I will take up Senator Higgins's offer before I deal with the substance of amendment No. 9. The Senator mentioned a number of issues of concern at the outset. In substance, I think her criticism is that I am not introducing the biometric identification that is defined within the AI Act. She is correct in that respect. I am not introducing biometric identification. Through this legislation I am introducing biometric analysis.

It is unusual because had I come here with legislation saying I am introducing the biometric identification provided for in the AI Act, I suspect Senator Higgins would have been vigorously opposed to that and would be asking me why I was introducing this excessive and disproportionate measure. I suspect that is what she will say when I bring forward legislation seeking to introduce biometric identification, hopefully later this year or next year. Senator Higgins also correctly said that names are not biometric. Tha…

It contains photographs and other biometric information. The Senator asked whether the database will be registered under the provision contained in the AI Act. Obviously, once this legislation is enacted, it is not the case that the Garda will be able to engage in biometric identification against a database so there will not be any necessity or requirement to introduce the registration of such a database. Senator Higgins also raised the issue of the code of conduct and whose code of conduct it is. It is the code of…

There is an individual on the other side who is a respondent.

Senators will be aware that miscellaneous provisions Bills provide a great opportunity for the Executive but, more importantly, for the Legislature to pass legislation in a variety of different areas promptly and effectively. That is what I am doing in this legislation. The Bill is divided into 75 sections across 16 Parts and one Schedule. Part 1 contains standard provisions. Part 2 amends the Firearms Act 1925 and the Prisons Act 2007 to provide a basis for the possession, carriage and use of incapacitant sprays b…

I thank Senators for their contributions. I am conscious that when I introduce a miscellaneous provisions Bill, there will be aspects Members will be supportive of and other aspects they will not be supportive of. That is the nature of a miscellaneous provisions Bill. We will have opportunities through votes on Committee Stage or Report Stage for people to set out their views on individual sections and provisions. Senators are not being deprived of the opportunity to make the political points they wish to make on e…

Very good. Can I just deal----

That is very interesting.

I will deal with some of the issues raised. Senators Harmon, Collins, Higgins, Stephenson and O'Reilly spoke on counselling notes. They all expressed support for other elements of the legislation, whether the criminalisation of sex for rent, the disregard scheme or other measures. I am conscious people generally focus on aspects they disagree with, as opposed to those they agree with. Counselling notes are an issue of concern, not just to those five Senators but to others as well. One thing we can all agree on is t…

I thank the Seanad for facilitating this motion today. I am here to address the Seanad with respect to Ireland's proposed opt-in to a new EU proposal for a directive on combating firearms trafficking and other firearms-related offences. Ireland has an option to opt in to individual proposals in the area of freedom, security and justice, as provided for in Article 3 of Protocol 21, annexe to the Treaty of the Functioning of the European Union. An Article 3 opt-in must be done within three months of publication. The …

I thank Senators for their contributions. I will point out an important statistic in respect of firearms in Ireland. Last year, 2025, and to date this year, there has not been one gun-related homicide in Ireland. That is a fairly extraordinary statistic. I am slightly reticent about stating it because once you say something like this, inevitably, something happens but for the past 18 months, there has not been one gun-related killing in Ireland. In fact, it could be longer than 18 months. That does not happen by ac…

It may have nearly happened but it did not happen, which is another thing. It is still a fairly remarkable statistic that we find ourselves in a situation where last year and this year to date, there has not been a gun-related homicide. It is something to be extremely welcomed. Senator McDowell raised a question about what happens if we opt in under Article 3 and then, let us say, we go into negotiations and they do not work out for us and we do not want to be bound by it. That is provided for in paragraph 2 of Art…

There is a significant difference between the two articles. Senator McDowell also referred to the lengthy document. Obviously, he was able to get it. I have it and I assume other Members are able to read the proposal when it comes to an Article 3 opt-in proposal or an Article 4 directive. If that is not the case, they should be informed that there is a substantive document behind it but that is something the Houses could work on to ensure that, when it comes to an opt-in, Senators and Deputies have the legal instru…

I thank Senator McDowell for his amendment and his contribution. It is important to point out there are ten amendments on Report Stage and three hours for them. I am happy to be here for the three hours. It is also important to recall that for the Garda Síochána (Powers) Bill 2026, which I deliberately started in the Seanad, I was here for Second Stage on 4 February and Committee Stage on 14 May, 26 May and 10 June. I have given a lot of time to listening to what Senators have to say in respect of the legislation. …

Sometimes I feel I am back in the classroom having my homework corrected by the teacher. I rise with trepidation. Unlike in the classroom, I am able to answer back here.

Can I try to explain it to Senators? Section 11 deals with additional provisions to search. Section 11(2) says, "Where a member decides to search a vehicle under section 9 or 10 , the member may do one or more of the following". This is a provision that arises when a member of An Garda Síochána, exercising their reasonable suspicions available under sections 8 or 9 , decides that it is necessary to search a vehicle. Section 11(2)(c) says that one of the things the garda can do is, "require the driver to be in or on…

I thank Senator O'Donovan for his contribution and commend him on that. The requirement is imposed by the member of An Garda Síochána and the wording is "require to driver". The garda can permit somebody, to use Senator McDowell's example, to go if they need to go to the toilet. The garda can restrict or limit the requirement imposed on them. I again thank Senator O'Donovan for his helpful contribution in terms of the practicality of what happens when a search of a vehicle is ongoing.

We will give consideration to it in light of what the Senator said.

I understand what the Senator wants to do is insert the word "place" in section 13(2)(b) so that will be recorded. A lot of information is being recorded already under section 13. It requires the Garda to keep a record that shall contain the following information; the name, address and date of birth of the person or the driver of the vehicle concerned; the time and date of the search the reason or reasons for the search; the provision of this Part under which the search was conducted; and the outcome of the search,…

Section 13(3) is relevant to this. Obviously there is a purpose behind keeping the record of this information. The reason is the person or driver who is the subject of a search may make a request in writing to a superintendent in the Garda Síochána district in which the search was carried out for a copy of the record. The purpose of section 13 is to enable the person who is searched to get information. The real information they are looking for is the reason or reasons for the search. They will be aware of where the…