These measures will allow the courts to bring a more flexible and efficient approach to such proceedings and save further time for gardaí, prison officers and other court users. The Bill also provides for reforms in respect of prisons and penal policy. It supports the programme for Government commitment to extend the use of community sanctions by obliging the courts to consider a community service order in lieu of a prison sentence of up to 24 months duration - the current such threshold being 12 months - and doubl…

Sometimes I just speak off the cuff. I am giving a speech. Can the Deputy not just listen to me?

I am just giving a -----

Okay.

I am giving the speech.

The Bill, therefore, deletes the waiver provision. Do we have a copy of the speech, by the way?

If Deputies want, I will wait until it comes. If the Ceann Comhairle will stop my clock, I will wait until it arrives.

I was focusing first on the issue of counselling notes. I again acknowledge the distress that the disclosure of such personal and sensitive information can cause. As Deputies will be aware, section 19A of the Criminal Evidence Act 1992, which was amended in 2017, was drafted with the intention of ensuring an appropriate balance between an accused’s right to a fair trial and a complainant’s right to privacy. It permits an accused person to make an application to the court for the disclosure of counselling records, b…

I know.

I thank all 13 Deputies for their contributions this afternoon. I also want to acknowledge the presence in the Gallery of survivors of sexual assault and rape and representatives of survivors and, indeed, representatives of those advocating for a disregard scheme. I hope the debate has been sensitive in terms of what they have had to listen to and I hope it has been in some way illuminating. Generally when responding to contributions from Deputies, I like to go through them individually and deal with each Deputy’s …

Gabhaim buíochas leis an Seanadóir Costello as an gceist a chur. Is ceist fíorthábhachtach í do na tuismitheoirí, go háirithe tuismitheoirí os comhair ár gcúirteanna. I thank Senator Costello for raising this important issue. The issues the Senator has identified clearly reflect the importance of child maintenance and of receiving child maintenance and the significance attached to being a parent. As she indicated, my Department carried out a review of enforcement of child maintenance orders. The review, which was c…

Family law is the aspect of law that affects the majority of people in the country. Fortunately, most people do not end up before the courts. If, unfortunately, you find yourself in a family dispute and there are children involved, you probably do need to go before the courts. It is important that we, as legislators, ensure that the system for family law in place is fair, efficient and helpful to people who come before the family courts. Our sole objective should be trying to facilitate the individuals before the c…

I thank Senators McDowell and Craughwell for this amendment. It very much reflects one of the amendments that was put down by the Senators on Committee Stage in this House. The objective of it is to try, as Senator McDowell said, to soften the removal of juries from defamation claims by granting a jurisdiction to the High Court to permit a jury action in certain instances. Notwithstanding having listened very closely to Senator McDowell, I am concerned about the amendment and I cannot support it. I will explain why…

I will start by saying to Senator Craughwell that just because I was and Senator McDowell is a lawyer, that does not give us any greater authority to speak on these matters or to play the role of legislator. With regard to the proposed amendment, it deals with the serious harm test that has been introduced for the corporate claimant in defamation proceedings. The Leas-Chathaoirleach may recall that in England and Wales there is a requirement, whether you are a corporate entity or a personal litigant, that you have …

This is the first time I have done Report Stage amendments in Seanad Éireann and I had not been aware that I am only allowed speak once. I apologise to the Senators for the fact that some very interesting points have been raised in respect of the previous amendment and I did not get an opportunity to respond to them. Without wishing to give officials in my Department a minor heartache, I will briefly refer to one of the points that Senator Mullen referred to on the previous amendment. If there was a restaurant, cal…

It is a statement.

I thank the Leas-Chathaoirleach. Obviously I listened very carefully to what Senators said on the last occasion. I am aware we are very much focused on certain legislative provisions within the amending Bill but if it is enacted by the Houses and promulgated by the President, there will be two parts of it that will stand out as being changes of significance, or maybe three. The first will be the Norwich Pharmacal provision being put on a statutory basis, which is a very significant development. Second, I have to co…

I am conscious that Senator Gallagher agreed to the recommittal of section 11 but it was on the basis that Senator McDowell had indicated he just wanted to raise questions and to get a response from me on them. I intend to do that but I hope it will not extend things too much. To be frank, I hope we can finish this today. That was the basis upon which I agreed to go along with it, or Senator Gallagher-----

I certainly have not blocked full and free debate here.

In terms of the amendments that are put forward here, amendment No. 9 in the name of Senators McDowell and Craughwell wants me to put in a further paragraph at the end of subsection (1) that will say, "the publication of the statement was fair having regard to the rights of the plaintiff including the right to his or her good name." I believe amendments Nos. 6, 7 and 8 which I have tabled achieve that objective because they have put back in, front and centre, the requirement that the publication be fair on the matt…