We are all very proud of our Naval Service and the commitment it has shown in its humanitarian efforts in the Mediterranean in the past. The Department of Foreign Affairs was extensively consulted on this legislation and it was approved by Cabinet to take to the Houses. I cannot speak to what prosecutions have or have not happened in the Mediterranean but I understand that in similar legislation in several countries, there is no defence of humanitarian assistance. I noted that there are only seven countries putting…

I have listened to the Senator and I think there is a small possibility of a lacuna here. We can look at this again and revisit it at Report Stage.

I thank the Senator for her comments. This is somewhat related to amendment No. 5. As I said in my contribution on that amendment, the State protects all of those who come into the State, whether they have been smuggled or not. The principle of non- refoulement is given effect to in sections 50 and 50A of the International Protection Act 2015. International protection is granted based on the criteria set out in the Act and persons who are smuggled and seek international protection are granted or refused that based …

The Senators have introduced several amendments that would require the Minister to prepare reports on several issues. The issues arising are similar in each case. While all the relevant amendments are not grouped, I will speak to the one in question and perhaps refer to others, where possible. As noted on Second Stage, it is correct to say this Bill is relatively narrow. It focuses on the criminal offences in regard to people smuggling. It is primarily addressed at organised for-profit smuggling. It is not addresse…

I refer to the answer I gave in regard to amendment No. 17. I do not believe the criminal justice Bill is the appropriate means to address international protection questions and, in the circumstances, I cannot accept the amendment.

At this stage, I am not minded to accept the amendment but we can look at it again on Report Stage.

I thank the Senator. As a general rule, the question of whether powers have been properly exercised is a matter for evidence for the courts. It can be challenged in court. Enforcement officers are routinely required to provide evidence that reasonable grounds existed for the exercise of the powers. I do not believe this amendment is necessary. For the most part, those officers will be members of An Garda Síochána, the Revenue Commissioners, or the Naval Service. Their powers cannot arbitrarily be delegated to those…

It is reasonably rare, thankfully, that any of our enforcement officers, whether from the Naval Service, the Revenue Commissioners or An Garda Síochána, abuse their powers. When this does occur or when a person may feel abused, there are outlets to complain about those, such as to the Garda Síochána Ombudsman Commission, GSOC, for example. Of course, there is the option for the person who feels that there have been abuses against them to take civil action. There are already appropriate and well-trodden protections …

I thank the Senators. Unfortunately, I cannot accept this amendment. Effectively, recklessness is being aware of a risk and deciding to take it anyway. As Senator Ward said, it is not about a mistake. If the decision as to why action taken is made in good faith, it is not recklessness either and such a person should be okay in that regard. It is not absolute liability for the making of an incorrect statement either. It is reasonable in the serious situation where a ship is boarded using proportional powers, that a …

Recklessness has been well defined by the criminal courts over the years and they have dealt with this situation through our criminal code. It is more than mistake and more than negligence. It is just shy of actual deliberate intent. It concerns someone acting with a lack of regard in the face of a situation he or she should be very much aware involves a real risk. To remove the reference to recklessness would leave the prosecutorial system in an almost impossible situation falling back of trying to show intent. It…

I acknowledge that a broader discussion needs to happen in respect of safe passage. Ireland has to be part of this. It has to be part of an international discussion. I do not believe that a relatively narrow criminal justice Bill is the appropriate place for these provisions. In the circumstances, I oppose the amendment.

Any involvement by the State in international humanitarian search-and-rescue missions and operations, including the involvement of the Naval Service, is done in co-operation with our EU partners and in the context of our UN missions. The Naval Service's involvement in the Mediterranean was as part of Operation Pontus and Operation Sophia. The Naval Service has not been deployed to the Mediterranean since 2018. The decisions to participate in Operation Pontus and Operation Sofia were subject to the approval of the G…

No.

No.

I wish to share time with the Minister of State, Deputy Hildegarde Naughton.

I am very happy to have this opportunity to address the House on the progress which is being made within the criminal justice system on interventions and initiatives to divert vulnerable young people away from criminal activity and to assist them with options for a better and more fulfilling life. I was pleased to be able to publish the Youth Justice Strategy 2021-2027 on 15 April 2021, which is the successor to the Youth Justice Action Plan 2014-2018. I acknowledge the work of the previous Minister of State, Deput…

I thank the Deputies for the great interest they have shown in this matter. We have had just over three hours of a debate and nearly all the speaking slots were taken up. Given the demands on Deputies' time with committees and other work in the Houses, the fact that so many Members came in to express their views is testament to their interest in youth justice and the issues underlying it. I acknowledge the work of all those in our Garda youth diversion projects across the country: youth workers, family liaison work…

If there are any other questions Deputies want me to respond to I am happy to do that.

I move amendment No. 1: In page 5, to delete line 5. This amendment proposes to delete section 6( b ) of the Bill as published. Section 6( b ) of the Bill repeals subsections (3E) and (3F) of section 27 of the Misuse of Drugs Act 1977. These subsections provide for a mandatory minimum sentence of not less than ten years imprisonment for a second or subsequent possession or importation of drugs offence. I am advised that in June of this year, subsequent to the publication of this Bill, the High Court ruled in a furt…

The Bills Office will amend the Bill so that we will have sections 6( a ), ( b ) and ( c ).