I again thank the Senator for raising this important matter. I assure her a range of statutory provisions are in existence to combat crime in this sector. Officials from my Department remain involved in the metal theft forum, a collaborative working group between stakeholders and industry representatives to improve information sharing around the issue of metal theft. I hear the Senator's concerns around the very specific situation of cash-for-gold outlets. It is about what may be presented there, as opposed to scra…

I seek Seanad approval to opt into a proposal for a regulation of the European Parliament and European Council on the collection and transfer of advance passenger information, API, for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. This proposed regulation as it relates to law enforcement, is a key part of co-operation with other member states in the area of information exchange relating to terrorist offences and serious crime. The proposed regulation aims to build…

I thank Senators for their contributions. I will begin by responding to Senator Gallagher's point about Ireland and the United Kingdom. While Ireland does not currently collect API data for flights from the United Kingdom, UK flights came within the scope of the 2011 API regulations from January 2021, when the UK became a third country. The 2011 regulations provide that the Minister "may" require a carrier to provide API, as opposed to "shall". The text of the current proposal, combined with the borders proposal, m…

I thank the Deputies for their amendments, which I understand were discussed at length. I note the Deputy is withdrawing amendment No. 1. The Attorney General has further advised on rules about statutory interpretation. The Supreme Court has consistently held that statutory provisions should be given a construction that reflects the plain intention of the Oireachtas and that this should be determined by having regard to the ordinary, natural meaning of words. In determining the meaning of any word or phrase in stat…

I accept the Deputy's bona fides in this. He is certainly not in any way trying to downplay what constitutes hatred. This comes from a European Council framework decision. They have set out the requirements to meet that framework decision. If we deviate from the wording used in the Bill, we will no longer be in compliance with the framework decision. For other reasons that I set out earlier, but also for this particular reason, I am not in a position to accept the Deputy's amendments.

I thank the Deputies for their proposed amendments. They propose removing the defence of a reasonable and genuine contribution to religious discourse and expanding on the provisions of section 11, which provide protection for freedom of expression, to include the right to express ideas that shock, offend or disturb. In this regard, the freedom to express and practise religion is protected under the Constitution and the European Convention on Human Rights. Accordingly, religion is considered to merit a similar level…

I have set out my position clearly. I hear the Deputy's comments but, unfortunately, I am not in a position to agree.

I thank the Deputy for his contribution. He is correct that during the Committee Stage debate on this Bill, this matter was discussed. This same amendment was proposed to delete section 10 of the Bill, which creates an offence of preparing or possessing material likely to incite violence or hatred against persons on account of their protected characteristics. The Deputies have again proposed the deletion of the section in its entirety. I must reaffirm the previously stated position on this. It is fundamentally impo…

I think it is clear that where an individual has prepared documents with the intention to incite violence against a group of persons, and the Garda manage to intervene to stop the publication just before it happens, for example, that the person should simply not be held in any way responsible for the preparation of what they have done would be inappropriate as well. I think that people would find that difficult. This is not the thought police. This is about holding people accountable and responsible where they have…

I thank the Deputies for their contributions. To add some context in my response to this amendment, I would like to briefly outline to the House the position that has been taken in the Bill with the adoption of what is commonly referred to as the demonstration test. A particularly robust process is followed to ensure that this legislation is as effective as is possible. Considerable research and consultation were conducted by my Department in collaboration with counterparts in other jurisdictions and with the Offic…

I acknowledge that all the Deputies want to get to the same place, where we can seriously discourage hatred, where hate speech will not happen and where minorities will be protected. A lot of consideration was given to whether to use the motivation or demonstration approach, and the Oireachtas joint committee was clear it wanted to see the demonstration approach taken into account. It has been effective in other jurisdictions. Proving motivation in court is exceptionally difficult, and I say that as someone who has…

I thank the Senator for raising the community supports rebate and for tabling this very important Commencement matter. As he will be aware, the Department of Justice provides funding to Muintir na Tíre to cover the costs incurred by communities in administering the text alert scheme. The scheme is administered on a refund basis whereby communities submit their annual costs to Muintir na Tíre and I am told that a maximum refund of up to €450 is provided to the community. This funding is provided for in the Departmen…

I acknowledge the importance of these groups to our communities and I acknowledge the hard work done by the Senator on this matter. I also acknowledge the financial pressures there can be on local community groups, particularly in respect of the length of time between incurring the cost and the rebate issuing. The system has been in place for some time. As I said, a review has been carried out by Muintir na Tíre and the Department will work with Muintir na Tíre. I heard the Senator’s concerns and I will relay them …

I move: That Dáil Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure: Proposal for a Regulation of the European Parliament and of the Council on the collection and transfer of advance passenger…

I am grateful for the invitation to inform the House of the legislative and policy developments to tackle gangland crime and alleviate the impacts such crime is having on our communities. I acknowledge An Garda Síochána which is doing extremely effective work in cracking down on gangland crime in its relentless bid to tackle these gangs at the top of the criminal world in Ireland and abroad. I very much want to acknowledge the bravery and hard work of gardaí. From our perspective, we will continue to provide An Gar…

I move: That Dáil Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure: Proposal for a Directive of the European Parliament and of the Council amending Directive 2011/36/EU on preventing and comb…

I thank the Deputies for their contributions. I thank the House for facilitating this motion today. Over the years Ireland has implemented strong measures to ensure we can fight this complex crime. More must be done if we are to reduce the demand that fosters trafficking; to create a criminal model to halt victims' exploitation; to protect, support and empower the victims, especially women and children; and to address the international dimension of this complex crime. As outlined earlier, this proposal will enhance…

I move: "That the Bill be now read a Second Time." I am pleased to present to the House the Courts Bill 2023. This is a short and technical Bill consisting of amendments to existing legislation for the purpose of increasing the statutory maximum prescribed number of judges of the District, Circuit and High Courts and of the Court of Appeal. The background to this Bill is the report of the judicial planning working group which has recently been received and considered by the Minister and the Government. The judicial…

I thank all of the Deputies who contributed to the debate today. This is a short and technical Bill. Its objective is to provide a continuing basis for an effective courts system, which is of central importance to our society and economy. The Minister is committed to improving access to justice for all of our citizens. It is important that our courts are properly resourced to deliver on this objective, and for the Government's policy objectives for the courts, which are already in train and planned. For these reaso…

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