On the last point in that scenario, not only will they be charged with smuggling, but I would expect they will be charged with manslaughter, if they let someone die. If the smuggler-----

I am sorry.

This is an extraterritorial Bill. People do not have to cross a particular line to be charged with this. It is an extraterritorial Bill. If they let someone die, as potentially happened in Wexford, they can be charged with manslaughter or even murder. I would expect additional charges will be brought against those people and rightly so. The purpose of this Bill is to ensure those who are smuggling, who are taking advantage of vulnerable people and who are putting lives at risk can face conviction for what they are …

First, the issue of duty of rescue is beyond the scope of this legislation. The Bill does not get into that. In regard to the extraterritorial issue, section 6(3) states: "A person who, in a place outside the State, aids, abets, counsels, procures or attempts the commission of an offence under subsection (1) or subsection (2) is guilty of an offence." Therefore, there is an extraterritorial element to the provisions. On Deputy Martin Kenny's point, the reason there have not been convictions is not a failure to dete…

In normal course, if the DPP is not satisfied that the evidence is there, the prosecution will not be brought forward. It is not simply a case of failed prosecutions. If the DPP is of the view that an element of the offence cannot be proved or the evidentiary burden cannot be met, no matter how certain the prosecutors may be that somebody is guilty, the prosecution will not be progressed. That is in the DPP's guidelines.

I am introducing a resolution to extend the sunset clause in the Civil Law (Miscellaneous Provisions) Act 2021. Members will be aware that section (9)(4) of that Act provides that the Act, other than section 8, shall continue in operation until 30 November 2021 unless a resolution approving its continuation has been passed by both Houses of the Oireachtas before that date. That section outlines that the period of operation may be extended for such further period or periods, each not extending six months, as is spec…

I thank the Senators for their time and contributions. These are still extraordinary times and, with the extension of this Act to 31 May 2022, I hope it sends a message of our determination to support and provide clarity to businesses, An Garda Síochána and our communities. This extension clarifies the position of licence holders who wish to sell and serve alcohol adjacent to a licensed premises in an area approved by the relevant local authority. Under current legislation, these premises have no remedy to amend th…

I thank Deputy McAuliffe for raising the important issue of the number of gardaí in the Ballymun Garda district. The Deputy has been very strong on this matter, both in this Chamber and behind the scenes. As the Deputy will be aware, the Garda Commissioner is responsible, under section 33 of the Garda Síochána Act 2005, as amended, for the deployment of An Garda Síochána throughout the State. However, I am assured that Garda management keeps this distribution of resources under continual review in the context of po…

I again thank Deputy McAuliffe for raising the issue of the number of gardaí. As stated, the distribution and designation of members of An Garda Síochána is a matter for the Garda Commissioner and the local chief superintendent. However, everybody deserves to feel safe and be safe in their communities. We are absolutely committed to making our communities stronger, safer and more just. That is why we have significantly increased the resources available to An Garda Síochána to help tackle issues of crime in every co…

The Deputy touched on an important point. Tackling the situation with drugs is not simply a matter for the Garda. A whole-of-community approach is required, including from all the State agencies. This broader, health-led response is key to the national drugs strategy, Reducing Harm and Supporting Recovery, which is being led by my colleague, the Minister of State, Deputy Feighan. Gardaí in the area are working closely with the local authority, the HSE, NGOs, community groups, and other State agencies and through th…

I thank Deputy Haughey for raising this important matter. I can assure the Deputy that the Government is determined to tackle antisocial behaviour. Our communities deserve to feel safe and to be safe and our three local community safety partnerships being piloted in Dublin north inner city, Waterford and Longford are designed to identify the issues causing communities to feel unsafe and to address them through a collaborative approach. I am very conscious of the negative effect that antisocial behaviour can have on…

I understand the Deputy's concerns. The distribution of An Garda Síochána and the role it is going to play is a matter for the Garda Commissioner and the chief superintendent within each particular area. I can advise that as of 31 October, the latest date for which we have figures, there were 781 Garda members assigned to the DMR north division. This represents an increase of over 15% since December 2016 when there were 660 members. I am also informed that there is ongoing communication between An Garda Síochána an…

I assure the Deputy in respect of proposed legislation that we are advancing all legislation as quickly as possible. The Department of Justice, the Minister, Deputy McEntee, and I have moved a significant volume of legislation through the Houses already. I am advised by An Garda Síochána that the focus of Operation Twintrack is pro-engagement with a high level of visibility at train stations and on rail networks. I am further advised that An Garda Síochána in collaboration with Irish Rail and Transdev Ireland have …

I thank Deputy Flaherty for bringing up this very important matter. I know it is something the Deputy has raised on a number of occasions. As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the deployment of gardaí. As Minister of State, I have no direct role in these matters. I am assured however that Garda management keeps the distribution of Garda members under continual review in the context …

I thank the Deputy for consistently raising the importance of Garda deployment in his area and for supporting the organisation there. The distribution of members of the Garda throughout the country is a matter for the Garda Commissioner, and the designation of members of the Garda within the divisions is a matter for the chief superintendent. We have seen a significant increase in funding for the Garda this year through the budget. There is funding to support an additional 800 members, in addition to another 400 ci…

The distribution of gardaí is a matter for Garda senior management. I hope the 800 additional members of the Garda funded through this year’s budget will mean additional resources right across the country. In fact, I have no doubt about this. There will be an estimated 14,600 fully attested members of An Garda Síochána and 600 in training, putting us on course to meet our target of 15,000 sworn members of An Garda Síochána throughout this country. That will be important. I cannot provide the detail the Deputy is se…

I thank Deputy Flaherty for raising the important matter of the expansion of Garda CCTV. We are aware of how important CCTV has become in detecting crime. As the Deputy may be aware, under the Garda Síochána Act 2005 the Garda Commissioner is responsible for managing and controlling generally the administration, budget and business of An Garda Síochána, which includes responsibility for Garda CCTV. As Minister of State, I have no direct role in this matter. The Commissioner authorises CCTV for the purpose of securi…

CCTV schemes have an important role to play in deterrence, prevention, detection and the prosecution of offences. My Department is currently funding a community CCTV scheme for a group in Longford town and will provide a once-off maintenance grant to it. My Department has received no applications for community CCTV funding in counties Roscommon and Westmeath, but any applications will be given due consideration. The new Garda Síochána (digital recording) Bill, the general scheme of which has been published, will be…

As I stated, there are no community CCTV schemes in Westmeath or Roscommon, but if the Deputy is aware of groups that wish to avail of the grant aid scheme, further details, as I said, are available on the website. With CCTV schemes come data protection challenges. The schemes have to be done very carefully and legally. The Garda Síochána (digital recording) Bill, the general scheme of which was published in April, will enable my Department to address the important data controller concerns that have been raised by …

Before we start into it, there has been a desperate tragedy in the channel between France and the UK. I would like, at the outset, to speak on that appalling tragedy that has unfolded. It is now thought over 30 migrants have lost their lives tonight. Our thoughts are with their families. It is an awful tragedy and I want to express our deepest condolences on that event. It shows the dangerous risks people are prepared to take for better lives for themselves and their families. Considering this Bill tonight is about…