These amendments address an issue identified in a 2018 case where it was found that the Court of Appeal cannot impose a sentence of imprisonment on an adult who had been initially sentenced as a child to children's detention. Amendment No. 21 provides that the sentence in such cases will not preclude a sentence which could have been imposed at the court of trial if the person had reached the age of 18 at that time. This will allow for a sentence of imprisonment to be imposed at appeal stage. By exception, where the…

These are a number of technical and typographical amendments. They are grouped together for consideration, as the Leas-Cheann Comhairle outlined. Amendment No. 7 reflects the change in name of what is now the Department of Public Expenditure, National Development Plan Delivery and Reform. Amendment No. 11 is a transitional provision to ensure that medical evidence certificates signed prior to the changes made to section 25 of the 1997 Act coming into effect will remain valid and will not be affected. Amendments Nos…

Amendment No. 33 provides for consequential amendments to the Broadcasting and Other Media Regulation Acts 2009 and 2022 arising from the new offences introduced under this Act. It follows the pattern in those Acts of scheduling matters that might be subject to regulation of online media and covers the new offences provided in this Bill related to stalking, harassment and non-fatal strangulation. It also covers the new anonymity provisions in relation to the harassment and stalking offences, and indeed the breaches…

These amendments provide for further enhancements to the stalking and harassment measures in the Bill. Amendments Nos. 8 and 10 complement the provisions around non-contact orders which may be imposed as a result of a conviction for stalking and harassment offences. They will ensure that such orders are properly notified and provided in writing to the relevant parties, including the alleged victim and local gardaí. This facilitates the enforcement of the order and, of course, a potential prosecution for breach. Ame…

I was listening and just want to clarify a point. The victim can obviously waive their right to anonymity and that then applies to the person in question that there is not a restriction on naming who they are. Also if the victim is going directly to the judge-----

As is the case generally, it is that they make their views known to the judge and the judge then makes that decision and allows that to apply. The person can obviously make that decision and it is not for the judge to apply that. In terms of access to the court, if it is required on a quick basis, there is the ex parte approach that An Garda Síochána can apply on their behalf and make sure that this happens as quickly as possible and that there is no delay. As for the eight days, we obviously have to give the other…

Again, I acknowledge this issue was raised when we were processing Coco's Law. I appreciate it takes time but I am absolutely confident this will enhance that Bill.

We got there, as is generally the case but it is a welcome addition for anybody who is in this situation.

Provision was made in section 14C(2) of the Criminal Evidence Act 1992 that where a person is accused of a sexual offence and the alleged adult victim is to give evidence, the court may direct that the accused may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require it. This amendment essentially broadens the scope of this protection to cover "relevant offences" within the meaning of the 1992 Act, which includes offences involving violence or the threat o…

This amendment increases the maximum penalty for assault on gardaí and other peace officers from seven years to 12 years. We are all conscious of the dedication and commitment of our front-line workers and the risks they take in the course of their duties. Any police force, but an unarmed force in particular, depends on absolute respect for the safety of its officers. We cannot accept any violence at any level. While such incidents are rare, there has, sadly, been an increase in them, and we as legislators must sen…

The Deputy is right that this is not a panacea. This will not deal with or respond to all incidents. We need to try to support the Garda. Going back to our conversation last night, it is about making sure the Garda has the necessary resources, numbers and technology, particularly making sure gardaí have body-worn cameras. It has been shown in other jurisdictions where they have been introduced that they benefit the police when they arrive on the scene of an incident or crime in obtaining the first pieces of evidenc…

The Mental Health Review Board, MHRB, is a quasi-judicial body responsible for the review of the detention of patients in the Central Mental Hospital. Currently, paragraph 1 of Schedule 1 of the Criminal Law (Insanity) Act 2006 outlines the requirements of the membership of the board. There must be a chairperson and such number of ordinary members as determined by the Minister in consultation with the Minister for Health. As it stands, the chairperson must have ten years' experience as a practising barrister or pra…

These amendments correct certain drafting and cross-referencing issues in the Communications (Retention of Data) Act 2011 arising from the amending Act in this area, which was passed last year. I draw attention in particular to the amendments to subsections 77(e), (f), (j) and (k) of the Bill relating to applications to a judge. Under the 2011 Act, as amended, applications for data must be approved by a judge. Applications are made on an ex parte basis, with the relevant agency present, such as An Garda Síochána. T…

Am I taking amendments Nos. 1 to 4, inclusive, together? They are related.

They are all connected and one is consequential on the other so I will address them together, if that is okay. Essentially, this section allows An Garda Síochána to undertake focused monitoring, particularly through the use of automatic number plate recognition, ANPR. For example, if An Garda Síochána felt a particular person with a particular car needed to be monitored, it could get permission to be alerted if that car passed an ANPR monitor. Under the section, permission or approval would have to be sought from a…

To clarify, section 17(1) includes a section 17(1)(a) and a section 17(1)(b), the latter of which reads "has been authorised by a judge of the District Court under section 18 ." Section 18 states: "If an approval under section 17 has been granted and a member of the Garda Síochána not below the rank of superintendent believes that focussed monitoring of the vehicle concerned for more than 3 months [...] is justified" the matter will go to the District Court. For up to three months, approval may be granted by an off…

Section 17 relates to utilising ANPR. That is why it says "or" before referring to section 18. I assure the Deputy that this "or" applies only up to three months. Anything beyond three months must go to the District Court.

That is, perhaps, not the example to use, but any arrestable offence, yes.

I will speak on the oversight, because obviously what the Deputy is trying to suggest is there would be oversight of the District Court judge by the Circuit Court judge in this instance.

What I can say is that, each year, a High Court judge will have to report to the Taoiseach on the operation of a number of sections, but in particular where we have this focused monitoring. That judge would have to look at how this has been applied and where it has been approved. Certainly, if there is anything that arises where it potentially has been abused or not applied in the right way, that is something the High Court judge would have to report on. There is that level of oversight there in the fact this has t…