[No. 50.]
Pt.6 S.40
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
‘‘First Protocol’’ means the Protocol drawn up on the basis of Article
K.3 of the Treaty on European Union to the Convention on the
protection of the European Communities’ financial interests done at
Brussels on 27 September 1996;
‘‘fraud affecting the European Communities’ financial interests’’ has
the meaning given to it by Article 1.1 of the Convention;
‘‘money laundering’’ has the meaning given to it by section 31 (as
substituted by section 21 of this Act) of the Criminal Justice Act,
1994;
‘‘national official’’, for the purposes of the application in the State
of Article 1.1(c) of the First Protocol, means any one of the following
persons:
(a) a Minister of the Government or Minister of State;
(b) an Attorney General who is not a member of Dáil Éireann
or Seanad Éireann;
(c) the Comptroller and Auditor General;
(d) a member of Dáil Éireann or Seanad Éireann;
(e) a judge of a court in the State;
(f) the Director of Public Prosecutions;
(g) any other holder of an office who is remunerated wholly or
partly out of moneys provided by the Oireachtas;
(h) any person employed by a person referred to in any of paragraphs (d) to (g) in the performance of that person’s
official functions; and
(i) a director of, or an occupier of a position of employment in,
a public body as defined in the Ethics in Public Office
Act, 1995,
and, for the purposes of the application in the State of Article 4.2 of
the First Protocol, any one of the following persons shall be treated
as a national official:
(i) a member of the Commission of the European Communities;
(ii) a member of the European Parliament;
(iii) a member of the Court of Justice of the European Communities;
(iv) a member of the Court of Auditors of the European Communities;
‘‘official’’ has the meaning given to it by Article 1.1(a) of the First
Protocol;
‘‘passive corruption’’ has the meaning given to it by Article 2.1 of
the First Protocol;
‘‘Protocol on Interpretation’’ means the Protocol drawn up on the
basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of
the European Communities of the Convention on the protection of
32