I thank Deputies Bríd Smith and Costello for raising this important matter around St. Michael's estate and how the rents will be set. Within the past year, the Minister for Housing, Local Government and Heritage has developed an entirely new policy framework to enable the development of cost rental housing in Ireland, culminating in its inclusion in the Government’s Affordable Housing Act. The Minister has also rolled out funding for cost rental through the cost rental equity loan schemes for approved housing bodie…

Based on extensive legal advice, the options being proposed by the Senators would further complicate matters for all concerned, be likely to incur litigation and increase legal costs, and bring little benefit, if any, compared with the legal rules already set out in the Bill. I will give a number of reasons for this. It is worth recalling that, before the Land and Conveyancing Law Reform Act 2009, there were effectively three different and parallel sets of rules under which a person could claim a prescriptive easem…

I thank the Senator for her amendment. I also thank for her engagement on this matter and for raising the importance of addressing matter, which has caused considerable distress for some people. Section 2 of the Bill already makes provision for cases that are pending on 30 November 2021 when the Bill will come into operation, including court proceedings and applications under the Registration of Title Act. Its effect is that the pre-2009 Act of law applies to those cases such as it does under section 2(a) to cases …

The acceptance of the amendment would delete section 3 of the Bill, which refers to special restriction periods for State lands and for foreshore. Senator Boylan spoke to amendment No. 6 but Senator Higgins spoke to amendment No. 7. I must make a couple of important points. As with the earlier amendments seeking to delete section 2(b), this proposes a significant shift in established policy and a change on that scale would require careful analysis. I suggest it is not suited to this type of Bill, especially one tha…

I move: That Dáil Éireann resolves that the period of operation of sections 1 to 7 and 9 of the Civil Law (Miscellaneous Provisions) Act 2021 (No. 14 of 2021) be extended for a period of 6 months, beginning on the 1st day of December, 2021 and ending on the 31st day of May, 2022. I am here to introduce a resolution to extend the sunset clause in the Civil Law (Miscellaneous Provisions) Act 2021. Deputies will be aware that section 9(4) of the Act provides that the Act, other than section 8 thereof, shall continue i…

I thank the Senators for their contributions. I wish to point out, as noted in my introductory remarks on Second Stage, that the Supreme Court ruling does not affect the provisions in statute that provide for presumptive minimum sentences where there is judicial discretion. That issue is not addressed in the Bill.

On behalf of the Minister for Justice, Deputy McEntee, who regrets that she is unable to be here in person, I am pleased lead off the debate on Second Stage. As Senators will be aware, this is an important and urgent Bill. Under Part 8 of the Land and Conveyancing Law Reform Act 2009, significant changes to the law on prescriptive easements and profits à prendre are due to take effect immediately after 30 November 2021, in just three weeks' time. Up to now, the 2009 Act has applied transitional provisions, allowing…

I thank Senators Daly, Boyhan, Ward, Garvey, Ó Donnghaile, Moynihan, Kyne, Conway, Seery Kearney and Lombard for their contributions, which were welcome. It is reflective of the fact that, despite it being an exceptionally complex area of law, the situation arising out of its need very much resonates on the ground. I think of one particular situation in my constituency where an elderly farmer lived at the end of a laneway. There were three houses on his laneway. One of them was owned by an elderly lady who had deme…

I move: "That the Bill be now read a Second Time." I am pleased to introduce this Bill to the Dáil following its passing in the Seanad. The purpose of this legislation is to strengthen Ireland's regime against the smuggling of persons and to implement several important international instruments in this area. People smuggling is the facilitated, irregular movement of persons across borders for financial or other benefit. It is distinct from human trafficking in that smuggling occurs with the consent of the person wh…

I thank the Deputies for their constructive and, for the most part, quite positive comments on the Bill. We are bringing the Bill through the Houses and it has been through the Seanad already. A number of issues have been raised and I will try to address some of those. I will also have an opportunity to address some of them in more detail on Committee Stage. A number of Deputies raised the important issue that those who are being smuggled are often in a desperate situation. At a minimum they are seeking a better li…

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

I thank the Leas-Chathaoirleach. On behalf of the Minister, Deputy McEntee, I thank the Senator for raising this important issue on antisocial behaviour. It is a matter that is important to Senator Maria Byrne, who has raised it on a number of occasions. The Government recognises the great harm that can be done to communities living with antisocial behaviour. We are committed to ensuring that antisocial behaviour is tackled head-on and that An Garda Síochána is provided with the necessary resources to do so. The Se…

On behalf of the Minister, I, again, thank the Senator for raising this important matter. The Government is committed to tackling antisocial behaviour. As Minister of State at the Department of Justice, I was honoured to set up the antisocial behaviour forum, which has met on a regular basis since its establishment last year. Earlier this year, it produced recommendations around scramblers, both in terms of tackling, on a community basis, why the scramblers are being misused by young people and to try to direct the…

On behalf of the Minister, Deputy McEntee, I thank Deputy Connolly for raising this important matter. I am aware of media reports of a number of serious assaults that have taken place in the Eyre Square area in Galway city in recent weeks. I want to assuredly condemn these frightening physical attacks on people as they go peacefully about their business in Galway city centre. The Deputy will appreciate that the Minister for Justice is precluded from commenting on any live Garda investigation. Under Irish criminal l…

Again, on behalf of the Minister I thank the Deputy for raising this matter. As the Deputy will be aware, the Garda Commissioner is by law responsible for the management and control of An Garda Síochána and for the effective and efficient use of Garda resources to combat crime and to keep our communities safe. The Deputy will appreciate the Minister for Justice is unable as a matter of law to intervene in these independent operational matters. On the designation of gardaí as community gardaí, we are lucky to have a…

I am pleased to bring the Bill before the Seanad today. It is a relatively short Bill but it is significant. The need for the Bill follows from the 2019 Supreme Court ruling in the case of Wayne Ellis v. Minister for Justice and Equality. In this ruling, the Supreme Court struck down section 27A(8) of the Firearms Act 1964, which provides for a mandatory minimum sentence of five years' imprisonment for a second or subsequent offence of possession of a firearm or ammunition in suspicious circumstances. The court fou…

I thank the Senators for their contributions. The Senators will be aware that the Bill is limited in scope and is designed to rectify the constitutional infirmities identified by the Supreme Court with regard to repealing second or subsequent mandatory sentences, mainly in the area of firearms and the misuse of drugs. As I noted in my introductory remarks, the Supreme Court ruling does not affect the provisions in statute that provide for presumptive minimum sentences where there is judicial discretion, and that is…

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 accept the following measure: Regulation (EU) 2021/693 of the European Parliament and of the Council of 28th April, 2021, establishing the Justice Programme and repealing Regulation (EU) No. 1382/2013…

I move: That, notwithstanding anything in the Order of the Dáil of 30th July, 2020, setting out the rota in which Questions to members of the Government are to be asked, Questions for oral answer, following those next set down to the Minister for Finance, shall be set down to Ministers in the following temporary sequence: Minister for Housing, Local Government and Heritage Minister for Tourism, Culture, Arts,Sport and Media Minister for Public Expenditure and Reform whereupon the sequence established by the Order o…

I thank Deputy Burke for raising this very important question. I share his concerns for the Afghan people and the humanitarian crisis unfolding in Afghanistan. Ireland has acted swiftly and compassionately to demonstrate our support and solidarity with the Afghan people. My Department is working closely with colleagues in the Department of Foreign Affairs and the Department of Children, Equality, Disability, Integration and Youth to ensure a co-ordinated national response. This includes opening the Irish refugee pr…