Before we start, a number of typographical errors that have been identified in the Bill, as amended by the Seanad. Pursuant to Standing Order 203, I request the Ceann Comhairle to direct the Clerk to make the following corrections of a typographical nature to the Bill. In Seanad amendments Nos. 46, 57, 68, 84 and 85, in respect of the inserted subsection (6)(b) of section 68, subsection (1) of section 79, subsection (2) of section 90, item 19 of Schedule 2 and item 1 of Schedule 3, respectively, I ask that the Clerk be directed to change the word "listed" to "specified" wherever it occurs. In Seanad amendment No. 46, in respect of the inserted subsection (6) of section 68, I ask that the Clerk be directed to insert a closing bracket after the term "arrival time". In Seanad amendment No. 52, in respect of the inserted subsection (5) of section 74, I ask that the Clerk be directed to insert the word "shall" in between the word "staff" and the term "be accountable". It will now read "the member of staff shall be accountable". In Seanad amendment No. 57, in respect of the inserted subsection (1) of section 79, I ask that the Clerk be directed to remove the comma after the term "Schedule 4". In Seanad amendment No. 68, in respect of the inserted subsection (3)(a)(1) of section 90, I ask that the Clerk be directed to insert the term "purpose of" after the term "necessary for the". It will now read, "the transfer of the data to the competent authority is necessary for the purpose of preventing, detecting, investigating". In Seanad amendment No. 71, in respect of the inserted subsection (8) of section 93, I ask that the Clerk be directed to change the cross-referenced subsection from "subsection (4)" to "subsection (5)". It will now read "where the Independent Authority revokes an authorisation under subsection (5)".

Sentiment score: 0.10

I thank the Ceann Comhairle.

Sentiment score: 0.36

Amendments Nos. 1, 2 and 81 have been grouped and I will speak to them together. Amendments Nos. 1 and 2 relate to the commencement of the Bill and amend section 1(4), which provides for said commencement. Currently, provision is made for all provisions to be commenced by ministerial order, with certain listed exceptions which are to come into effect on enactment. Amendments Nos. 1 and 2 amend section 1(4) to provide for the following provisions of the Bill as passed by Dáil Éireann, to come into effect on enactment: subsections (1) and (4) of section 1, section 4(b)(i), section 43, section 69, insofar as it relates to the Courts Service, section 70, section 74 and Parts 3 and 4, along with the Part to be inserted that amends the Wireless Telegraphy Act 1926. I will now turn to amendment No. 81. This relates to section 69 of the Bill as passed by Dáil Éireann, which amends Schedule 5 to the Social Welfare Consolidation Act 2005 to add the Courts Service to the Schedule. Other operational criminal justice agencies such as the Irish Prison Service, the Probation Service and Forensic Science Ireland, being under the direct aegis of my Department, are already specified bodies under the Schedule. The Legal Aid Board is also a specified body. Amendment No. 81 proposes to further amend Schedule 5 to the 2005 Act in order to add the Director of Public Prosecutions, DPP, as a specified body and to remove the current restriction on An Garda Síochána, whereby it is a specified body only in relation to its own members. Critically, this amendment will also facilitate the development of a unique identifier across the criminal justice system. I think this is something that is going to be very beneficial.

Sentiment score: -0.03

These amendments relate to the authority of An Garda Síochána to deploy radio frequency jammers to counteract drones. I am advised that these legislative amendments are necessary to confirm that An Garda Síochána has the legal powers where necessary and proportionate to deal with dangerous or hostile drone activity through the use of what are called “radio frequency jammers”. Amendments Nos. 3 and 4 are technical in nature and simply deal with references to the Wireless Telegraphy Act 1926 and the Policing, Security and Community Safety Act 2024. Amendment No. 5 amends section 3(6) of the 1926 Act to ensure that the general prohibition on the possession of wireless telegraphy apparatus without a licence from ComReg does not apply to a radio frequency jammer kept by An Garda Síochána for the purpose of working or using it in accordance with the proposed new sections 12(1B) and 12B(1B) of the 1926 Act. Amendments No. 7 and 8 are consequential in nature. At present, sections 12 and 12B of the 1926 Act provide for offences and monetary penalties for the use of wireless telegraphy apparatus to interfere with other such apparatus which would at present apply to An Garda Síochána if it used this equipment. Amendment No. 87 amends the Long Title of the Bill to reference the amendments to the Wireless Telegraphy Act 1926.

Sentiment score: -0.07

These amendments relate to the non-judicial role of the Chief Justice. Amendment No. 9 deals with section 6 of the Bill as passed by the Dáil. It amends section 67 of the Courts of Justice Act 1936, which provides for the superior courts rules committee to allow the Chief Justice to nominate an ordinary judge of the Supreme Court. These changes are being introduced to reduce the non-judicial workload of the Chief Justice and the respective courts. Amendments Nos. 10 to 18, inclusive, amend section 8 of the Bill as passed by the Dáil which amends sections 12 and 44 of the Judicial Council Act 2019 in relation to the membership of the board of the Judicial Council and the judicial conduct committee. The proposed further amendments provide for the revocation at any time of a nomination to act as chair of the board or the judicial conduct committee and for a cessation of effect of nominations for a judge performing the functions of the Chief Justice.

Sentiment score: 0.30

Amendment No. 19 inserts a new section into the Bill to amend section 10 of the Misuse of Drugs Act 1984. It inserts new subsections (2) to (6) into section 10 to provide a statutory basis for the admissibility of certificates of results of Garda-administered presumptive drug testing, PDT. It introduces a legal presumption in favour of the evidential value of such certificates subject to rebuttal evidence. Amendment No. 29 inserts a new section into the Bill to amend section 154 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 to allow the director of Forensic Science Ireland to delegate his or her functions under the amended section 10 of the 1984 Act to appropriate officers of FSI. Amendments Nos. 88 and 90 amend the Long Title consequential on the addition of these amendments.

Sentiment score: 0.04

These amendments, in fairness to Deputy Carthy, arise as a result of an amendment he tabled on Committee Stage and Report Stage in the Dáil. I accepted his amendment, which inserts a new section into the Criminal Justice Act 1993 to provide that where a person is convicted of any indictable offence, character evidence for sentencing purposes must be given on oath or by affidavit. That amendment was included as section 17 of the Bill as passed by the Dáil. The purpose of amendments Nos. 20, 21 and 22 is to tighten up the drafting and address a number of drafting and consequential matters arising. Amendment No. 20 deletes the existing section 23 of the Bill as passed by the Dáil and amendment No. 22 inserts in its place a new stand-alone provision, which is substantively the same, but is more precisely drafted and contains a transitional provision. Amendment No. 21, therefore, repeals that provision to prevent duplication on the Statute Book. Amendment No. 23 inserts a new Part into the Bill to amend the Criminal Justice (Public Order) Act 1994 to address a specific public order issue, which is the deliberate use of face coverings for intimidatory purposes in public places, and particularly at protests. I stress that this is not a ban on face coverings, nor a ban on wearing face coverings at protests, nor does it create a general power for An Garda Síochána to require a person wearing a face covering in public to remove it. It is a limited addition to the public order framework, which may be exercised only in specific circumstances. The amendment provides that, where a member of An Garda Síochána suspects with reasonable cause that a person is acting in circumstances that give rise to a reasonable apprehension about public safety or for the maintenance of public peace and that the person is wearing the face covering with intent to intimidate another person or in a manner likely to intimidate another person, the garda may direct that person to desist from the conduct, remove the face covering and leave the vicinity. An offence only arises where a person "without lawful authority or reasonable excuse" fails to comply with that Garda direction. It will still be the case that people will be able to wear face masks for religious and cultural reasons and, even at a protest, people will still be able to wear a face mask. They may not want people to know they are there. The only time this public order offence would be triggered is in circumstances where a person is seeking to intimidate other people or it is likely a person's behaviour will intimidate them. Amendment No. 89 amends the Long Title.

Sentiment score: -0.19

That is for sexual offences.

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It predated the legislation.

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I presume that was because the offence in that case predated the new legislation brought in requiring oral evidence in respect of references in cases of sexual offences. As a result of the amendment, this provision will now cover all indictable offences.

Sentiment score: -0.23

Amendments Nos. 24 to 27, inclusive, have been grouped. They relate to Part 11 of the Bill, which concerns the International Criminal Court. They are of a minor and very technical nature.

Sentiment score: -0.13

These are the amendments in respect of the disregard section of the Bill, which is Part 15. Amendments Nos. 30 to 36, inclusive, and 39 to 41, inclusive, are minor textual amendments to make certain terms and references clearer and more precise. The purpose of the remaining amendments is to make the provisions relating to the revocation of a disregard clearer and more robust, including certain procedural steps that could otherwise be regarded as implicit. Amendment No. 37 inserts a new section obliging a relevant public body to make the Minister aware if it becomes aware of information indicating that a disregard may have been granted on foot of false or misleading information. Amendment No. 38 amends section 60 of the Bill as passed by the Dáil to broaden the matters to which the Minister must have regard before forming an initial view that a disregard should be revoked. Amendment No. 42 inserts a new subsection into section 61 in order to make express provision for the Minister to proceed with revoking a disregard where the applicant has not requested a review of the proposed revocation within the allotted timeframe or the Minister reasonably considers such a request to be frivolous, vexatious or otherwise unfounded.

Sentiment score: -0.09

These amendments concern the use of electronic means. The main body of the amendments relate to passenger name records. I will briefly deal with amendments Nos. 43 to 45. These put in a new Part 17 relating to electronic technology in certain proceedings. Amendment No. 43 inserts a new section defining the types of proceedings in question. Amendments 44 and 45 insert two new sections to provide respectively that court rules may, in relation to such proceedings, make provision for the electronic transmission of documents. These amendments are modelled on equivalent legislation that is already in place in respect of civil proceedings. I will now turn to amendments Nos. 46 to 80, inclusive, 84 to 86, inclusive, and 91. These relate to passenger name record data. They propose the insertion of a new Part 17. Passenger name record data, PNR data, consists of booking information provided by passengers, which is collected by and held in the airlines’ reservation and departure control systems. This provision is already in place a result of Ireland's transposition of the PNR directive by way of the 2018 EU PNR data regulations, which established a unit within the Department of justice. The regulations apply the regime only to what are referred to as extra-EU flights, which is required by the directive. The purpose here is to apply them to internal EU flights as well. Amendments Nos. 46 to 50, inclusive, insert Chapter 1 of Part 17. They are standard legislative provisions that refer to a definition sections and such other matters. Amendment Nos. 51 to 56, inclusive, insert Chapter 2. This chapter relates to the Irish passenger information unit, its director, its data protection officer, other staff and its obligations as regards processing and reporting activities. Amendments Nos. 57 to 59, inclusive, insert Chapter 3. Amendment No. 57 provides for the competent authorities designated under the 2018 regulations to remain so designated. Amendment No. 58 provides that the Minister may designate a person as the “Independent Authority” for the purposes of the State’s PNR regime. Amendment No. 59 sets out the Data Protection Commission’s oversight function as regards this legislation. Amendments 60 to 62, inclusive, inserts new Chapter 4 of Part 17. The chapter provides for the designation by the PIU of individual intra-EU flights that will be encompassed by the State’s PNR regime. Amendment No. 62 provides for designation of all-intra EU flights unilaterally when the State is faced with a genuine and present or foreseeable terrorist threat, but only on approval by the High Court. Amendments Nos. 63 to 71, inclusive, deal with the transfer and exchange of PNR data. Amendment No. 63 refers to airlines’ obligations to transfer PNR data to the PIU a day before take-off. Amendments Nos. 64 and 65 refer to the process undertaken by the PIU of assessing the transferred PNR data against serious crime or terrorism watchlists and pre-determined criteria to identify persons of interest due to take the flight or on-board. Amendments Nos. 66 to 71, inclusive, deal with requests for PNR data held by the PIU from competent authorities in the State, PIUs in other EU countries, Europol and third countries, as well requests by the Irish PIU and other authorities. Amendments Nos. 72 and 73 deal with the retention periods for PNR data and maintenance of documentation by the PIU. Amendments Nos. 74 to 80, inclusive, insert chapter 7 of Part 17. It deals with transitional provisions. Amendments Nos. 84, 85 and 86 insert Schedules 2, 3 and 4 into the Bill. Schedule 2 defines the data categories that make up the PNR data. Schedule 3 lists the competent authorities in the State that can request PNR data. Amendment No. 91 amends the Long Title consequential on these amendments.

Sentiment score: -0.01

Amendment No. 82 makes a number of technical amendments to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020. It also repeals two redundant provisions of the 2020 Act. Amendment No. 83 amends the Criminal Justice (Perjury and Related Offences) Act 2021. It is a purely consequential amendment to take account of the proposed insertion in this Bill of a provision for statements of truth in criminal and international co-operation proceedings. Amendment No. 92 amends the long title consequential on amendments Nos. 82 and 83.

Sentiment score: -0.18