Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: From the Seanad
Dail Éireann — 2026-07-15
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Jim O'Callaghan (FF), Dublin Bay South

These amendments, in fairness to Deputy Carthy, arise as a result of an amendment he tabled on Committee Stage and Report Stage in the Dáil. I accepted his amendment, which inserts a new section into the Criminal Justice Act 1993 to provide that where a person is convicted of any indictable offence, character evidence for sentencing purposes must be given on oath or by affidavit. That amendment was included as section 17 of the Bill as passed by the Dáil. The purpose of amendments Nos. 20, 21 and 22 is to tighten up the drafting and address a number of drafting and consequential matters arising.
Amendment No. 20 deletes the existing section 23 of the Bill as passed by the Dáil and amendment No. 22 inserts in its place a new stand-alone provision, which is substantively the same, but is more precisely drafted and contains a transitional provision. Amendment No. 21, therefore, repeals that provision to prevent duplication on the Statute Book.
Amendment No. 23 inserts a new Part into the Bill to amend the Criminal Justice (Public Order) Act 1994 to address a specific public order issue, which is the deliberate use of face coverings for intimidatory purposes in public places, and particularly at protests. I stress that this is not a ban on face coverings, nor a ban on wearing face coverings at protests, nor does it create a general power for An Garda Síochána to require a person wearing a face covering in public to remove it. It is a limited addition to the public order framework, which may be exercised only in specific circumstances. The amendment provides that, where a member of An Garda Síochána suspects with reasonable cause that a person is acting in circumstances that give rise to a reasonable apprehension about public safety or for the maintenance of public peace and that the person is wearing the face covering with intent to intimidate another person or in a manner likely to intimidate another person, the garda may direct that person to desist from the conduct, remove the face covering and leave the vicinity. An offence only arises where a person "without lawful authority or reasonable excuse" fails to comply with that Garda direction. It will still be the case that people will be able to wear face masks for religious and cultural reasons and, even at a protest, people will still be able to wear a face mask. They may not want people to know they are there. The only time this public order offence would be triggered is in circumstances where a person is seeking to intimidate other people or it is likely a person's behaviour will intimidate them.
Amendment No. 89 amends the Long Title.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-07-15/debate/main
Retrieved: 2026-09-14T01:01:08+00:00
Sitting date: 2026-07-15