibiting any of the following from disposing of or otherwise dealing with the property specified in the order or from diminishing its value:

( a) any person in possession or control of the property;

( b) any person having notice of the order;

( c) any other person specified in the order.

(3) 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—

(i) any person named in the order, and

(ii) any other person who is or appears to be affected by it, unless the Court is satisfied that it is not reasonably possible to ascertain the person's whereabouts.

(4) On application by the respondent or any other person claiming ownership of any property specified in an interim order that is in force under this section, the Court may discharge or vary the order, as it considers appropriate, if it is shown to the Court's satisfaction that the property is not the property of an unlawful organisation.

(5) On application at any time by the Minister, the Court shall discharge an interim order.

(6) Subject to subsections (4) and (5), an interim order continues in force until the expiry of 12 months from the date of its making and then lapses, unless an application for a disposal order in respect of any property specified in the interim order is brought during that period.

(7) If an application for a disposal order is brought within the period allowed under subsection (6), 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 time for bringing any further appeal,

whichever is the latest.

(8) Notice of an application under subsection (4) shall be given by the respondent or other person making the application to—

( a) the Minister, and

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

(9) Notice of an application under subsection (5) shall be given by the Minister to—

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

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

Disposal order respecting specified property.

22C.—(1) Subject to subsection (2), where an interim order has been in force for not less than 12 months in relation to specified property, the High Court may, on application by the Minister, make an order authorising the Minister to dispose of the property as he sees fit.

(2) Subject to subsection (4), the Court shall make a disposal order in relation to any property that is the subject of an application under subsection (1) unless it is satisfied that the property is not the property of an unlawful organisation.

(3) The Minister 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) Before deciding whether to make a disposal order under subsection (1), the Court shall give any person claiming ownership of the specified property an opportunity to be heard by the Court and to show cause why the order should not be made.

(5) 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.

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

22D.—(1) At any time while an interim order is in force, the High Court may, on application by the Minister, make such orders as it considers necessary or expedient to enable the interim order to have full effect.

(2) The Minister 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 or disposal order may be expressed to apply to—

( a) any profit, gain or interest,

( b) any dividend or other payment, or

( c) any other property,

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

Evidence.

22E.—(1) Production in court in any proceedings of a document signed by the Minister and stating that the property specified in the document would, but for the operation of section 22, have been the property of an unlawful organisation is evidence that the specified property would, but for the operation of that section, have been the property of an unlawful organisation, unless the contrary is shown.

(2) A document purporting to be a document of the Minister under subsection (1) and to be signed by the Minister shall be deemed for the purposes of this section to be such a document and to have been so signed, unless the contrary is shown.

Seizure of certain property.

22F.—(1) Where an interim order or a disposal order is in force, a member of the Garda Síochána or an officer of customs and excise may seize any property that is the subject of the order for the purpose of preventing the property being removed from the State.

(2) Property seized under this section shall be dealt with in accordance with the directions of the High Court.

Compensation.

22G.—(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 a disposal order in relation to the matter is not made or, if made, is discharged, or

( b) an interim order or a disposal order is varied on appeal.

(2) On application under subsection (1) by a person who satisfies the Court that the person is the owner of any property to which—

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

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

the Court may award the person such (if any) compensation payable by the Minister 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 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.

22H.—For the purposes of this Part, sections 6, 7 and 9 to 13 of the Act of 1996 apply with the following modifications and any other necessary modifications as if an interim order or a disposal order made under this Part, or an application for such 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 or Minister shall be construed as referring to the Minister for Justice, Equality and Law Reform;

( b) a reference in any of the applicable provisions of the Act of 1996 to respondent shall be construed as defined in section 22A of this Act.

Immunity from proceedings.

22I.—No action or proceeding of any kind lies against a person in any court in respect of any act done or omission made in compliance with an order under any of sections 22B to 22D and 22H.”.