Fine Gaels motion on cluster bombs

international | rights, freedoms and repression | press release Thursday March 13, 2008 12:29 by Don - YFG

Taken from a press release from Billy Timmins TD to pull public funds from businesses helping to build cluster bombs. Thus proving Fine Gael are main party campaigning on human rights issues.

Source http://www.finegael.ie/news/index.cfm/type/details/nkey...y/653

"That these appalling instruments of death are still in existence is a stain on humanity and Fine Gael will do its part to end this unspeakable practice. Our Bill is the first step in the process of getting rid of cluster bombs forever."
-Billy Timmins TD.

Cluster Munitions Bill 2008

Explanatory Memorandum

Purpose of Bill

The Bill is by its short title an Act to prohibit the trade in Cluster Munitions and to provide for connected matters.

Provisions of Bill

Section 1 provides for the short title of the Bill

Section 2 is the interpretation section. It contains the definition of "trade in cluster munitions" which is the principal activity prohibited by the Bill and contains such activities as design, sale, transit, import and possession of cluster munitions.

Section 3 prohibits trade, investment or financing of cluster munitions by any person or body corporate and its officers.

Section 4 provides a defence to an offence committed under section (3)(1)(b) of the Act which provides that reasonable inspection of the records of a company that do not show trade in cluster munitions is sufficient for the purposes of relying the defence save under certain circumstances.

Section 5 outlines the penalties to be applied to a person who commits an offence under section 3 of the Act

Section 6 provides that any cluster munitions found be confiscated and destroyed at the expense of the owner and that any means used to facilitate the transit of cluster munitions may be confiscated by the Minister.

Section 7 provides reporting requirements for banks and financial institutions in relation to any monies loaned or invested in cluster munitions. It also explicitly prohibits the investment of any public funds in cluster munitions or in companies that trade in cluster munitions.

Section 8 creates a Register of Prohibited Investment in Cluster Munitions to be maintained by the Minister and communicated to details of the Register to the Central Bank and the Financial Regulator.

Cluster Munitions Bill 2008

As Initiated

ARRANGEMENT OF SECTIONS

Section
1. Short Title and Commencement
2. Interpretation
3. Prohibition on Sale, Design and Supply
4. Defence
5. Penalties
6. Confiscation
7. Reporting Requirements
8. Register of Prohibited Investment in Cluster Munitions

Cluster Munitions Bill 2008

BILL

entitled

An Act to Prohibit the Trade in Cluster Munitions and to provide for connected matters.

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1. This Act may be cited as the Cluster Munitions Act 2008.

2. In this Act,

"Cluster Munitions" means containers comprising explosive sub-munitions which are intended to disperse these sub-munitions over an area in order to detonate them before, on or after impact but shall not mean flare and smoke ammunitions or pyrotechnical chemicals,

"Minister" means the Minister for Foreign Affairs;

"Register of Prohibited Investment in Cluster Munitions" shall mean the Register created in section 7(1) of this Act;

"trade in cluster munitions" means development, design, production, purchase, sale, supply, procurement, import, export, transit, use, storage or possession of cluster munitions;

3. (1) (a) It shall be an offence for any person to trade in cluster munitions.

(b) It shall be an offence for any person to invest in or finance trade in cluster munitions or to invest in or finance a person involved in trade in cluster munitions

(c) It shall be an offence for any person to invest in or finance any person named on the Register of Prohibited Investment in Cluster Munitions.

(2) Where an offence under subsection (1) is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer or any person purporting to act in such capacity shall also be guilty of an offence.

4. (1) It shall be a defence to a prosecution under section (3)(1)(b) to prove that reasonable inspection could not have established that the investment or financing was of trade in cluster munitions or a person involved in trade in cluster munitions.

(2) The defence under subsection (1) is not available if the prospectus or, prior to initial investment, any one of the previous 5 annual reports, of the person or body invested in or financed disclose trade in cluster munitions.

5. A person guilty of an offence under this Act shall be liable --

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

(b) on conviction on indictment, to a fine not exceeding €1,000,000 or to imprisonment for a term not exceeding five years or to both.

6. (1) Any cluster munitions used to commit an act under section (3)(1) shall be confiscated and destroyed at the expense of the owner.

(2) Any means used to transport items subject to the prohibition in section (3)(1) may be confiscated by the Minister.

7. (1) Banks and other lending institutions established in Ireland shall provide a report to the Central Bank no later than 31st December in each year confirming that they have not invested in or financed trade in cluster munitions or any person involved in trade in cluster munitions.

(2) Trustees of Pension Funds established in Ireland shall provide a report to the Pension Board no later than 31st December in each year confirming that they have not invested in or financed trade in cluster munitions or any person involved in trade in cluster munitions.

(3) No public funds shall be invested in or used for the purpose of financing trade in cluster munitions or any person involved in trade in cluster munitions.

8. (1) The Minister shall by regulations establish and publish a register of persons outside of Ireland which trade in cluster munitions, to be known as the Register of Prohibited Investment in Cluster Munitions.

(2) The Minister shall by regulations provide for persons to be placed on and withdrawn from the Register of Prohibited Investment in Cluster Munitions.

(3) The Minister shall publish in Iris Oifiguil the names placed on and withdrawn from the Register of Prohibited Investment in Cluster Munitions and shall notify the Office of the Director of Corporate Enforcement and the Financial Regulator of such publication.