I thank Senators for agreeing to take this motion at relatively short notice. The motion relates to a proposal to strengthen and develop Europol to increase the services it provides to European Union member states within the boundaries of the mission and tasks of the agency as laid down in Article 88 of Treaty on the Functioning of the European Union. The deadline for opting in to the proposal under Article 3 of Protocol No. 21 is 3 May 2021. Opting in under Article 3 will allow Ireland to take part fully in the ad…

I thank the Senators for their contributions and their broad support for this proposal. This legislative initiative is part of a package of measures presented by the Commission in December 2020 to reinforce the Union's response to the threat posed by terrorism. Since the 2016 regulation came into force the operational support provided by Europol's counterterrorism centre has increased fivefold. Although the full impact of the Covid-19 crisis on security is not yet apparent, it is expected to shape the landscape of …

The issues around opening and closing will be revisited when the amendments to section 12 are discussed and I will address them at that point. It is similar with section 11 around court rules. In regard to the issue of the Minister being given powers to decide which offences are included, the Bill goes into detail on section 5 as to what the requirements are for the Minister to decide what will and will not be included. I expect there will be consistency in terms of approach when we look at the details under sectio…

I will seek clarification. I suspect and understand that either aiding or abetting after the fact would cover it but I will get absolute clarification.

I am in something of a difficult position in that this is the Minister's Bill and I cannot step into her mind. I certainly cannot step into the mind of any future Minister. As I understand it, this is to be used only where there has been considerable consultation. I reiterate that if an order is to be made, it must be laid before the Houses under section 5(4). Any Minister, whether it is the current Minister or one of her successors, will have to lay any such order before the Houses, regardless of his or her intent…

I could not put it any better than Senator McDowell has put it. I think the amendment is going to be withdrawn.

Senator McDowell gave a very good example of where I would expect a judge would require somebody to be arraigned when he or she is going to challenge that type of evidence in sexual cases. I made a section 4E application once in a manslaughter by omission case. At that time there was no precedent and there was a question as to whether it was even an offence here. Sometimes, there are challenges around the book of evidence and admissibility. There are occasions when a court will decide that somebody should be arraig…

For my part I welcome amendments from both Government and non-Government Members. It helps to improve legislation, which is hugely welcome. It probably is a departure from times past but it is a welcome departure. I am not minded to accept the amendment for the reason that what the Senators, with the exception of Sinn Féin, are trying to do is already done in the Bill. I refer to section 6(8)(f), which provides that at a preliminary hearing the court may make "any other order relating to the conduct of the trial of…

I thank the Senator. This is probably just a matter of good practice. The Senator gives an example of the practical impact of a witness travelling a long distance. It may also be the case that there is an expert witness on the State's side of a case, perhaps a forensics expert, where he or she has appeared as a witness in a preliminary trial, and where if the trial was some distance away in time, that witness may be gone. One is then looking at getting somebody else to read back into the evidence. Generally, it wou…

As Senator Ward rightly points out and Senator McDowell accepts, this already happens in court trials in regard to admissibility, probative value versus prejudicial value and a judge has to make those calls on the basis, sometimes, that if the evidence was allowed to go to the jury for it to decide, perhaps it may put the accused in a prejudicial position. Trial by jury is the cornerstone of our legal system. Its purpose is as a bulwark for the accused against a potential Government of tyranny. That is why we have …

It is an important point.

I thank the Cathaoirleach Gníomhach. It is proposed to take amendments Nos. 1 to 6, inclusive, together. Before I comment on the detail of amendment No. 1, I propose to make a few preliminary remarks about the overall nature and effect of this group of amendments. The Senator’s proposed amendments all refer to section 2 of the Bill which amends section 16 in the principal Act and the criteria for an insolvent debtor to be eligible for a debt relief notice. They appear to be mutually alternative amendments. Each of …

Social welfare payments are treated as income in the assessment of a person's income and the amount of reasonable living expenses is then deducted. Social welfare is treated the same as income from work done. Children's allowance is a universal payment and the policy decision was taken at the time to have that stand apart from the other welfare payments. After a person's income, including social welfare, is assessed, reasonable living expenses are deducted.

This amendment refers to section 91 of the principal Act, which sets out the main criteria for persons to be eligible to propose a personal insolvency arrangement for creditors in order to resolve their debts. Among those criteria, section 91(1)(g) states that debtors must have made a declaration in writing confirming that they have co-operated with the secured creditors for a period of at least six months in respect of their principal private residence in accordance with the mortgage arrears resolution process, MA…

The proposed amendment is to section 99 of the principal Act which sets out the mandatory requirements for a personal insolvency arrangement. Section 99(2)(b) provides that the maximum duration of a personal insolvency arrangement shall be six years or 72 months, with an option to extend it by 12 months in specified circumstances, if the personal insolvency arrangement itself so provides. The effect of this amendment is to provide that the maximum six-year term only applies to a personal insolvency arrangement wher…

I hear the Senator's concerns. The purpose of the insolvency Acts is to provide an effective and clear resolution in a reasonable period of time, balancing the rights of both creditors and debtors and to get those applicants back to being economically active as quickly as possible. There will always be elements on either side of that and elements of unfairness at the edges but I agree with the policy of getting people back to being economically active as reasonably and quickly as possible. Any kind of protracted in…

Section 16 of the Bill introduces the option for a debtor to make a confirmation of truth as an alternative to a statutory declaration when solemnly confirming his or her complete and detailed financial situation in an application for a personal insolvency arrangement, debt settlement arrangement or a debt relief notice. This confirmation of truth under the Bill is very similar to the statement of truth recently introduced by the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 as an alternative to ma…

I apologise if there is confusion over my language. I certainly was not implying that the Senator was implying that people may have been dishonest but it may be something on which some people may take a view if they were required to sign a different type of declaration.

Under section 23 of the Personal Insolvency Act 2012, the Insolvency Service of Ireland, ISI, is required to prepare and issue guidelines as to what constitutes a reasonable standard of living and reasonable living expenses, RLE, taking into account a list of specified criteria. These are now generally known as RLE guidelines. Section 23 also requires the ISI to re-examine and reissue these guidelines at least annually and to publish them on its website. Reasonable living expenses are adjusted according to factors …

Yes. I will be brief. I agree with the Senator's views on the Department of Social Protection and about having consistency across the various Departments. I cannot speak for the Department of Social Protection but I can speak for the Department of Justice. I will certainly get the Department of Justice to convey that message to the Department of Social Protection.