Jim O'Callaghan

Do I have time to start, Ceann Comhairle?

What is the Deputy saying to me? Is he saying that I should not speak for too long to allow for a vote on this?

Okay. Can I have two minutes?

The first thing I want to say is that I have listened to people in the House. I acknowledge the presence of survivors in the Gallery and I commend them because the law is being changed because of the advocacy of campaigners. We all agree on one thing, which is that the current situation is unacceptable. The current statutory scheme that operates is unacceptable and needs to be changed. It needs to…

That is why I have left them in and the advice I have received is that they have been of assistance in achieving convictions. I am conscious of what Deputy Gannon has said and I want to allow a vote.

I move: "That the Bill be now read a Second Time." I am very pleased to introduce the Guardianship of Infants (Amendment) Bill 2026. This Bill upholds a fundamental principle that those convicted of the most serious crimes should not retain automatic legal authority over the children left behind. This Bill delivers on the programme for Government commitment to "examine proposals to remove guardia…

I thank the Deputy.

I thank colleagues who have spoken and contributed to the debate. It is notable that everyone who spoke and every political party represented in this House - indeed, every Independent TD - is supportive of this legislation. That is unusual. The reason there is such support for it is significantly because of the memory of Valerie French. The campaigning of David French and his sisters is something …

I move: That the Bill be referred to the Select Committee on Justice, Home Affairs and Migration pursuant to Standing Orders 103(2)(b) and 188(1).

Before we go through the amendments, I want to acknowledge and thank Deputies for their engagement on the Bill on Committee Stage and now on Report Stage. I have noted and considered the issues raised by Deputies on Committee Stage and I look forward to working constructively with the Leas-Cheann Comhairle and Members of the House to ensure this important Bill can be passed.

I thank Deputy Ward for moving his amendment. As he indicated at the outset, we are dealing with group 1, which comprises amendments Nos. 1 to 6, inclusive, and amendments Nos. 11 to 14, inclusive. As Deputy Ward indicated, they are all in respect of issues associated with crimes against humanity, genocide and war crimes. Deputy Ward is being specific about saying these amendments are focused on t…

As I said, it is already an offence. If individuals involved in armed forces are engaged in war crimes or crimes against humanity, there is a consequence to that down the road. In terms of the enforcement of this, all we in Ireland can do is set out in our legislation what we believe should be the appropriate standard of international law applied domestically. We have done that. We criminalised ge…

I move amendment No. 7: In page 4, to delete lines 3 to 11 and substitute the following: "(d) by the substitution of— (i) the following definition for the definition of "terrorist activity": " 'terrorist activity' means— (a) an offence specified in Part 1 of Schedule 2 committed with the intention of— (i) seriously intimidating a population, (ii) unduly compelling a government or an interna…

The Bill we are dealing with is terrorist offences legislation, the primary purpose of which is to protect people in Ireland from terrorist attacks. It is for the purpose of transposing the 2017 EU directive on updating the laws in respect of terrorism. That arose predominantly because of the attack on the Bataclan theatre and other very significant terrorist attacks that took place in Europe from…

I thank Deputy Ward and Deputy Murphy for their contributions. Deputy Ward wondered whether I had any concern that the definition of terrorist activity or terrorist-linked activity could, in some respect, interfere with and criminalise legitimate protest as we know it. No, we are not in a situation where we have a similar type of laws here, nor would I or the Government ever propose similar type o…

Deputy Murphy also raised a question as to whether, under the definition that is put forward here in amendment No. 7, the fuel protestors would come within terrorist activity or terrorist-linked activity. The answer to the Deputy's question is "No". If you look at the definition, you obviously have to recognise the serious offences contained within Part 1 of Schedule 2-----

-----and there is an understanding as to what it, in fact, means.

I thank the Deputy for the amendment. I assure him he can continue to commemorate whatever patriot dead he wishes, now or in years to come, and if this provision is enacted, it will have no impact on what he seeks to do. It is important to point out the type of terrorist activity that is going to be covered by this legislation. Earlier I gave the example of what happened in the Bataclan in 2015. I…

It will not be a function of a future Minister to interpret this section if it becomes part of the law. It will be a matter for An Garda Síochána in the first instance to consider whether or not there has been a breach of this section. It will then be a matter for the DPP to decide whether or not a person deserves to be prosecuted for public provocation to commit a terrorist offence. It will final…

I move amendment No. 10: In page 7, to delete line 7 and substitute the following: “(II) an offence under subparagraph (i) of paragraph (b) of subsection (1) of section 6,”. This is a technical amendment that refers to the offence of travel for the purpose of terrorism. The precise requirement this amendment is dealing with is the provision for the offence of travelling from the State to anothe…

I move amendment No. 15: In page 7, between lines 32 and 33, to insert the following: “Amendment of section 5 of Principal Act 6.Section 5 of the Principal Act is amended by— (a) the insertion of the following subsection: “(2A) A body corporate that directs the activities of a terrorist group (at any level of its organisational structure) shall be guilty of an offence and shall be liable on c…

I move amendment No. 16: In page 7, between lines 32 and 33, to insert the following: “Amendment of section 6 of Principal Act 7.Section 6 of the Principal Act is amended— (a) in subsection (1), by— (i) the substitution of the following subparagraphs for subparagraph (ii) of paragraph (a): “(ii) attempts to engage in a terrorist activity, other than a terrorist activity consisting of— (I) a…

I move amendment No. 17: In page 7, to delete lines 35 and 36, and in page 8, to delete lines 1 to 6 and substitute the following: “(a) in subsection (1), by— (i) the substitution of “Subject to subsections (2C), (2D), (2E), (2F) and (2G), a person guilty” for “A person guilty”, (ii) the substitution, in paragraph (d), of “subject to paragraph (f), to imprisonment” for “to imprisonment”, (iii…

I move amendment No. 18: In page 8, line 21, to delete “offence.”.” and substitute the following: “offence.”, (c) by the insertion of the following subsections: “(2C) A body corporate guilty of an offence under section 6 shall be liable on conviction on indictment to a fine of such amount as, having regard to the gravity of the offence, the court considers appropriate. (2D) A person guilty of…

I move amendment No. 19: In page 8, between lines 21 and 22, to insert the following: “Amendment of section 13 of Principal Act 7.Section 13 of the Principal Act is amended by— (a) the substitution of the following subsection for subsection (5): “(5) (a) In proceedings for an offence under subsection (1), it shall not be necessary to prove that— (i) the funds concerned were wholly or partly …