Amendments Nos. 19 to 21, inclusive, put forward by Senator Ruane are alternate to each other. I like the provisions of section 21. I have grave misgivings about the notion that we would extend the Statute of Limitations to seven years. However, my interpretation is that this can only apply in respect of summary prosecutions, that is, prosecutions in the District Court. In circumstances where something is prosecuted on indictment in the Circuit Court, the Petty Sessions (Ireland) Act does not apply. We are talking …

I am unsure whether I understand the reference to the Children Act. I wish to make a drafting point in respect of section 8. It begins "notwithstanding section 52(4) of the Children Act 2001". Section 52 was substituted for a new section 52 by section 129 of the Criminal Justice Act 2006. The reason I make the point is that one of the difficulties I have with the way we are passing legislation is that it is absolutely unnavigable for people who are not acquainted with the system. A person who googles section 52(4) …

I agree with what the other Senators said. I spoke at length with Deputy Howlin after one of the recent meetings of the Joint Committee on Justice about this matter. I understand that the Department believes that civil and criminal remedies should not be mixed. I do not agree with that. There are many statutes in Ireland that have both criminal offences and civil aspects to them. I agree with Senators Ruane and Doherty that this is a missed opportunity. These civil orders are much more accessible to many people and…

Section 9 amends the Schedule to the Bail Act to list the offences under this Bill as being serious offences for the purposes of section 2. Sometimes there is a political rush to suggest that people should not get bail. I am aware of Private Members' Bills that have come before the Houses providing that on the third strike people should not be allowed to get bail, which to my view is patently unconstitutional. As Members will know, section 2 of the Bill provides that bail can be refused solely on the basis that the…

With regard to this section, I welcome what is being proposed to broaden the scope of section 10 of the Non-Fatal Offences Against the Person Act 1997. I am fully in agreement with what the Minister of State is proposing to do in section 10(a) of this Bill with regard to subsection (1) of the Non-Fatal Offences Against the Person Act, which essentially creates the offence of harassment. Section 10(3) of the Non-Fatal Offences Against the Person Act 1997 creates a power for the court to prohibit a convicted person f…

Insurance companies and other financial institutions, including our retail banks, occupy a privileged position within our economy. It is a privileged position because they operate within a regulated, profitable and fair environment in this jurisdiction. I am not saying they should not be allowed to make profits but the recent report from the Central Bank shows the contempt in which they hold the operation of their businesses here. They clearly do not have respect for the consumers of this country whom they are supp…

I second the amendment. The words "compassion" and "discretion" have featured particularly in this debate. That is the most important way we can approach this very sensitive issue. In that regard, I fully support the Bill's aims. It is an entirely meritorious matter to bring before the House. I understand the circumstances behind the Senators' decision to sponsor this important Bill. Regarding compassion, Senators Higgins and Ruane mentioned a number of cases. Any one of those cases would cause anybody to think twi…

I wish to raise the issue of non-geographic numbers and premium rate services, which are provided by various institutions, companies and organisations throughout the country. Non-geographic numbers begin with 1800, 1850, 1890, 0818 or 076. These are reduced-cost services, often those provided by State agencies. This week marks one year since ComReg stepped in to ensure that the costs of those numbers are deducted from mobile bundles. The way people use telephones has changed dramatically in recent years. Prior to 1…

I just wanted to make one point in respect of Senator Higgins's comments. In the first instance, I recognise the intention behind the amendments because she identifies some important issues. Section 121 of the Bill inserts into the Act of 2015 three new sections, 51A, 51B and 51C. Section 51B refers to the power of an immigration officer or member of An Garda Síochána to arrest a person and bring a person to a place of detention. On the face of it, that sounds like a draconian power. I acknowledge what Senator Higg…

I am sympathetic to Senator Higgins' comments and she is quite right that we need to err on the side of consideration, protection and caution, particularly when it comes to minors or young people who are the subject of the proposed section 51B. This amendment applies to the proposed inserted section 51B, and particularly subsections (4) and (5) of that section. The difficulty I have is that when speaking to her amendment, Senator Higgins suggested that where we do not know a person's age, we should err on the side …

This morning we heard the unfortunate news from the Environmental Protection Agency that there are significant risks to the environment throughout the country. We have been made aware now that there are particular identifiable aspects that are causing damage to the environment and to water quality in particular. One of the references made by the chief executive, Laura Burke, on RTÉ's "Morning Ireland" programme this morning was to the discharge of untreated sewage into rivers and waterways throughout the country. T…

In many respects, I was too young when this happened to properly understand it. I do not think it is possible for a child to properly understand what was done to Pat Finucane and his family. I was old enough, however, to remember and know of it. When I grew into an adult and had what happened explained more fully, it was still difficult to understand the depth of that kind of thing happening in what was supposed to be a western democratic society. When we look at events like what happened to the Finucane family, it…

I propose to share my time with Senators Currie and Carrigy.

I am grateful to Senator Gallagher for allowing me to speak because I wish to put on the record my appreciation for the work the Minister has done in this area. The understanding and the commitment she has had in this area are reassuring and impressive. She has listed off a number of schemes that are already in place to address these issues. When I say "these issues", this is a huge area. We could spend, as the Cathaoirleach has indicated, days talking about the various aspects of violence: gender-based violence, d…

I also join with other Members who have congratulated the signatories to this Bill on the work involved in it. I do not know if I can say this definitively but physically it is probably the largest Private Members' Bill that has ever come before the House. There is an enormous amount of work in it and I recognise the acknowledgement of the work done by Dr. Maurice Manning and the committee which gave rise to this legislation. I know Dr. Manning very well. He was one of my lecturers and mentors, if I can say that, i…

Yes, there is also a lack of press coverage. I, of all people, would like to do more about that but it is not within my gift, unfortunately. Last week, when we debated the Bill brought forward by Senator Byrne and his colleagues, I said that in 2003, the then Senator Mary O'Rourke, who I believe was Leader of the House at the time, chaired a committee on Seanad reform to which I contributed. I had the privilege of sitting in the Seanad Chamber for the first time and making known my views on the Seanad. My views the…

Senator Norris said it last week in the debate. Unfortunately, I did not have time to contradict him but I will do so today. The Senators who are elected by local authority members around the country are democratically elected Members of this House. They are indirectly democratically elected in exactly the same way as the Taoiseach. Nobody ever suggests the Taoiseach is not democratically elected. He is, however, elected by a college of elected persons in the same way the 43 Senators in this House are elected by a …

I wish to raise the issue of local harbours. Recent changes in legislation have meant that harbour companies were abolished and their responsibilities were transferred to local authorities. That is welcome. Any element of local democratic involvement in the operation of harbours was removed in 2009 and councillors were removed from the boards of those companies. Harbours are now being administered by local authorities and the cost implications of that are significant, perhaps nowhere more so than Dún Laoghaire-Rath…

This type of legislation is welcome. I agree with almost everything Senator O'Loughlin said in her contribution introducing the Bill to the House. I commend her and her colleagues on bringing it forward. It is timely and, regrettably, it is also necessary. A number of Senators recounted the stories many of us will be aware of, including famous cases like that of Declan Flynn, where the most appalling injustice for nonsensical and incomprehensible reasons have been committed against people in this State. There is no…

I move: "That Seanad Éireann: notes: - the decision of Sinn Féin to accept a donation in excess of €4 million from the estate of William Hampton; - that the maximum donation allowable under Irish electoral law is €2,500 and that this donation to Sinn Féin is more than 1,600 times the maximum allowable donation; - that the will of Mr. Hampton specifically states that the donation is for ‘the political party in the Republic of Ireland known at this time as Sinn Féin’; - that the acceptance of this donation by Sinn Fé…