Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: Instruction to Committee
Dail Éireann — 2026-06-10
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Alan Kelly (LAB), Tipperary North

Yes, but if the Minister were sitting here a few years ago, there is no doubt he would be saying what I am saying. I recall quite clearly his criticism of the previous Minister for justice, whom he now sits beside, in relation to lots of legislation. I have to be honest about this. This is no way to do legislation. For instance, the disregard is such an important topic on its own. The issues in relation to the ICC Act and the Rome Statute are critical. They have potential domino impacts on the triple lock discussion, which I will point out in a second. In addition, from the point of view of the administration of democracy, it is borderline impossible for us to do our jobs here because of the manner in which this is constructed with the cross-references, from a legislative point of view, the drafting, the manner in which we have to approach it and the volume of legislation covered.. Even versioning is a problem in relation to this Bill.
In relation to the disregard of convictions for historical offences for people in same-sex relationships, I acknowledge all the work that has been done by many different people down through the years. I have named them in the House previously. I am delighted that the Minister is dealing with this issue and that he has honoured that commitment. I also acknowledge over a decade's work by my colleague Deputy Ged Nash who has been in the Minister's ear about this since he was appointed. It is very rare you get to say it about the person sitting beside you, but, as a colleague whom I have known for many years, Deputy Nash has continuously been on about this for well over a decade. I acknowledge that while he is present.
The second issue is relates to the ICC Act and the Rome Statute. I want to reference part of this and, particularly, the issue of the four components in relation to the act of aggression. Where there is an act of aggression by a state, the crime requires that the act "by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations". Not every unlawful use of force will give rise to a manifest charter violation. However, since the ICC has not previously prosecuted in this regard, there is a possibility here, basically, of unintended consequences if the Government gets rid of the triple lock, and that is what I am trying to warn the Minister about.

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Retrieved: 2026-09-28T05:50:47+00:00
Sitting date: 2026-06-10