Could the Minister clarify absconding? If a person travels through the common travel area to the North, are they considered to have absconded from the State at that point, and if they come back?

I asked the Minister about how absconding was defined and if absconding comes into play if a person travels from the Republic up to the North. He then gave greater clarification. Here is my problem. He has absolutely no lawful way of policing that. There are no measurements. We discussed this on the previous amendment. We absolutely do not want any form of border infrastructure between the North and the Republic. That is where I find this really difficult. The Minister is asking us to vote through something that we…

Can I raise a matter of order? It is Committee Stage.

My question pertains to inserting a definition of "legal counselling". It is not a matter of order and it is actually a matter of clarification pertain to the committee's Standing Orders. I asked for a definition of "legal counselling". It was ruled out of order via a money message but legal counselling is provided for in the Bill as we discussed today. How can something in the Bill be ruled out of order via a money message when it is actually provided for in the Bill.

I thank the Ceann Comhairle.

Given that "legal counselling" is mentioned in amendments to section 26 of the Bill, it would be grossly irresponsible to leave it there undefined. If that is to be the case, could the Minister either define it or commit to removing it from the Bill?

The Minister is more familiar than I am with the legal principle of non-regression. Given the absence of a definition and the Minister's commitment to bring in another amendment, it will probably be the case that legal advice in person will no longer be available in the first instance. We can probably all take it at this point that this is where the Bill is going. The Minister might confirm that for me. He might then go further and confirm whether chatbots and AI are now on the table. Shamim Malekmian in the Dublin…

I do not expect the Minister was watching the justice committee meeting yesterday but I will give him a relevant sentence from the Free Legal Advice Centres: "Ireland’s system of civil legal aid may go from crisis to collapse altogether". It stated that would arise specifically from the implementation of the EU migration pact and its transposition. Yesterday, we heard the Legal Aid Board was on the point of collapse. That is the urgency that is required. Will the Minister confirm, because he did not do so previousl…

It is important to say that paralegals cannot provide individualised advice in that sense. In the context of this 12-week timeframe, individuals who come here may suffer from trauma that they cannot convey in the immediacy with which this pact will demand. They will not receive the appropriate level of advice through the mechanisms the Minister has laid out because they will not have a qualified person giving them access to information in a language they understand, relative to the timeframe they need to deal with …

I support Deputy Kelly's amendment. It is a shame we have even got to this point. Each time we say this Bill caters for the detention of children and that it is the first time in the history of the State that such legislation will be enacted, I get a sense from the Minister he does not think it is a fair description. Last week either he or the Minister of State said this was only for a 12-hour defined period and I think the phrase used was that it would be done when it was in the best interest of the child. There i…

I do not believe for a second we are being as cautious as is necessary. I do not believe we should be legislating for the detention of children or for the detention of people who have committed no crime. We already have a scenario where a significant amount of the population in our prisons is made up of our people awaiting deportations. That has created a multitude of injustices. It was captured by the Inspector of Prisons in terms of the overcrowding and all the tragedies that exist in our prison system at the mom…

It is very difficult because the Minister sounds very reasonable. He has told us that under only three conditions will a child be detained when it is in their best interests. That is fine, but we do not legislate for the Minister's good intent. There will be another Minister for justice and other Governments. There are people who will go further. We are already going further than we thought would be the case three years ago. We can accept the Minister has good intent, but that is not how legislation works. The Offi…

I move amendment No. 10: In page 23, between lines 24 and 25, to insert the following: “(3) (a) In the application and interpretation of this Act, the best interests of the child shall be a primary consideration in all matters affecting a person who is a minor or who is presumed to be a minor. (b) In determining for the purposes of paragraph (a) what is in the best interests of the child, the following factors shall be taken into account: (i) the views of the child, having regard to the child’s age and maturity; (i…

I appreciate that the Minister has said he will "consider" the amendment. Two weeks ago he said he would consider amendments, but I have not seen a huge amount of evidence of that. When we asked for the specification of the rights of the child to be clarified in the Bill, he said this may not be necessary. One of the factors he pointed to was the Constitution. The rights of the child are protected in the Constitution.

No, but the Minister said that the term "the best interests of the child" is in the Constitution. The rights of the family are also enumerated in the Constitution, but later tonight the Minister will obliterate the family reunification scheme. There is no consistency across the board in terms of the arguments or the merits. I have come to the conclusion that the Minister is probably going to vote against all of the amendments. That is fine; he is in Government and we are not. However, there is no way that 276 amend…

I will support Deputy Kelly’s amendment. There is an element of having your cake and eating it when it comes to the pact and the measures the Government says are required. When it requires safeguards, the Government seems to offer fewer. When it requires oversight, it seems to offer the bare minimum. I think that is what Deputy Kelly is getting at here. There is an absence of oversight and a consolidation of power in the Minister of the day for decades to come. It is a dangerous space when we operate without indepe…

Too often during this debate and for the past number of months we have heard this will be looked at and this will be assessed. There is very little confidence about the manifestation of those words as something tangible we can look at and scrutinise to see how it fits into our laws. It is one of the reasons this Bill is almost designed to fail. I am going to stick with the figure of 84% of people who claim asylum in this area doing so through the common travel area. I am sticking with that without evidential basis …

Britain has moved from being a safe third country because of its Rwanda policy. The Irish courts found that they could not ensure that people who were returned to Britain would be safe from harm. I accept that the policy of redesignating Britain as a safe third country is because we think Keir Starmer is a lot friendlier than Nigel Farage or whoever may be coming next, but that is the problem with legislating for the moment. Within a short space of time, we could have a scenario whereby Nigel Farage is the Prime Mi…

If the last hour has proven anything to me, it is that in many ways the Minister has got his way with bringing Committee Stage to the floor of the Dáil. There are 270 amendments and we will not get close to any of them. There will be no scrutiny of the Minister's family reunification changes that are horrendously cruel. There will be no scrutiny of the Minister's places of detention health screening. We may as well throw the amendment book out the window. Next week, we in the Social Democrats will pick a particular…

I thank the Minister of State for taking this Topical Issue. It is ironic that he holds the role as Minister of State with responsibility for older people when my Topical Issue relates to people on the other end of the life cycle. There is a desperate need for critical care expansion at the Rotunda Hospital. All of us have childhood memories that will stay with us for life. Mine come from about 31 years ago. My two younger brothers, Alan and Paul, were born quite prematurely, each weighing about 1 lb or 1.5 lb, and…