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The Parliamentary Committee on Legal Affairs, Justice and Public Order met today, Wednesday, 16 February 2022, and discussed the following matters:
1. a. The Commercial Court and Admiralty Court Act of 2019.
(Fak. No. 23.01.060.108-2019)
b. The Courts (Amendment) Act, 2019.
(No. Fak. 23.01.060.060.109-2019)
The Committee continued discussion of the above bills, the purpose of which is, the first, to establish a Commercial Court and a Maritime Court to hear commercial disputes and maritime cases, respectively, and, the second, to amend the Courts of Justice Act to make the provisions relating to the powers of the High Court and the District Courts consistent with the proposed provisions of the first bill.
The subject of discussion on the revised text of the Bills was the use of the English language before the Commercial Court and the Maritime Court to be established.
Having concluded the discussion, the Commission reserved its position on the provisions of the Bills at its next meeting.
2. The Third Amendment to the Constitution Act, 2022
(Fak. No. 23.01.063.023-2022)
The Committee continued its discussion of the above bill, the purpose of which is to amend the Constitution to provide for the use of the English language before a court of a particular jurisdiction when the interests of justice are served.
The subject of discussion on the revised text of the Bill was the use of the English language both before the Commercial Court and the Maritime Court being established and in proceedings before a higher court.
The Commission, having concluded the discussion, reserved its position on the provisions of the Bill at its next meeting.
3. a. The Police (General) (Amendment) (No. 2) Regulations, 2021
(Fak. No. 23.03.058.085-2021)
b. The Special Constables (Appointment Procedure and Conditions of Service) (Amendment) Regulations 2021.
(File No. 23.03.058.086-2021)
The Commission continued discussion of the above regulations, the purpose of which is to amend the Police (General) Regulations and the Special Police (Appointment Procedure and Conditions of Service) Regulations, respectively, to:
a. (a)
b. to clarify that psychometric examinations are carried out following a written examination of the candidates and that their success in these examinations is a prerequisite for their participation in the other examinations provided for in the basic regulations being amended, which they must attend in order to be recruited into the police force,
c. to provide the Recruitment Board with the power to determine the order in which the examinations to which successful candidates in the written and psychometric examinations for recruitment to the Police must attend shall be held,
d]d. not requiring candidates who have successfully passed a medical examination in the last twelve months in another Police recruitment process for a Police Officer or Special Constable post to resubmit to a medical examination;
e. clarify that qualification for appointment to the Police in relation to height and body mass index will be established following an examination conducted by the relevant committee.
Further, the second regulations referred to introduce a provision, by analogy with that in the Police (General) Regulations, that no person may be appointed to the Police as a Special Constable unless he has been subjected to a drug test with a negative result.
During the discussion on the revised text of the Regulations, the Commission expressed concerns and reservations in relation to the provisions of the Regulations and requested the Ministry of Justice and Public Order to submit a revised text of the Regulations.
4. The Mediation in Family Disputes Regulations 2020.
(Fak. No. 23.03.057.049-2020)
The Commission continued discussion of the above regulations, the purpose of which is to regulate the registration fee for the Registry of Family Dispute Mediators, the mediator's fee for conducting mediation, and the specific training required for registration in the Registry of Family Dispute Mediators.
The subject of discussion on the revised text of the Regulations was the conditions relating to the duration of the special training required for registration in the Register of Family Dispute Mediators.
5. The Combating Terrorism and Protection of Victims (Amendment) Act, 2021.
(No. Fak. 23.01.062.186-2021)
The Committee continued the discussion of the above bill, the purpose of which is to amend the Combating Terrorism and Protection of Victims Act to more correctly transpose "Directive (EU) 2017/541 of the European Parliament and of the Council, of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA" in relation to certain articles indicated by the European Commission.
The Commission, having concluded the debate, reserved its position on the provisions of the draft at its next meeting.
6. The Prevention and Combating of Money Laundering (Amendment) (No. 4) Act, 2021
(No. Fak. 23.01.062.228-2021)
The purpose of the Bill is to amend the principal Act:
a. to effectively implement:
i. certain provisions of Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing and confiscation orders;
ii. certain provisions of Part Three, Title XI of the Agreement on Trade and Cooperation between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, concerning freezing and confiscation,
iii. Articles 7(2)(c) and 19 of the Council of Europe Convention on the Suppression, Search, Seizure and Confiscation of the Proceeds from Crime and the Financing of Terrorism, which has been ratified by a ratification act;
b. for harmonization with the act of the European Union entitled "Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules to facilitate the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences and repealing Council Decision 2000/642/JHA";
c. to amend existing articles of the Basic Law in order to make their implementation more effective.
The Commission, having taken a position on the provisions of the above bill, decided to submit the bill to the plenary session of the House, after the consultation stage on amendments that may be tabled by MPs, members and non-members of the Commission.
7. The Protection of Individuals with regard to the Processing of Personal Data and the Free Movement of Personal Data (Amendment) Act, 2021
(No. Fak. 23.01.062.219-2021)
8. The Protection of Individuals with regard to the Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Sanctions and for the Free Circulation of Such Data (Amendment) Law of 2021.
(File No. 23.01.062.220-2021)
The Committee decided to refer the above bills, with respect to which no amendments were submitted, to the full House.
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Secretariat of the Parliamentary Committee on Legal Justice and Public Order
Email: parliamentary-commitees@parliament.cy
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