I again want to thank the Deputy for putting forward this amendment. I appreciate the spirit in which it has been tabled, but unfortunately because the amendment, as proposed, specifically relates to ensuring there are greater efficiencies and avoiding disruption, in a sense it ties the hands of the court, in particular where issues arise where there is an interest of justice that needs to be looked at where emerging evidence has arisen. It is always within the scope of a judge to accept or reject a request for thi…

I fully agree with most of the comments that have been made. There is significant value in keeping our legislation under review. It is a crucial part of the process in ensuring that the laws we implement will impact and work for citizens as we intend them to. Deputies will be aware of the long history of this Bill, which has been drafted in close consultation with a number of key specific stakeholders, and it took considerable time to arrive at this proposal, one that is workable and legally sound. My concern, whic…

I stress that I agree with all Deputies in this House on the need to review the way in which legislation is monitored, reviewed and managed after its enactment. Until that is done, however, it would be inappropriate to specify that a review be carried out after three years, as this amendment seeks to do. The example of the Children's Act 2001 has been used. If that Bill had been reviewed after three years, I am not sure that the issue which has suddenly arisen in the last few months would have been identified. It i…

I move: "That the Bill be now read a Second Time." I will start by thanking Senator McDowell and the other proposing Senators for introducing this Bill in the Seanad. It has now passed all Stages in the Seanad, with some Government amendments and with Government support. I acknowledge the Private Members' Bill proposed by Deputy Jim O'Callaghan, which addresses the same issue, and I thank him and Senator McDowell for their co-operation on this matter. This Bill is in response to issues arising from the recent decis…

A copy should have been given out.

I thank all of the Senators for their contributions, particularly Senator McDowell. I have reflected on the points from last week and I appreciate the spirit of co-operation there has been. Senator McDowell's amendment has not been put forward to change policy or the context but to change the form. I know there are merits to this approach and it is not that we just go with what the norm is because that is the way it has always been done and therefore that is the way it should be done in the future. There are a numb…

I reassure the Senator there is flexibility. While I have said that subsection (a) does not apply where the child is deceased or where there is only one living child involved, a court may still apply a flexible approach where there is only one child living and it needs to give consideration to the impact on that child if their sibling is deceased. That flexibility remains within the legislation. It does not mean that people automatically cannot name the sibling because of the deceased child. Subsection 2A essential…

I thank Senator McDowell and other Senators for the manner in which they have worked with my Department and me to ensure the speedy passage of this legislation in order that we can implement change and address the concerns that have been raised. A number of issues have arisen since Senator McDowell published this Bill which I propose to address in these amendments. Amendment No. 1 proposes to delete all of section 1, namely, lines 9 to 33 of the Bill, which propose to replace section 252 of the Children Act 2001 wi…

I thank Senator McDowell for his amendment. It is important to stress the co-operative and collegiate approach in which this legislation has been approached. I asked my officials to consider the amendment he proposed and the possibility of accepting it. As Senator McDowell has said, the policy is the same and what we are trying to achieve here is essentially the same. The advice I have been given is that it would be best practice to amend rather than repeal the section. I fully agree that legislation needs to be le…

I will outline the advice we have received. On the substitution of section 252, this would constitute a repeal and re-enactment with modifications which then engages section 26(2) of the Interpretation Act. The implications of the application of section 26(2) would need to be carefully considered and that it is not possible in the timeframe involved. The advice is that amending section 252 is more transparent and clearer to the reader of the Bill, including to Members of the Houses, although there are different vie…

I will address three points. The first is Senator McDowell's amendment. I am not suggesting the amendment will change the substance of the policy or content of the Bill, it is simply a sense that replacing the sections and changing subsection numbers might create a difficulty. It is important that every Member is clear about what has changed, to try to avoid any confusion with references to subsections. Report Stage is scheduled for next Friday and I am happy that we can re-examine that or look at the Interpretatio…

Section 252 creates a criminal offence and, therefore, there is a need that people, including the media, the courts and even the Director of Public Prosecutions, know in advance the date on which the new provisions will come into force. We will not know in advance the date on which the President will sign the Bill, and there can be a short delay as a new Act is promulgated before it becomes a matter of public record. My officials will be advised as soon as the President signs the Bill and I can then sign the commen…

I thank the House for the opportunity to speak on the Health (Amendment) Bill 2021. The Government this week took the decision to extend significant restrictions. This was not a decision we took lightly but while reflecting on a number mentioned by many Deputies today, namely, those 4,237 people who have died because of Covid-19. Everything we are doing is to keep that number as low as possible. However, our schools are beginning to reopen and we will again review the current level of restrictions in April. It is o…

I thank Senator McDowell and the other proposing Senators for bringing this Bill before the Seanad. As we are all aware, and as the Senator and others have clearly explained, the Bill is in response to issues from the recent decision of the Courts in DPP and EC v . The Irish Times and others. Section 252 of the Children Act 2001 contains mandatory reporting restrictions where the trial relates to "an offence against a child or where a child is a witness in any such proceedings". Mr. Justice Birmingham, in the Court…

I move: "That Second Stage be taken now."

I move: "That the Bill be now read a Second Time." I am pleased to bring the Criminal Procedure Bill 2021 before the House. It is a relatively short Bill, the primary purpose of which is the introduction of preliminary trial hearings. The need for these hearings has been agreed and their implementation has been called for over many years. The programme for government highlights the introduction of legislation to provide for preliminary trial hearings as a priority, and a number of reports have highlighted their pot…

I thank all Deputies for their comments and their support for this Bill. It is clear that there is overwhelming support from all Members for the many reasons we have all touched on. The Bill will ensure that we have more streamlined, efficient and effective criminal proceedings. Particularly in the context of juries and jurors, it will enable us to create a system where they know that when they are called to jury duty they will have a start time and, potentially, a clearer outline of the work they have to do and th…

I move: That the Bill be referred to the Select Committee on Justice pursuant to Standing Orders 95(3)( a ) and 181(1).

There are currently three vacancies on the national courts; one on the Supreme Court, one on a Circuit Court and one on a District Court. As I outlined to the House on 26 November, it has been the practice to maintain a vacancy on the Supreme Court due to the reduction in waiting times achieved in that court in recent years. However, this arrangement is always kept under review, having regard to emerging pressures, planned retirements or any other issues.  When I met with the Chief Justice last week, he restated to…

I reassure the Deputy that bringing forward legislation to establish a new commission to replace the JAAB is a commitment of the programme for Government. I have committed to doing this as quickly as possible. It is important that we have a very clear process and that people understand it. I have just outlined the current process. I have adhered to that process at every stage of the six appointments that have been made since I became Minister, but it needs reform. As the Deputy said, there has been a lengthy debate…