Amendment No. 11, put forward by Senator Keogan, and amendment No. 12, which has not been moved but was referred to by Senators Higgins and Ruane, seek to amend the definition of abuse of proceedings against public participation contained in section 19. These amendments would substitute the requirement in the current definition of abusive court proceedings against progressive participation that such proceedings would have as their main purpose the prevention, restriction or penalisation of public participation with…

I move: "That the Bill be now read a Second Time." I am pleased to introduce the Courts and Civil Law (Miscellaneous Provisions) Bill 2025. I look forward to the debate and discussion here with Members in respect of this legislation. I acknowledge and thank Deputy Carthy, who is the Chairperson of the justice committee, for the fact that the committee has agreed to waive pre-legislative scrutiny of this short Bill. That is the appropriate decision to make, and I thank the members of the committee for agreeing to my…

I thank all Members who made contributions. I listened to them very carefully. Deputy Carthy started off talking about long delays in cases that involve sexual violence. I think Deputies Ward and Ó Murchú mentioned that as well. It can be the case that there are lengthy delays when it comes to complaints made to An Garda Síochána about sexual offences. If we think about what the Garda is required to do and the time it can take for a victim to come forward to An Garda Síochána, sometimes allegations of complaints of…

I move: That the Bill be referred to the Select Committee on Justice, Home Affairs and Migration, pursuant to Standing Orders 103 and 188.

Both I and the Minister of State, Deputy Brophy, very much welcome the opportunity to discuss in Dáil Éireann the processing and enforcement of international protection. It is important to emphasise what, in fact, is meant by "international protection". It is sometimes confused with other areas of immigration. "International protection" is the term that we use to describe those people who come to countries such as Ireland, or indeed any other country, because they say that they are fleeing persecution or war. It de…

I thank Senator Ryan for raising this important matter. I am fully aware of her interest in CCTV cameras in Limerick. The matter is extremely important, as she stated. One of the things I, as Minister for justice, am seeking to do is ensure that people feel safe in their communities, whether that is in Limerick or in any other part of the country. It is unquestionably the case that where people have CCTV cameras, they feel a greater sense of security. It is unquestionably the case that the presence of cameras deter…

I appreciate the importance of it. I certainly want to see it continue. With regard to what has happened with the funding, the funding had originally been provided, and is still being provided, by the Department of housing under the regeneration projects in Limerick. In fairness to the Minister, Deputy Browne, his Department indicated a number of years ago that it would be gradually reducing the moneys provided for the scheme, so it was flagged a number of years before now. As Minister for justice, I obviously want…

I thank and commend Senators on their contributions today and on the previous occasion. I said previously that one of the functions of the Oireachtas when it comes to any defamation Bill is to balance the constitutional right to one's good name with the constitutional right to freedom of expression. I said previously as well that sometimes the general emphasis is on protecting freedom of expression. I commend Senators on emphasising in this particular section and amendment the constitutional right to one's good nam…

Senator Norris started his contribution by stating that then Minister, now Senator McDowell, had a reputation for being a rottweiler, but Senator Norris was concerned that he seemed to have turned into a chihuahua. The basis for this charge being made by Senator Norris was that he thought then Minister, now Senator McDowell, had completely caved to the interests of newspapers and media owners by the section 26 defence he was bringing forward nearly 20 years ago. It is important to understand the purpose behind the …

It was the Louis Blom-Cooper case.

It was Mr. Justice Ó Caoimh.

I thank Members for their contributions, to which I have listened very carefully . I will begin with Senator Ruane, who made a number of interesting points. Her first point was on non-disparagement clauses and she inquired as to the interlink between non-disparagement clauses and the defamation laws that operate at present. My view is there is no link between the two. If somebody has signed a non-disparagement clause, say with a former employer, this does not restrict them from making comments about the employer in…

Yes. I will go back and reflect on it. I like the idea of having a provision that is just reflective of section 26(1). Section 26(2) makes it a complicated and difficult statutory defence to operate. I hear what the Senator said in respect of section 26(3). My assessment in that regard is that it will not mean that if someone does not reply, it is an inference that they are happy with it. That is not the case. If the Senator looks at the provision that will be inserted in section 26, it states that where “such enqu…

We will come back to that. Part of the reason the media in Ireland are responsible and careful is the defamation laws, which have had a positive impact on Irish journalism and media. You know if you read something in a respected Irish newspaper that it is, to a large extent, true and if they get it wrong, that will be established fairly promptly. I note Senator McDowell's point about the Press Council. It is preferable if the new section 26 is not just limited to people who decide to become part of the Press Counci…

It shows the usefulness of the Upper House that we are having a very detailed discussion about this. I also note what Senator McDowell said about Report Stage. I did not know that. I am not guaranteeing anything but I will consider whether amendments can be tabled to take into account what Senators said. I want to clarify for Senator Craughwell that I did not say it was in the public interest that the Garda investigation would get into the public domain. I said the defence of truth allowed it as a defence to say th…

I never said that.

Really?

I said ordinary media.

It is 38%.

I am conscious that this is the first time Senator Conway has spoken on this grouping of amendments. At the end of his contribution, Senator McDowell mentioned that insurance companies are dictated to by the bottom line, and he is absolutely right about that. However, as legislators, we cannot be dictated to by people whose only interest is the bottom line. We need to enact legislation that balances constitutional rights. Simply because insurance companies decide to pay out because it suits their commercial interes…