I move amendment No. 14: In page 20, to delete lines 13 and 14 and substitute the following: “(2) An application under subsection (1) may be made ex parte or on notice to the respondent concerned.”. These amendments relate to section 27, which creates a power for orders to be made. These amendments relate specifically to the mechanics of making those orders. In section 27(1), the power is created for that order to be made on an application before the court. Subsection (2), which is the subject of my amendment No. 1…

Is the Minister suggesting that my amendment is imperfect?

I appreciate very much what the Minister has said. I also appreciate that action will be taken. On that basis, I am happy to withdraw the amendment.

I move amendment No. 16: In page 20, between lines 14 and 15, to insert the following: "(3) The court, on application to it under subsection (1) for an order under this section, may, where it is of the opinion that it is necessary and proportionate to do so, require that the application be made inter partes or on notice to the respondent concerned.". Amendment, by leave, withdrawn.

I move amendment No. 18: In page 20, line 23, to delete "the applicant, or where relevant, a person" and substitute "the applicant or, where relevant, a person"

I move amendment No. 19: In page 21, line 3, after "to" where it secondly occurs to insert "both". Sections 29 to 45, inclusive, agreed to.

This is an important section and it is worth marking its passage. No amendment to it has been tabled but it is a very important measure that the Minister has put into the Bill. It is with regard to creating an environment where witnesses feel they can come forward and that when they do they will avail of the protection of the court system, never mind the State and whatever prosecutorial agencies there are. The availability of the possibility of anonymity for a witness giving evidence is tremendously important. It a…

It is worth noting as well that this is an important new provision this legislation will provide. As somebody who practices in the criminal courts, it is important to remember that the value of cross-examination cannot be underestimated. It is incredibly important for those accused of crimes to have the right to face their accuser and essentially test the evidence their accuser is giving. In the vast majority of cases, that is done through a representative such as a solicitor or, more often, counsel or a barrister …

I move amendment No. 21: In page 30, between lines 2 and 3, to insert the following: “Power for Minister to amend the Judges’ Rules by regulation 50. (1) The Minister may, where he or she feels it is in the interests of justice and efficiency, make regulations under this section, to amend Rule 9 of the Judges’ Rules to allow for the taking of statements from a person, otherwise than to require such a statement to be immediately recorded in writing, provided the statement is recorded in another form. (2) In this sec…

I move amendment No. 22: In page 30, between lines 2 and 3, to insert the following: “Amendments to Firearms Acts 1925 to 2006 50. The Firearms Acts 1925 to 2006 are amended— (a) by the repeal of subsections (12), (13) and (14) of section 12A of the Firearms and Offensive Weapons Act 1990 (as inserted by section 65 of the Criminal Justice Act 2006 and subsequently amended by section 40(c) of the Criminal Justice Act 2007), and (b) by the repeal of section 27C of the Firearms Act 1964 (as inserted by section 61 of t…

I will move and withdraw my amendments.

I move amendment No. 23: In page 30, between lines 2 and 3, to insert the following: “Amendment of section 27 of Misuse of Drugs Act 1977 50. Subsections (3E) and (3F) of section 27 of the Misuse of Drugs Act 1977 (as inserted by section 33 of the Criminal Justice Act 2007) are repealed.”.

I move amendment No. 24: In page 30, between lines 2 and 3, to insert the following: “Amendment of Criminal Justice Act 1990 50. The Criminal Justice Act 1990 is amended by the substitution of the following section for section 2: “Sentence for treason and murder 2. (1) Subject to subsection (2), a person convicted of treason or murder shall be sentenced to imprisonment for life. (2) Where a person is convicted of treason or murder and the offence for which that person has been convicted occurred before he or she ha…

I move amendment No. 25: In page 30, between lines 2 and 3, to insert the following: “Amendment of section 3 of Criminal Procedure Act 1993 50. Section 3 of the Criminal Procedure Act 1993 is amended by the insertion of the following subsection after subsection (2): “(2A) Where, on the hearing of an appeal against sentence, under subsection (2) the Court quashes a sentence which was imposed on a child, but the convicted person is then no longer a child, the Court may impose a sentence which could have been imposed …

I move amendment No. 26: In page 30, between lines 2 and 3, to insert the following: “Repeal of section 25 of Criminal Justice Act 2007 50. Section 25 of the Criminal Justice Act 2007 is hereby repealed.”.

I did not get a chance to address section 51 on Second Stage but it is a positive measure. I acknowledge the work done by my colleague, Senator Gallagher, in bringing forward Private Members' legislation, although it is not specifically about gardaí alone. This is an important step. With regard to the existing section 19 offence, I welcome the fact that the penalty is being increased, just as it has been increased for assault. The reality is that, when a judge goes to sentence, per the guidelines or directions set …

I move amendment No. 30: In page 32, between lines 3 and 4, to insert the following: "(b) by the insertion of the following paragraph after paragraph 8A: "8B. An offence under section 4 of the Criminal Justice (Miscellaneous Provisions) Act 2023 .",".

I move amendment No. 32: In page 32, between lines 15 and 16, to insert the following: “ Amendment of section 151 of Children Act 2001 54 . Section 151 of the Children Act 2001 is amended by the substitution of the following subsection for subsection (3): "(3) Subject to subsection (4), the Court shall specify, in its absolute discretion, which portion of a period for which a detention and supervision order is in force shall be spent by the child in detention in a children detention school and which portion under s…

I move amendment No. 34: In page 33, between lines 5 and 6, to insert the following: " Amendment of section 99 of Criminal Justice Act 2006 57 . Section 99 of the Criminal Justice Act 2006 is amended by the insertion of the following subsection after subsection (23): "(24) In criminal proceedings involving a person who, at the time the offence was committed, had not reached the age of 18 years, the provisions of this section shall apply as if the term ‘imprisonment’ were ‘detention’.".".

I move: "That Seanad Éireann resolves that sections 2 to 4, 6 to 12, 14 and 17 of the Offences against the State (Amendment) Act 1998 (No. 39 of 1998) shall continue in operation for the period beginning on 30th June, 2023 and ending on 29th June, 2024."