I know Senator Keogan agrees with that; it is an extremely difficult job. It is the statutory agency responsible for the care of children. There is no other agency it would be appropriate to give this function to. It is also appropriate to place such a high level of discretion in Tusla. One of the arguments raised in the Dáil was Tusla must bring an application within six months if it is satisfied it is in the best interests of the child. That second hurdle will be easily overcome. Obviously there is nothing to sto…

I welcome this opportunity to introduce the Criminal Justice (International cooperation on Electronic Evidence and Other Matters) Bill. It recently passed all stages in the Dáil. Electronic evidence is central to almost every modern criminal investigation. Data now moves rapidly across the globe. As a consequence, the investigation of crime in one member state is often dependent on evidence located in another member state. Electronic data is inherently volatile. It is easily deleted, altered or moved. Of course, th…

I thank Senators for their contributions, which I have listened to carefully. Senator Gallagher spoke about how this legislation is very important for Ireland’s reputation and the position we have as a major European centre for the tech sector. That is correct and it is important that we try to transpose the directive as soon as possible. As we know, the regulation comes into effect from the middle of August, so it is important for Ireland’s reputation. When you look at it objectively, very many other countries in …

I thank the Seanad for welcoming me to the Seanad this afternoon to debate the proposed amendments to the Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026. I appreciate the engagement that Senators have had with the Bill to date, as evidenced by the amendments which various Senators have put forward, and I look forward to constructive discussion on those amendments along with those I am moving on behalf of the Government. Before we debate the proposed amendments, with the Cathaoirleach's per…

I have nothing further to add.

I thank Senators for the amendments they put down on Committee Stage, for which I am here today and back again tomorrow. I thank Senator Ruane for her amendments Nos. 1, 2 and 3, which seek to amend section 4 of the Bill by deleting the amendments I am proposing to the Firearms Act, which refer to the use and capacity of the Irish prison service to have incapacitant spray. At the outset, I acknowledge that Senator Ruane has consistently displayed an interest in penal matters and has very good knowledge of the press…

I agree with Senator Ruane. I accept that the increase in population is not the only reason why there has been an increase in the prison population. However, it is not inconsistent of me to say that prison capacity should have kept in line with the population increase. The Senator is, of course, correct in recognising, as I do, that there are other reasons why our prison population has increased. First, new laws are being created. We are the people who make the new laws. We are the people who say whether or not a p…

These are essential measures to clarify the authority of the Garda to deploy radio frequency jammers to counter drones, or what are technically referred to as unmanned aircraft systems, where required as part of carrying out its statutory functions under the Policing, Security and Community Safety Act 2024. I will briefly give Senators the background. Drones have increased significantly in prevalence and capability over the past decade. Improvements in accessibility, affordability and ease of operation have resulte…

I thank the Senators for putting forward the amendments and all Senators for their contributions. Just so everyone is aware, we are discussing proposed amendments to section 9 of the Bill and that is the section that seeks to put in a new provision into the Defence Act 1954 to ensure that there is an updated statutory mechanism in respect of members of the Defence Forces being deployed in aid of the civil power. At the outset, it is important to be aware of, note and record that, at present, there is ongoing assist…

I will be brief because I am conscious that there are other amendments. It is instructive to note that there is a report laid before this House every year which sets out detail about that. No one ever talks about it or raises it. The information is provided there. As the information was provided in the past, it will continue to be provided in the future. There must be recognition that the amendments that have been set down would be grossly inappropriate, considering the nature of the requests that are going in from…

I thank Senator Black for moving this amendment and for her contribution. It is the case that a miscellaneous provisions Bill is a very useful legal instrument for the purpose of trying to make varying changes to different laws, and you can get it done on a pretty fast and expedited basis. I do not make any apology for the fact that that is what I am seeking to do. I have had very significant engagement with the Houses of the Oireachtas in respect to this legislation, in particular with the Seanad. I believe that t…

I thank Senator O'Reilly for her amendment and contribution. We are dealing with section 15 of the Bill, which deals with a proposed amendment I am making to the Criminal Justice (Community Service) Act 1983. We had a good discussion earlier about the use of incarceration and prison as a penalty for violation of the criminal law. In many respects the proposal I am putting in section 15 complements that and is reflective of a desire for courts to recognise there are other options available for the purpose of grantin…

I thank Senators for the amendments they have put forward and for their contributions. I will start by saying that I understand and acknowledge the depth of feeling that exists on this issue. I have heard it not just on Committee Stage in the Dáil and here and on other Stages. I have heard it from people who have come before me and I am fully aware of the legitimate intensity of feeling that people have in respect of this issue. I wanted to say that at the outset. The more I listen to people, the more I appreciate …

The reason the 2017 statutory regime did not work is because it provided for a waiver. Senator Higgins refers to it as me now removing agency, but the reason the waiver made the scheme non-workable was because many people - complainants in sexual abuse or rape trials - were told they did not want to go through an interlocutory preliminary hearing to have an assessment as to whether the counselling notes should be handed over and that they should just hand them over. There is a provision under the legislation. I thi…

I thank Senator Higgins for tabling this amendment and for her contribution. I often look for areas where we have agreement. There is agreement between us to the effect that there is a difference between biometric analysis and biometric identification. That is why in this legislation there is in the first instance a definition of "biometric analysis". the legislation then states that this "does not include biometric identification". The legislation proceeds to define biometric identification. The Senator's criticis…

Amendments Nos. 4 to 6, inclusive, and 10, are my amendments. I am proposing to make them to section 43C to include international co-operation as a purpose under the Bill. This is to ensure that there is clarity that the Garda may use biometric analysis where it is necessary and proportionate to do so, in the context of its co-operation with other international law enforcement authorities such as those in other member states. The provisions of the Bill will therefore apply to such co-operation. The amendments to su…

I thank Senator Higgins-----

The reason I did not stand up the last time was because I was only allowed to speak once. However, now I am allowed to speak twice because I am the mover of the amendment. The mover of an amendment is entitled to speak twice on Report Stage, but I am not. That was the reason I did not stand up in response to the Senator's previous contribution.

I also believe that the answer I provided was sufficient to answer the queries that she raised. The Senator talked about the proposed amendments to section 43C. As she will be aware, the primary amendment I am putting forward here is to include a new paragraph in section 43C(2). It provides that a member of Garda personnel shall not carry out biometric analysis other than for one of the following purposes, and the new purpose I am putting in is where it is necessary for co-operation with one or more other law enfor…

I thank Senator Higgins for her amendments. We are discussing amendments Nos. 7 and 8. Before getting into the substance of the amendments, I wish to address the question Senator Higgins raised at the outset. She again said that I failed to identify the distinction between biometric analysis, which is provided for in this legislation, and biometric identification, which she rightly says is covered in the AI Act. While I do not want to go back over old ground, the biggest distinction between the two is the fact that…