I thank the Deputy for her question. One of the most difficult things I have to do as Minister for Justice, and indeed, that the House has to do, is to resolve issues around balancing conflicting constitutional rights. This is an issue where there are conflicting constitutional rights that need to be balanced but, as the Deputy indicated, that balance needs to be shifted legislatively in the near future. The balance of rights is twofold. On one hand, there is the right to privacy that people have in counselling not…

I read that Supreme Court decision. One of the points mentioned by the court through Mr. Justice Collins was it was surprising that since 2017, when section 19A was enacted, there has not been a reported judgement on the hearing that should take place in respect of the challenge to counselling notes. I agree with the Deputy that it is very traumatic for someone to know that confidential counselling notes could be made available for the purpose of the defence of a criminal trial. None of us would like to see our med…

The Deputy is not being repetitive. On the intention of the proposed change, what will happen is a judge will look at a counselling note and make a decision on whether there is anything of relevance in it where, if it is not disclosed, it would result in an unfair trial. In most situations, it is highly unlikely that disclosure would then occur. However, what I cannot do, and I know some people want me to ask the Oireachtas to do this, is just have a blanket ban on disclosure of a certain category of documentation …

I thank the Deputy for his question. I am very aware of his long-standing interest and commitment in respect of this issue. I regret that there is a series of legislative priorities within my Department's remit at present. Departmental staff are working on 31 Bills. Officials in the Department, along with their counterparts in the Office of the Parliamentary Counsel, continue to work on this Bill, and all the other legislation, as promptly as possible. It may not be satisfactory from the Deputy's point of view that…

What I will do, although I have not discussed this with the Department, is give consideration to some short mechanism to put some provision in a miscellaneous provisions Bill that would deal with disregarding convictions that were imposed in these types of cases. In respect of the post office scandal in the UK, general legislation was introduced very promptly within a statutory scheme, which stated that for anyone convicted of these offences, those convictions would be disregarded. I will give some consideration as…

I commend Kieran Rose on the excellent work he has done in this area. He has been in contact with me frequently as well. I would appreciate getting a copy of that research. We are trying to revisit an injustice that was done to people in a different era. It is commendable that there is agreement in the House that this should be done. What we are discussing is the most appropriate statutory mechanism to do that. The more complex we make it, the more lengthy it will be. I will look to see if any straightforward, simp…

I thank the Deputy for his question. He specifically focused on the appeals tribunal but it is important to consider the position at first instance because that will really be the driver of the work for the appeals tribunal. The process of hearing and determining appeals at first instance has speeded up very significantly, even in the past year. In 2024, the IPO delivered more than 14,000 decisions at first instance by comparison with 8,500 in 2023. Already in 2025, or in the first third of the year, the office has…

The Deputy is correct that in trying to get a handle on, and gain control of, the appeals process, we also need to try to reduce the number of people coming to Ireland seeking asylum. We need to recognise that of the cases processed this year at first instance, more than 80% have been rejected. Regrettably, too many people are coming to Ireland claiming asylum who are not entitled to it. I accept what the Deputy said about the appeals process: it needs to be expedited. We can expedite it through the recruitment of …

As I indicated previously, the number of appeals on hand for the appeals tribunal is in the region of 12,000. I cannot give a breakdown of the years from which they originate. With regard to judicial review, there is a trend whereby people get a decision in the first instance and then appeal, and when they are rejected on appeal, they proceed to a judicial review. We also need to examine the judicial review system. A judicial review should not act as a stay upon an order that has been made by the appeals tribunal. …

I thank Deputy McGrath for this important question. I commend him on asking it because in order to achieve what we want to in the criminal justice system, we need an appropriate number of members of An Garda Síochána in the force. The Deputy asked a question about Templemore, which I will answer presently. He has also consistently and effectively campaigned to get more gardaí on the street in Cork city and county. I thank him for organising a recent trip to Togher Garda station, which was very instructive and usefu…

It is commendable that every Deputy in this House wants to see more gardaí in their constituency. I agree that there has been a noticeable increase in the visibility of gardaí in Dublin city in recent months. It has been commented upon. It has had a positive impact because individuals feel a greater sense of security and safety when they see members of An Garda Síochána in the vicinity. I am committed to ensuring increased visibility not just in Dublin but also in other cities and towns. I am aware of the issue in …

On the lack of capacity, each year, there can be four or five intakes into Templemore. It can take more than 200, probably up to 225 or so per intake. If there are five intakes a year, we will hit 1,000 a year if we get the stream of individuals coming through. The Deputy is right that capacity is tight. At present, the problem is not capacity in Templemore. The number coming through can be accommodated and we need to increase it. If Templemore is not able to accommodate the number coming through, my Department is …

I had a look at the statistics on the number of gardaí leaving the force. This year and last year, we are talking about between 1% and 2% leaving. Based on the calculations we have seen to the end of March, we are probably looking at somewhere in the region of 140 gardaí resigning from the force this year and with around 14,000 on the force. That is around 1%, which is extremely low. If one looks at the corresponding figures in the UK, we see that approximately 10% resign from the police force there. I do not want …

That is a valid point. There was some feedback from departure interviews as to why gardaí were leaving. My recollection is that 47% or 48% just got a better offer in the private sector. Regarding the Commissioner's figure of 18,000, we need to take into account that there are many civilians working within An Garda Síochána. They are not gardaí but they do work that was done by members of the force previously. We have approximately 3,500 civilians within the force at present and approximately 14,200 gardaí. Collecti…

I am obviously very accountable to the House, as I should be. Any information that my Department can provide will be provided. I will look into the issue the Deputy raises about getting further information from An Garda Síochána. Sometimes that just takes a bit of time but I have no difficulty with being accountable in this House for what gardaí do. There is nothing we can do about retirements although we did manage to change the age from 60 to 62. Sometimes I grant extensions to 63 or 64. In fact, invariably if I …

I thank the Deputy. If he will permit me, I will return briefly to something Deputies Carthy and Gannon raised. They talked about exit interviews from An Garda Síochána. What I should have mentioned in my answer was that exit interviews were done in 2024 and the main reason gardaí left was referred to as "family circumstances", namely, gardaí found it difficult to maintain their careers as Garda members while also managing family life. I thank Deputy Ó Murchú for his question about community safety partnerships. As…

The Deputy makes a very valid point. The whole logic behind establishing the LCSPs was to ensure we broadened it out so that it was not just a member of An Garda Síochána who was having to answer questions related to the HSE or other statutory agencies. As any member of a local authority will know, when it comes to responding to issues that arise in our community, it is very seldom the case there is just one statutory entity of which we can say it has responsibility and it will deal with it. In the area of criminal…

I thank the Deputies. In fairness, the 2024 Act was just commenced last month. Under section 114 of that Act, there is an obligation on me to make regulations in respect of the establishment of local community safety partnerships. I assure Deputies that officials in my Department are finalising those regulations. I will use a term I used previously; I believe I will be able to sign them very shortly. I certainly believe they will be signed and in place before we next have questions to the Minister for Justice. I al…

I agree with the amendment that proposes postponing the passing of Second Stage of this Bill for a period of six months. I thank Senator Ruane and Senator Flynn for introducing this legislation. It raises important issues, as has been identified by both Senators. It is not something that is highlighted publicly as an issue which is causing ongoing mischief in society but that is not a reason to oppose legislation. This is the third time I have encountered legislation in the Seanad and I have always found it a very …

The reason I am here is to seek approval from Seanad Éireann to allow Ireland to opt in to a proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2015/848 on insolvency proceedings to replace its Annexes A and B. I have a detailed speech, but I will give a succinct overview of what is involved to save Senators from having to listen to me for ten minutes. Essentially, what happened was that in 2015 the EU enacted a recast insolvency regulation. That regulation concerned ju…