I thank the Minister of State. Then I will withdraw it.

I sympathise with the first paragraph concerning the consequences of failing to comply with a search because when one looks at section 15, if somebody obstructs a search, it is important that he or she should know that under section 15, he or she is liable on conviction on indictment to a fine not exceeding €30,000 or imprisonment for a term not exceeding five years year or both. These are serious consequences for acting the maggot on a street and resisting a search under whatever misapprehension be it assisted by …

I wish to speak to my amendment No. 26 a on the first additional list of amendments, which has been circulated. The purpose of this provision is to insert a new subsection (3) into section 13 to enable the Minister by regulations to provide for any record, which is required by section 13(1), to include such particulars as the Minister may prescribe in such regulation of the race, ethnicity, nationality or other social characteristic of the person searched or of the driver of the vehicle searched. This proposal is s…

I know the Minister of State has been recently appointed and that this attitude of the Department probably predates her appointment. Nothing I am going to say now is intended personally but I am shocked by the attitude the Department exhibits in its briefing of the Minister of State, as represented in her contribution. In Britain, it is considered important that racial minorities be protected by the provision of statistics that draw to the attention of the British Parliament, the police force and the public who is …

I take that last point, which was that the media can make what they want of information. People like Tommy Robinson and Elon Musk will put two and two together and get 22 if they want. I appreciate that. However, what I am saying is that in light of the ruling from the Chair on the last occasion, the amendment I have tabled has been specifically altered to make it entirely voluntary and discretionary. There is no compulsion on a Minister to do anything with it. If he does not make any regulations, that is the end o…

I agree completely with Senator Ruane. Senator Byrne's point would be marvellous if somebody was stopped and searched, found to be clean and walked away. Would it not be great if the whole thing was forgotten in some way and there was no record of that person being stopped and searched? It would be nowhere. It would not exist. Section 13 of what the Government is proposing states: (1) A member who carries out a search under section 9 or 10 of a person or a vehicle shall, in accordance with this section, make a reco…

The Minister of State had suggested that the PPS identifiers could be of relevance in that the CSO would have access to PULSE data, try to match that to name, address and date of birth, and then produce some survey. I do not believe the CSO has the right to do that. I very much doubt that it would go through all of PULSE working out which people had been stopped and searched and then try to draw this data itself. The more obvious thing to do is for the Minister to say to the Garda that it would keep this data. The …

That is-----

That makes it worse. The Garda will not give the Minister this information but it will give it to the CSO. That is barmy.

Ethnicity-----

Or nationality.

I move amendment No. 26 a : In page 12, between lines 3 and 4, to insert the following: “(3) The Minister may by regulation provide for any record required by subsection (1) to include such particulars as may be prescribed by such regulation of the race, ethnicity, nationality, or other social characteristic of the person searched or of the driver of the vehicle searched.”.

I want to intervene to mention that while I was temporarily out of the Chamber the Minister of State took it upon himself to say I was dismissive of Mr. Justice Gerard Hogan. I am not dismissive of him at all. He is a good friend and a jurist whom I admire greatly. I am however dismissive of the suggestion that Ireland can unilaterally and without making a protocol or reservation of any kind in acceding to the CETA agreement reserve unto itself in safety the right to refuse to implement awards of the arbitral court…

I welcome the Minister of State here today. I also welcome the motion tabled by Senator O'Loughlin. I agree with everything stated therein. In the immediate aftermath of 7 October 2023, I spoke in this House about what was likely to happen as a result. I pointed out, more or less with uncanny accuracy, what the result would be if Benjamin Netanyahu unleashed military force on Gaza. Some 70,000 people have been killed in Gaza since. Nothing in the horrific attack perpetrated by Hamas on innocent people on 7 October …

Yes, if that is agreeable to the House, on the basis of three minutes for me and five minutes for Senator Boyhan.

I welcome the Minister to the House and welcome this Bill entirely without reservation, except that it may lean too far backwards in restricting the use of these methods to assist An Garda Síochána. I fully accept that European law is a constraint in this matter. I merely wanted to put on the record of the House that it is now more than 20 years since I went, with the then Commissioner of An Garda Síochána, to the United States of America and inspected CCTV systems run in Chicago and other places to reduce crime in…

I first want to remind myself and put on the record that the Emmett Corcoran case to which the Minister referred was one in which I was personally involved as Mr. Corcoran's counsel. I respect the rules of my profession that I am not supposed to comment on cases in which I appeared. Nothing I say now is supposed to compromise in any sense that perfectly sensible rule. I have a few questions for the Minister. As I understand it, the particulars of the Corcoran case, as outlined to the House by the Minister, appear t…

The Minister said that the offences in the Schedule are all serious offences, and many of them are, but if he looks at paragraph 14 of the Schedule of offences he will see it states that any "offence under section 4 ... of the Criminal Justice (Theft and Fraud Offences) Act 2001" is an offence for the purposes of the Act. When I look at section 4 of the 2001 Act, I discover that any offence of theft is covered by the Schedule. It is not all at the level of murder or anything else. That is the first point I want to …

I fully accept that the privilege still exists but what is the consequence if the file can be read by a garda who, bona fide, believes the file is there and is evidence relating to the commission of an offence? There is no protection at all for the journalist in those circumstances. The garda has actually taken the file out of the car, read it, shut it and put it back in the car and knows precisely what is in it. The garda has invaded the journalist's privilege successfully and, because no warrant was involved, he …

I do not see anything fanciful at all about a member of An Garda Síochána, who knows there is evidence in a car relating to the commission of an offence, stopping and searching that car and looking at the evidence. I do not think there is anything fanciful about that. Section 4 the theft Act is so wide it could deal with somebody who stole from their employer or stole from their place of work. Evidence relating to that could consist of photocopies of documents in the possession of a journalist. I am not against the…