Jim O'Callaghan

I want to deal with the issue of detention of unaccompanied minors which has been presented in very emotive way in the House. I need to be clear about the circumstances when it will apply because to listen in to this debate you would think the detention of unaccompanied minors could happen in a haphazard or capricious way but that is not the case. Let us look at what is provided for in section 24.…

I thank colleagues for their contributions. The determination of whether something is in the best interests of a child is carried out every day of the week by judges. It is also a determination that is carried out in advance by Tusla or other agencies which find themselves having to go to court. There are unquestionably occasions where people have to determine what is in the best interests of the …

We need to recognise that when it comes to the drafting of legislation, we do not set out the circumstances in which the Oireachtas believes something would be in the best interests of the child. We have to allow a certain level of discretion. Of course all of this will be subject to very careful judicial intervention. That is why the drafting of the Bill is so important. We need to recognise tha…

I thank Deputies Gannon and Kelly for the amendment. I will discuss all of the amendments grouped together. Amendment No. 10 tabled by Deputies Gannon and Kelly can be divided into two parts. The Deputies want to set out in the legislation that the best interests of the child shall be a primary consideration in all matters affecting a person who is minor. I have no difficulty with this provision b…

I am going to consider it.

I was saying that we do not set out in the Constitution what the best interests of the child are.

I assure Deputy Gannon that I am not saying I do not see any merit in the amendment. I do see merit in it. I have indicated to the Deputy that I am going to consider it and that I will most probably bring forward amendments in respect of it to emphasise the best interests of the child. I do not think it is without merit. The point I was making about the reference in the Constitution to "the best …

I thank all of the Deputies who contributed to the debate on the three days over which it has been held. I recognise that every Deputy who contributed made a point of emphasising that they want to acknowledge the important role played by migrants in our communities. It is commendable that every speaker did that. It is apparent that there is a very good understanding in the Chamber of the differen…

As the Taoiseach said, the Kenova Report is a difficult read but it is an absolutely essential one for all of us in this House. Everyone must face up to the wrongs of the past honestly and squarely if we are to achieve lasting peace and reconciliation on this island. The survivors and the families of the victims of the atrocities detailed in this report, and society as a whole, deserve no less. We…

I thank all the Deputies who contributed. It is important at the outset to ask what the purpose of legacy is and what the purpose of Denton and Kenova, which we are discussing today, was. The purpose is to provide answers for families that never got justice and whose family members were killed in brutal circumstances in what everyone can agree was a dirty war on the part of everyone who participat…

I will say a few brief words. I am back, a Cheann Comhairle, from a lengthy sojourn in the Seanad, which I have to say was interesting and productive. I think I was in the Seanad for over 28 hours on Committee and Report Stages but it was a worthwhile engagement. As a result of the contributions from Senators in the House, I am coming here with five amendments to the legislation. Amendments Nos. …

I thank my three colleagues for their contributions. I also thank them for their support regarding the amendments that have been brought here from the Seanad. All three spoke about juries. I will deal with that matter presently. Before I do, I would not like people to think that the primary functions of this Bill are all to do with the abolition of High Court juries. There is much more to the Bill…

Section 26 has not operated in the way we wanted it to when it was enacted by the previous Oireachtas back in 2009. I think this will benefit it. What I am putting in will make sure it is fair, as well as reasonable. Regarding the retailers, there is a specific section that puts in place what was previously a form of qualified privilege where they had to stop somebody and ask them whether or not t…

I am going to tell him exactly that. I answered it here before. First, when you go into government, or if you are a member of a political party, as the Deputy knows, you sometimes have to go along with things you probably do not agree with.

The Deputy has to let me speak.

The Labour Party put forward a candidate in the last Presidential election. Deputy Kelly did not agree with it. He did not run off and resign from the Labour Party. He expressed his opinion and made it known but he got on with it and rowed in. That is one of the consequences of being a member of a political party, and more so, being a member of a government. It was a Government decision that was m…

I am sorry. The Deputy asked about my conviction. It is not a point upon which I am prepared to die in a ditch.

It is not the most significant change that I am going to be introducing as a Minister, to be frank with the Deputy. When we look at it, it is removing juries from the High Court in defamation actions. There is no right. I was listening to Deputy Boyd Barrett, who very carefully used his language. I was waiting for him to say it is a right, and in fairness, he did not - he said it is a principle. I…

The reason I am here advocating this is that politics, as Deputy Kelly well knows, is about compromise. Deputy Boyd Barrett said at the outset that there are disadvantages to being in a smaller party. That is true because you cannot cover everything. However, there are some great advantages to being in a small party, and there are some real advantages to being an Independent - you never have to co…

Amendments Nos. 4 and 5 amend section 13 of the Bill, which introduces a defence for broadcasters where a defamatory statement is made during a live broadcast, where the broadcaster can demonstrate that it took reasonable and prudent steps to prevent the publication of such a statement. Amendment No. 4 addresses a concern raised in the Seanad as to whether the defence would apply in circumstances…

I am taking a note of what the Deputy is saying.

I want to start by thanking Deputies Devine and Carthy for introducing this important Bill. As has been indicated, the Bill seeks to seeks to amend Coco's Law by criminalising the generation of non-consensual intimate images and videos, and also by increasing the maximum penalties on conviction. At present, it is a criminal offence to generate images provided they are then distributed and-or publi…

It would. The Attorney General has advised that the proposed increase in the penalty would be a disproportionate penalty for an offence where there is no requirement to prove any criminal intent. The reason we introduced Coco's Law was because images were being created and recorded and then being published and distributed. This was clearly very damaging and upsetting for the individuals concerned.…

I welcome the opportunity to address the House this afternoon to update it on road safety matters. I will be sharing my time with the Minister of State, Deputy Canney, and the Minister of State, Deputy Grealish, will be delivering the closing statement. I would like to take the opportunity to offer my sincere condolences to the family of Grace Lynch. Neither the Minister of State, Deputy Canney, …

I did not. That is wrong.