Jim O'Callaghan

-----you have to push it through. I know people are, at one level, criticising me because this Bill contains a whole variety of different issues. It does. I have tried to squash as many issues as possible into this Bill because I want to get these provisions enacted for the benefit of people, such as men in Ireland who were convicted of homosexual offences prior to decriminalisation. In fact, it w…

One of the criticisms that is regularly made is that I am not getting things done and I am sitting on things, as the Deputies are all perfectly entitled and obliged to say to me if things are not being done. I know they are not asking me to, but I am not going to apologise for trying to get important measures that are of benefit to the public enacted as quickly as possible. I think we all agree th…

I move amendment No. 1: In page 7, line 23, after “2004,” to insert “the Criminal Justice Act 2006,”. I will deal first with amendments Nos. 1, 21 and 32. Amendment No. 1 amends the Long Title to include a reference to the Criminal Justice Act 2006. Amendment No. 21 is a technical amendment to section 16(1)(b) to substitute a reference to the singular "subsection" with a reference to the plura…

I move amendment No. 2: In page 7, line 32, after “trial;” to insert the following: “to give effect to the ratification by the State of certain amendments to the Rome Statute of the International Criminal Court, to further enable authorities in the State to cooperate with the International Criminal Court, and for those and other related purposes to amend the International Criminal Court Act 2006…

I move amendment No. 3: In page 8, line 6, after “2021;” to insert the following: “to provide that the Minister for Justice, Home Affairs and Migration may, in respect of applications made to the Minister, issue to certain persons certificates of disregard in respect of certain historical convictions and other determinations relating to consensual sexual activity;”. The amendments I am moving i…

Yes, certainly.

1962.

I am.

I thank the Deputies for their contributions. I will start with Deputy Ó Snodaigh. Like him and other Deputies, I should also commend people who are not Members of the Oireachtas but who really led the campaign to see this injustice righted, in particular, Karl Hayden and Kieran Rose. I commend them and acknowledge the excellent work they did. Deputies Ó Snodaigh and Kelly have both asked why the…

Yes. It could be the case that there are no records. The scheme is flexible enough to permit statements. Another thing the Deputy mentioned was the friend. There is a very broad definition of a "relative", which is contained in the scheme and in section 42. This is going to apply in respect of a deceased person. There are mechanisms whereby it could be considered. The person may have nominated a …

Judges were appointed by the Crown.

I move amendment No. 4: In page 8, line 9, after “1997,” to insert “the Social Welfare Consolidation Act 2005,”. Amendment No. 69 inserts a new section into the Bill to amend Schedule 5 of the Social Welfare Consolidation Act 2005 in order to add the Courts Service to the Schedule. This will mean that the Courts Service will be a specified body for the purposes of specified provisions of the 200…

In fairness to Deputy Daly, it would be a bit rich of me if I objected to him raising a matter that is outside the scope of the Bill, since the Bill is so broad in any event.

I hear what Deputy Daly says. The scheme that is being brought in on 1 July is designed to improve efficiencies in the criminal legal aid scheme and the District Court. I fully appreciate the important role played by solicitors under that scheme. I have met the Law Society and Bar Council in respect of it. The system would be greatly improved and there will still be proper payment for solicitors i…

I am conscious that we have many amendments to get through.

If Deputy Gannon wants to table it as a Topical Issue matter, I am happy to come in. The scheme that operates at present means that people get €260 for the first appearance and €60 for every appearance after that. That incentivises inefficiencies. Research has been completed in the Department that shows that the hearing of criminal cases in the District Court which are governed by the criminal leg…

I move amendment No. 5: In page 8, line 11, to delete “and” and substitute “, the Criminal Justice (Miscellaneous Provisions) Act 2023,”. Amendments Nos. 70 and 71 are small technical amendments to both the Family Courts Act 2024 and the Criminal Justice (Miscellaneous Provisions) Act 2023 that are necessary ahead of the standing up of the first family courts next year. The amendments are to fix…

I move amendment No. 6: In page 8, line 12, after “2023” to insert “and the Family Courts Act 2024”.

I move amendment No. 7: In page 8, line 25, after “Act” to insert “(other than Part 4 and section 44)”.

I move amendment No. 8: In page 8, to delete line 31 and substitute the following: “ “Act of 2007” means the Prisons Act 2007; “Act of 2017” means the Criminal Law (Sexual Offences) Act 2017;”.

I did say that and I looked at it. I support the intention behind the legislation to ensure that there is legal recognition of the fact that gardaí deserve to be protected. My problem was that I need to have broader consideration of the legislative proposal in light of other legislation that exists at present. For instance, one of the things that was brought to my attention was that section 19 of …

I am not supportive of Deputy Kelly’s amendment. I do not find it frequently the case that my access or the access of many colleagues coming in and out of the Houses of the Oireachtas is blocked. I do not recall ever being blocked coming in or out. I suppose the purpose of it is to say we do not tolerate intimidation of elected Members of the Oireachtas and I think that is valid. It is important …

I move amendment No. 12: In page 10, line 38, to delete “Prisons Act 2007” and substitute “Act of 2007”.

I was at the committee hearing as well, as was Deputy Carthy. He got a straight answer from the Minister for Defence when she told him that these proposals were put before the Government before any fuel protest. His suggestion that there is an attempt to link them is completely untenable. I will deal promptly with this because, like others, I want to get to the counselling notes amendment, which i…

I considered it, and my concern is that the proposed amendment is seeking to merge and align community service and probation. The Deputy knows they are different statutory regimes. The Probation of Offenders Act deals with a court being able to dispose of a summary offence either by dismissing the charge or by discharging the offender conditionally. Obviously, community service is something differ…