I know from reading the submission made by the Law Society that it also asserts this is a flawed proposal. When we think of efficiency, I am sure there are plenty of unnecessary adjournments in some cases, but in many there are not. As a community worker, I always try to portray to people whom we go to for funding that you cannot measure human interaction in efficiency or number of outcomes, number of adjournments or number of cases. It is a matter of how you work with individuals on a day-to-day basis, especially …

I move amendment No. 2: In page 6, lines 25 and 26, to delete “other place at which a person may be held while in the custody of An Garda Síochána” and substitute “vehicle”. This amendment simply proposes to delete the words "other place at which a person may be held while in the custody of An Garda Síochána" and to insert "vehicle". It seeks to narrow the definition of a "Garda custody facility" in the Bill to a Garda station or a Garda vehicle. We believe that the definition in the Bill as it stands is far too wi…

In this grouping, we have amendments Nos. 32 and 33. Section 17 outlines the procedure for applying for a search warrant by a member of An Garda Síochána. Section 17(5) outlines that, if the member suspects that privileged material will be present at the place of the search, he or she must include this information in the application for the search warrant. Section 18 provides for a privilege screening in instances where a judge considers it necessary and proportionate. However, it is not mandated in every instance.…

This is for a practical understanding. The screening process only begins after search warrants have been issued. If a screening is done on whether something falls within the realm of journalistic privilege, who, at whatever level of An Garda Síochána, actually carries out the screening process? This is unlike a solicitor with disclosure in court and what can or cannot be considered. Several gardaí could raid a home or use a warrant to remove someone's devices and those gardaí will have access to everything that exi…

I will remap in steps what has been said to understand the intent. I now understand that there is one scenario where there is awareness that there could be journalistic privilege and that is given as part of the request for a warrant. When a warrant request is given and the judge decides that it is necessary and proportionate for there to be a privilege screening, who conducts the screening?

The guards do the screening. That means the guards have access to lots of privileged information although they might only need-----

Yes but the journalist has, to a degree. My point is there is other journalistic information within that, which will not be relevant to what the warrant was for, that people will still set eyes upon. It is more just stating the fact of it rather than questioning it right now. I now understand that there is another instance where the guards have a warrant but are not aware that there is potential journalistic privilege and at that stage-----

-----they will cease. Will the guards walk away once somebody says that?

The guards will not be required to return to the court for a warrant like the one you would get if you applied for a warrant under the awareness of journalistic privilege. Everything can still be taken and it will go through the process even though the judge has not decided whether it is proportionate or necessary.

That is fair, yes.

Will the guards assess it like they would with screening or will it go back to the judge?

I struggle to understand this because, in one sense, we are saying the guards will assess the material and then that the High Court will decide on that material.

Am I correct to think that in the case where a guard is not aware and conducts a search and where a person asserts his or her journalistic privilege at that stage, then the Garda, even without the appropriate warrant associated with journalistic privilege, is required to do the screening on the mere mention that this is journalistic privilege?

I thank the Acting Chairperson for allowing a back-and-forth discussion; it is helpful. In the instance where a guard goes to a District Court to request a warrant then, within this legislation, as part of that warrant request, if the guard is concerned that it is a journalist or someone else who has privilege, then the guard lets the judge know.

Is the Minister telling me that the warrant that a guard will receive from that judge will be the exact same warrant, with the exact same criteria and powers as a normal search warrant if the guard did not realise it was a journalist? What is the point in the judge setting out the parameters of the search warrant and he or she needing to know if there is already an automatic assertion of journalistic privilege, which then would have to go through a screening because somebody has said he or she has journalistic priv…

We have gone back and forth on this a few times. If a Garda makes an application for a search warrant and makes the judge aware that there is a risk to journalistic privilege as part of that search warrant and at that point, the judge decides to go ahead with the search warrant and the gardaí carry out the screening assessment. Having insight and understanding regarding An Garda Síochána's protection of data rights over the years and data leaks, it is very concerning that the assessment of privilege would happen at…

If I want to resubmit them at Report Stage, would I be better off speaking to them?

I move amendment No. 6: In page 9, to delete line 5. Amendments Nos. 6, 7, 9, 12, and 13 relate to stop-and-search powers. Obviously, many of the exceptions referenced are hugely important to relevant articles, but not necessarily in terms of recodifying some very concerning stop-and-search powers within this legislation. This suite of amendments seeks to narrow the definition of what constitutes a relevant article under this Bill, which we believe is far too wide as drafted. Given how invasive, degrading and humil…

I have lost my flow. Time is a construct. Very briefly, section 3 is most concerning to me. It is used and abused so much. You cannot take section 3 of the stop-and-search powers alone. Sections 2, 3, 15 and 23 of the drugs Act are obviously all inter-related, so when we mention them with regard to this Bill, it is hard not to take them as a suite of stop-and-search powers in relation to possession. I grew up in a community where we were stopped and searched daily, even as children. You began to run from the police…

I hope that over the coming months, or at the least before the summer recess, this House can have statements on early onset Parkinson's disease. It often gets very caught up in the conversation on later age Parkinson's, but it is very different in its presentation, the interventions that are required, the impact it has on starting a family and on the person's work life. A person's life can become very impoverished quickly because they cannot work or gain work. I happen to somehow have a few people in my life who ha…