Lynford Simpson, Staff Reporter
TWO pieces of legislations aimed at uncovering criminal activity were passed in the Senate Friday with support from both sides of the House.
Senate approval comes weeks after the Interception of Communications (Wire-tap) Bill was passed and amendments to the Money Laundering Act, approved in the Lower House.
The Money Laundering Act was amended to allow for the inclusion of money transfer and remittance agencies to be regarded as financial institutions.
Both pieces of legislations were approved after lengthy debate.
Remittance service companies are now required to make reports and declarations and Senator Burchell Whiteman who piloted the Bill said there was already a high level of compliance. "It's really a matter of regularising a situation which exists," he said.
The agencies are now required to report to the Director of Public Prosecutions transactions of US$50,000 or equivalent. They will also be required to report all suspicious transactions.
When he piloted the Bill in the Lower House last month, Dr. Peter Phillips, National Security Minister, said intelligence had revealed that remittance services provided an avenue through which persons connected to the drug trade launder their money. He said the move was aimed at plugging the loophole.
The Judiciary is now fully empowered to order the tapping of the telephones of persons suspected of being involved in criminal activity. Previously, wire-taps could only be ordered by the Prime Minister.
Senator Burchell Whiteman said an exception is made in clause seven to allow the judge to dispense with the requirements for a written application and affidavit and proceed to hear an oral application for the warrant if the circumstances are deemed to be urgent. If the warrant is issued, the applicant must submit the written application and affidavit within 72 hours. A telephone cannot be tapped unless a warrant is issued.
Ossie Harding, Leader of Opposition Business in the Senate, supported the Bill, even while pointing to the individual's right to privacy. He said, however, that certain actions may be necessary to protect the interest of the state which is the "common good of all". "We are not quarrelling against that (the Bill) providing protections are there to protect the individual," he said.
Brian Wallace, Opposition Senator, noted that the ambit of the Bill takes in not just telephone conversation but communication from one computer to the next. As such he said e-mails are subjected to the legislation.
Independent Senator Trevor Munroe in supporting the Bill, commended the Executive for being consistent in transferring some of its authority to the Judiciary.
