I thank the Deputy for his very important question but I think he will agree with me it fades into insignificance when we consider the terrible events of last weekend and how they affected An Garda Síochána. Like the Deputy no doubt, I want to start these questions by extending my condolences to the family, friends and colleagues of Garda Kevin Flatley who gave his life in the line of duty. On that point and in answer to the Deputy's question, it is fair to say that a Commissioner, no matter who he or she is, can only be as good as the rank and file gardaí who serve under them. Nonetheless the Deputy's question is a valid and an important one. Section 26 of the new Act, that sets out the procedure for the appointment of a Garda Commissioner. As the Deputy has indicated, the Commissioner, Mr. Harris, is retiring on 1 September. I have already started the process for the appointment of the new Garda Commissioner. I consulted with the relevant statutory bodies in advance of the post being advertised last Friday. As the Deputy will be aware, the closing date for applications is 29 May. After that, there will be interviews. I believe I will be in a position in mid-July to go to the Government with a proposal on the name of a person who will be appointed by the Government as Garda Commissioner. If that is achieved in July, as I expect it to be achieved, it will mean that the new Commissioner will commence his or her post from 1 September. To answer the Deputy's question directly, we will be in a position to have a new Commissioner starting as leader of the force on 1 September next. It is an extremely important position. I know we are going to have many excellent candidates from within and without the force putting forward their names for the competition.

Sentiment score: 0.11

No, a person with no policing experience will not be appointed, or recommended by me rather, for the position of Garda Commissioner. It is also important to emphasise that we have a lot of excellent candidates within An Garda Síochána who should be putting their names forward for the position of Garda Commissioner. As it such a prestigious job at such a well-resourced and high-reputation entity within the world, I have no doubt that people from outside this country will be putting their names forward. I want to see an active and strong competition. It is a really important role. We need an inspirational leader and somebody who recognises the important role that An Garda Síochána plays within our society. I know there were issues of some concern in respect of the standard fund threshold to persons who are within An Garda Síochána, but when you look at the package that is available, I am fairly satisfied and have a strong expectation that the full recommendations of Dr. Donal de Buitléir will be implemented by Government in due course.

Sentiment score: 0.33

I agree with the Deputy's position, and that of Sinn Féin, that the standard fund threshold part of the tax system needs to be changed. It is my strong expectation that that will happen. In respect of the numbers within An Garda Síochána, as the Deputy will know from the programme for Government, we have given a commitment that we will seek to get the numbers in An Garda Síochána up by 5,000 over the course of the Government term. I have said it before; it is a challenging issue to try to get Garda numbers up but all I can do - and I would ask the Deputy and other Members of the House to do it as well - is to emphasise that, notwithstanding the danger associated with being a member of An Garda Síochána, which we tragically saw last weekend, it is a job that is worth doing. There are very many fine members of An Garda Síochána who you speak to, and they will tell you they derive great satisfaction from their jobs. We need to get the numbers up. More importantly, we need to get the numbers we have out on the streets. We are beginning to see that. We are in a great position in Ireland where people want to see members of An Garda Síochána on the streets in their communities, and that is what I am committed to doing.

Sentiment score: 0.31

I thank Deputy Gannon for this important question. Due to the rise in our population, it is important that we increase the number of spaces within prison. The Deputy asked me about measures that would increase decarceration and I will come to that presently, but it is important to say that more prison spaces are available in light of the increasing population and the ability of the authorities to prosecute serious offences and fine people who are convicted of those offences. I am tabling proposals that will present further options to courts other than simply incarcerating a person who has been convicted of a criminal offence. As published in the general scheme of the miscellaneous provisions Bill last week, I identified that I wanted to, and am proposing to, change the terms of the Criminal Justice (Community Service) Act 1983. Currently, a judge is required to consider a community service order if a sentence of up to one year is being considered. I am going to extend that so that when a court is considering a sentence that carries a penalty of up to two years, the court must also consider a community service order. Similarly, I am going to extend the number of hours that can be imposed by way of a community service order from 240 to 480. These measures will be of assistance. We need to increase capacity, but these measures are not incompatible. It is not as though we can only have measures for increasing prison space without trying to consider measures that will result in decarceration. Since 2022, capacity across the prison estate has increased by more than 300 new spaces - 134 spaces were delivered in the past 12 months - and more than 100 additional spaces will be added this year. This is a priority for me.

Sentiment score: -0.12

Since I have been made Minister, I have been to Cork Prison, Cloverhill Prison and I am going to another prison on Monday. I intend to visit every prison, if I am lucky enough to survive in office for a sufficient period of time. It is important that the crisis be addressed. It is being addressed. I know that, to deal with the specific issue the Deputy mentioned about mattresses on the floor, bunk beds are now being purchased and implemented. That is important. To be frank, I am not going down the route taken in England and Wales in the past nine months where a decision was made by the UK Government in response to the overcrowding crisis that serious offenders would be released from prison at a very early stage. That is not something I am considering. It would be inappropriate to do so. Considering the efforts made by victims' groups and the money we have put into An Garda Síochána and resourcing the courts, a great deal has been invested in the administration of the criminal justice system, not just financially, but also the emotional effort put in by many complainants in cases. I am not going to undermine that system by making a decision that we should just halve the sentences of people incarcerated for serious offences.

Sentiment score: -0.21

I know the Deputy did not suggest the issue about releasing serious offenders. As part of my response, though, I have to be able to say that because it is an issue that people can legitimately put to me. Regarding people with addiction, the Deputy is correct. Many of the people who are given prison sentences have addiction issues and chaotic lives. However, part of the reason judges sometimes sentence individuals who have addiction issues and chaotic lives to short terms of imprisonment is because judges think individuals can get some mandatory services provided to them there. That is part of the reason judges do that. We can ask the Irish Prison Service about it. I agree with the Deputy that we need to try to provide better services out in the community to ensure we can treat addiction levels. Part of the problem is that there is no compulsion in respect of trying to get people to attend those courses and receive treatment for addiction services if they are out in the community. That is part of the reason decisions are made for those short-term sentences. I will also bring forward issues relating to electronic monitoring, particularly in respect of remand prisoners, that might reduce the numbers.

Sentiment score: -0.12

I thank the Deputy for her question. One of the most difficult things I have to do as Minister for Justice, and indeed, that the House has to do, is to resolve issues around balancing conflicting constitutional rights. This is an issue where there are conflicting constitutional rights that need to be balanced but, as the Deputy indicated, that balance needs to be shifted legislatively in the near future. The balance of rights is twofold. On one hand, there is the right to privacy that people have in counselling notes when they go to a counsellor or psychologist and provide private information about their lives to that counsellor or psychologist. At first principles, we all assume that information will be kept private. On the other hand, there is the right of individuals to a fair trial if they are being prosecuted for a serious criminal offence that could result in them losing their liberty. We tried to balance these two rights in respect of the disclosure of counselling notes in 2017 in the sexual offences Act enacted then. Unfortunately, that Act did not achieve what we had wished to achieve. I want to amend section 19A of the legislation, and obviously it is up to the House as to whether that should happen, through the removal of subsection 17, which gives an entitlement to a complainant to waive their entitlement to object to the disclosure of counselling notes. I also wish, subject to advice from the Attorney General, to amend subsection 11 of section 19A by removing paragraph (a). The effect of these changes would be very beneficial. It would mean that if a person accused on an offence wanted access to counselling notes there would have to be a hearing in advance of the trial to determine whether he or she was entitled to them. The judge would have to look at them. There would not be an opportunity for a complainant to say that he or she would waive their right to objection. A judge would also only say that the notes had to be disclosed to an accused in circumstances where the judge thought a fair trial would not be possible if they were not disclosed.

Sentiment score: 0.02

I read that Supreme Court decision. One of the points mentioned by the court through Mr. Justice Collins was it was surprising that since 2017, when section 19A was enacted, there has not been a reported judgement on the hearing that should take place in respect of the challenge to counselling notes. I agree with the Deputy that it is very traumatic for someone to know that confidential counselling notes could be made available for the purpose of the defence of a criminal trial. None of us would like to see our medical records, let alone counselling notes, disclosed in a public realm. That is why I intend to change the law. The changes that are being advocated will be of huge assistance to the individuals who say to the Deputy they are concerned about the trauma of being required to disclose counselling notes. At present, too many notes are being revealed unnecessarily. It has become a bit of a fishing expedition. That will stop. The only occasion upon which counselling notes will be disclosed, after the law is changed, will be if a court believes that if they are not disclosed, it would result in an unfair trial.

Sentiment score: -0.00

The Deputy is not being repetitive. On the intention of the proposed change, what will happen is a judge will look at a counselling note and make a decision on whether there is anything of relevance in it where, if it is not disclosed, it would result in an unfair trial. In most situations, it is highly unlikely that disclosure would then occur. However, what I cannot do, and I know some people want me to ask the Oireachtas to do this, is just have a blanket ban on disclosure of a certain category of documentation or certain type of evidence. If I did that, it would undermine the interests of victims of sexual violence more. It would mean there would be challenges to convictions. It would put a blanket ban on certain types of evidence. It has not been done previously and I have been advised by the Attorney General that it would be subject to, most likely, a successful challenge in the courts. That is something we have to be very hesitant about going down the avenue of, notwithstanding the requests of people to do so.

Sentiment score: -0.11