Yes.

No.

Effectively, what the court has found in both the Ellis case and the McManus case is that a mandatory sentence for a second or subsequent conviction is unconstitutional because it is only applying the criminal law to a very small subset of people. That is the basis on which the court found it to be unconstitutional. A provision in criminal law should effectively apply to everybody.

Exactly.

I move amendment No. 2: 2. In page 5, between lines 19 and 20, to insert the following: “Retrospective application of certain amendments 10. (1) Subject to subsection (2) , the amendments effected by this Act (other than those effected by subparagraphs (i) and (iii) of section 5(c) and by section 6 ) shall apply in respect of a relevant offence committed before the date of the coming into operation of this Act, including a relevant offence in respect of which proceedings had commenced before that date. (2) Subsecti…

I do not have any numbers on that. It is a belt-and-braces approach. There may be no cases affected but considering the relevant pieces here, it is possible or even probable that there will be a couple of cases going through the system. We have to make sure.

That is correct. The way the interpretation of retrospection works is that those people could still be subject to the law as extant at the time of a second or subsequent offence that carries a penalty of a mandatory minimum sentence. Therefore, such persons would have grounds for appeal and there would be all sorts of consequences from that. This is to ensure the provisions we pass here apply to those cases.

Correct. It would not apply only in the cases of persons whose time for appeal has elapsed. They have run out of road and are either serving their sentence without further grounds for appeal or have completed their sentence.

I move amendment No. 3: In page 3, line 8, after “2019;” to insert the following:“to provide for the retrospective application of certain of these amendments in certain circumstances;”.

We could bring the refreshment houses back, I think.

I thank Deputy Richmond for raising this important matter. I assure the Deputy that the Minister, Deputy Humphreys, and I are aware of the effects of antisocial behaviour on our communities. We are also both aware of the importance of high-visibility policing and know people feel safe when they see the presence of An Garda Síochána in our towns and cities. The Minister met senior members of An Garda Síochána in Dublin City, as recently as last week, to discuss the issue raised by the Deputy. She also met representa…

I thank Deputy Richmond for raising this important issue. I know he has been consistent in raising his concerns about this matter. He is 100% right. We need to have clear engagement with communities around ensuring Garda presence and Garda involvement in communities. As the Deputy correctly pointed out, the community safety fund is important. Under the fund, the money taken from those who benefit from crime will be put back into the communities that are most deeply affected by those criminal elements. The new commu…

I thank Deputies O'Callaghan and Gannon for raising what is clearly a very important matter. The Government, the Minister, Deputy Humphreys, and I are determined to tackle antisocial and violent behaviour. We are conscious of the effect it can have on people's quality of life and safety. We are, of course, aware of the effect it can have on residents and businesses of Dublin city, and on many of us who want to visit our capital city and enjoy what it has to offer. The Minister, Deputy Humphreys, and I are also awar…

I again thank the Deputies raising this matter. I understand what they have said and I am in full agreement with them. There can be all sorts of underlying reasons the violence is happening and it needs to be confronted head-on. On tackling the underlying issues, perhaps something driving some of that violence is a lack of understanding or comprehension of the exact damage they are causing. That is where restorative justice can come into play by compelling young people to confront the damage they do and appreciate …

I thank the Senator for raising this matter. I know it is something she has been working on for some time. It is a matter of concern for quite a number of people. This matter relates to a change in the law on prescriptive rights of way that was due to take effect on 30 November 2021. A prescriptive right of way is one acquired by long use as of right by a property owner over a neighbour's land which is not recorded in any surviving title deed. Common examples are rights to access a farm or dwelling house where the …

I agree about public awareness. My office was contacted by people asking what they should do about registering rights of way. Problems have arisen as Ireland has become more mobile. Where there might have been a farmer at the end of a laneway with one neighbour, there might be extra houses now and that can be challenging. I know of the case of a couple where the people who own the neighbouring land have dementia. Those people are in a home and getting all this resolved is proving very challenging. I 100% agree that…

I welcome the opportunity to present this Bill to the Seanad. Its purpose is to strengthen Ireland's regime against the smuggling of persons, and to implement several important international instruments. People smuggling is the facilitated, irregular movement of people across borders for financial or other benefit. It is distinct from human trafficking in that smuggling occurs with the consent of the person, while trafficking involves the recruitment, transportation and exploitation of a victim. However, smuggling …

I thank the Senators for their important contribution, general welcome for the Bill and making constructive comments and information. Several Senators referenced submissions by IHREC and a number of other bodies in regard to the pre-legislative scrutiny. There was significant criticism at the time. In drafting the Bill versus the scheme, we tried to address as many of those as possible within the narrow confines of this Bill. It is a relatively narrow Bill, particularly focused on the criminal element of the legisl…

I thank the Deputies for raising this very important matter that I am taking on behalf of the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, who sends his apologies for not being able to be present. He has asked me to assure the Deputies that his Department is deeply committed to the development of the national park in Mayo. In December 2017, the Department with responsibility for heritage announced the expansion of Ballycroy National Park to include the area known as Wild Nephin. This…

I thank the Deputies for bringing up what is clearly a most important matter for them both and for County Mayo. I am not in a position to answer the specific questions on who made the decision and when it was made, and on the issues in respect of consultation, but I understand and hear the incredible importance of the name to the Deputies. I will certainly bring those points to the relevant Minister. I thank the Deputies again. While the name has changed to better represent the areas the national park inhabits, the…