I thank Senator McDowell for the amendment. It is important to state that the purpose of recording information in relation to a particular stop and search, as provided for in section 13, is to provide a clear and factual account of the incident, which may be relied upon by the person concerned. That needs to be emphasised. Section 13 is for the benefit of the person who is searched. It was not designed as a mechanism for statistical reporting on the operation of Garda powers generally. That is an issue of importanc…

I will briefly respond if I can. Senator McDowell has raised some very interesting points. This is a complex and difficult issue. I do not believe that the appropriate mechanism to deal with this complex and difficult issue is in the legislation that is going through the Seanad today. What Senator McDowell wants to be able to get information on, through this legislation, is details pertaining to the nationality, the race and the social status of persons searched. The Senator referred to what is happening in the UK.…

I thank Senator Andrews for his amendment and his contribution. Senator Andrews's amendment and the subsequent amendments relate to Part 3 of the Bill, which concerns search of premises. Senator Andrews has correctly emphasised the importance of our legal process giving recognition to journalistic privilege. The reason I am bringing forward amendments in respect of Part 3 is specifically because of the Supreme Court judgment to which Senator Andrews referred, namely, Corcoran. Corcoran, as I indicated previously, w…

I thank Senator Andrews for his amendment. I think this was also discussed on Committee Stage. The proposed insertion of section 21 on which this amendment relies is not necessary as the Bill already provides appropriate safeguards in relation to journalistic privilege. As I mentioned earlier, the application for a search warrant to the District Court requires members of the Garda to notify the court of any issues related to privilege as is known to them. This ensures that if there are concerns regarding privilege …

Amendment No. 8 is sufficiently covered by the provisions of the Bill already. The Bill significantly strengthens the protection of journalistic privilege. It introduces a judicially supervised process governing potentially privileged material. Applications are assessed on a case-by-case basis with the court empowered to seek additional information and to grant, limit or refuse access depending on what is necessary. I believe very categorically that the statutory provision in place will ensure that if a member of t…

I thank Senator Andrews for his amendment. Under section 19(1)(f) of the Bill there is an ability within a search warrant for it to be expressed in such a way as to require any person who appears to the authorised member to have access to, or to have under his or her power or control, the information held in any electronic device or that can be accessed by it to provide them with the passwords. The amendment put forward by Senator Andrews and his colleagues is in respect of that. It says that where journalists or a…

I thank Senator Andrews for his amendment. In responding to it I must rely upon what is in section 23 of the Bill because it deals with very many of the concerns expressed by Senator Andrews in his amendment. Section 23 is entitled "Treatment of material seized under search warrant". Section 23(1) provides that anyone who "seizes material, shall ensure that following its removal from the place of search the material is stored and a record is made of the material". There is also a requirement that when it is no long…

Like my colleagues, I too welcome Mr. David French to the Gallery. I commend him on his perseverance and the encouragement he has provided, not only to me in terms of trying to ensure the legislation could be introduced to the Houses of the Oireachtas but also in terms of the encouragement and support to other Members of the House. It is unusual to have legislation that is universally supported. I am very conscious Members are perfectly entitled to put down amendments but it is unusual to have legislation that is s…

We had a good discussion about this on Committee Stage. I note what Deputy Carthy is trying to do but I have to stick with what I have in terms of the six months and the statutory requirement. The last thing any of us in the House want is for an application to be challenged in the courts by a person who is convicted and who says it is an extra penalty being imposed on them, that they are a person who has been convicted of murder or manslaughter and is being treated differently from others who have been convicted of…

I thank the Deputy for his amendment. I do have a better type of wording and it is set out in section 12I of the legislation. The section is entitled "Notice parties to proceedings under this Part". Section 12I(i) states, "An application to the court for an order under this Part shall not be made in relation to the child concerned other than on notice to each guardian of that child". Whether it is an application in circumstances where the victim guardian is still alive, and that can happen, an application must be m…

I am not dismissing Deputy Carthy's proposed amendment because it is coming from him. I listen carefully to what he says and what other colleagues contribute. We want to get this right. I must be honest with the Deputy in the House about what I think the consequence of his amendment would be. It is true that there is no definition for who is the next of kin. The first thing a court will do when it is mandated by the legislation to put on notice the next of kin is to ask who the next of kin is. Is it all the sibling…

I thank Deputy Carthy for his amendment. In paragraph (1A), in effect what Deputy Carthy is seeking to achieve is already the law under the provision. Deputy Carthy's amendment states "where a guardian ad litem of the child, another guardian of the child, or a relative of the child ... is of the opinion that an application ... ought to be made in the best interests of the child", he can request Tusla to do so. The situation at present is that if Tusla believes it is in the best interests of the child - that is the …

I welcome the opportunity to present the Bill to the Seanad. Last October, the Government approved the drafting of the criminal law (sexual offences, domestic violence and international instruments) Bill 2025, in which today’s legislation was originally contained. Publication of the report on pre-legislative scrutiny of that general scheme by the Oireachtas joint committee on justice took place in May of this year. Recently, I expedited the provisions relating to the domestic violence judgments register, as this ne…

I thank all Senators for their contributions and, more importantly, for their support. It was mentioned that I started this legislation in the Seanad. I do not want to be unfair to the Lower House, of which I am a Member, but sometimes in the Seanad we get a more considered and non-political response. That is certainly what I have got this evening, and I will take on board what has been said by Senators from all parties and none. I acknowledge the role of Senator Fiona O'Loughlin and Deputy Paul McAuliffe, who put …

I spotted that. Well spotted, a Leas-Cheann Comhairle.

And he told us not to bring them into the House.

I move: "That the Bill be now read a Second Time." I am grateful for the opportunity to bring this important Bill before the House. Electronic evidence is now central to almost every criminal investigation. While data flows globally, law enforcement authorities across Europe are often in need of foreign-held evidence for domestic cases, including data held by service providers in this jurisdiction. Electronic data is volatile and can be easily deleted, altered or moved. The emergence of cloud computing, where the e…

As I said yesterday, I think it would have been inappropriate to have made it a criminal offence for someone to inadvertently and unintentionally breach the code of practice or the basis, in Part 6A, upon which on the use of recording devices is set out. Notwithstanding that, there will be a code of practice issued. When An Garda Síochána is complying with and performing something in accordance with the code of practice, there will be disciplinary and performance consequences in respect of any failure to do so. The…

If it is a particularly egregious and deliberate breach, there is the capacity to refer that to Fiosrú to investigate misconduct by a member of An Garda Síochána, if it is considered serious misconduct. It is not just exclusively an independent, internal process. There is the capacity to be investigated by Fiosrú.

Senator Tully is correct in identifying that when it comes to the roll-out of new technology, sometimes pilot programmes are used. For example, a pilot programme on the use of tasers is ongoing at present in certain sections of An Garda Síochána. Similarly, body cameras are being used on a pilot project basis in Waterford, Limerick and Dublin. The benefit of pilot projects is that they show the efficacy and usefulness of a new type of technology. I am pleased to say that in terms of the impact of the body cameras a…