Jim O'Callaghan

Overall sentiment: 0.03
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I thank Deputy Ó Cearúil for his question. I have also visited Teach Tearmainn. It is a wonderful refuge in County Kildare but, like very many of the refuges that have been established, it is obviously under pressure in terms of meeting the demand for its services, unfortunately. Cuan is instrumentally part of funding to ensure that we can provide refuges and safe homes for predominantly women who are fleeing domestic violence. We are now increasing funding for Cuan, which is within my Department, up to €80 million per year. It is a very important function that is carried out within my Department. Obviously, there is collaboration between Cuan and a series of stakeholders, whether local authorities, the Department of housing and housing agencies. Between them the objective is to try to identify and ensure there are refuges or, indeed, safe homes, which are of use also, around the country to ensure there is sufficient refuge space and safe home space for people fleeing domestic violence. The Deputy’s specific question was around whether another location in Kildare could be identified. While Kildare has not been identified as a priority location for new refuge construction in the current phase, Cuan is considering it as a location for consideration in future refuge development programmes and is supportive of ensuring Kildare is on the priority list for phase 2 development. A lot of work is being done around ensuring new refuge spaces are established. A lot were established last year. The number increased by 13, with four in Louth and nine in Dublin, bringing the total number to 172 refuges. Additionally, another nine units have been developed in Dublin 22 and further units are being developed. I will liaise with Cuan in respect of ensuring Kildare is adequately serviced.

Sentiment score: 0.20

We need to take a broad look at the work Cuan is doing. It is working towards having a minimum of 50 new refuge units under construction across multiple sites this year. Last year the number of safe homes increased by eight which increased the total safe-home capacity to 60. It is working to increase that capacity to 94. That means that by the end of 2026, we aim to increase the number of safe accommodation spaces, refuges and safe homes to 287. I will come back to the Deputy on the priority phase 2 development issue he raised in terms of timelines. The priority list for phase 2 development has a timeline but a lot of it is about identifying a suitable location. Sometimes that can be difficult to identify. I hear what the Deputy says about Naas. I am happy to engage with him on any proposals he thinks would be suitable for provision of a refuge.

Sentiment score: 0.22

I agree on Teach Tearmainn. It is in a very peaceful location at the end of a quiet road. It is something I am very pleased my Department has been funding. Last year my Department provided funding to Teach Tearmainn of €930,000. It will be funded again this year with probably an increase on that. While Kildare has not been identified as a priority for new refuge construction in this current phase, Cuan is aware of this as a location for consideration in future. I will engage with the Deputy on this. The demand for these services is very significant, regrettably, but they are needed for short-term refuge spaces for women fleeing domestic abuse. As I will say in my response to the next question, we cannot develop a situation where the default position is that women who are the victims of abuse leave the house while the abuser remains there. We need to move on from that.

Sentiment score: 0.03

As I indicated in my response to Deputy Ó Cearúil earlier, we have to be very careful when discussing the issue of women fleeing domestic violence that we do not present the solution as being removing the woman from the house and putting her, long term, into emergency accommodation in a refuge or a safe home. That cannot be the long-term solution. Refuges or safe homes are needed because sometimes there is an emergency requirement, on a short-term basis, for a woman and her children to leave the home where the abuser is. Ultimately, however, what should be happening if a woman is being abused within a domestic relationship in a home that both partners own or are in a joint tenancy is not that the woman is forced to leave, but the man, the abuser. My Department is working to develop a new policy on removal orders to take offenders out of the home in high-risk cases. In particular, new powers are under active consideration that would allow gardaí to intervene in cases where they believe there is a high risk of domestic violence offences being committed. Deputy Boland will be aware that emergency barring orders can be sought under section 9 of the 2018 legislation on domestic violence and that is something that needs to be invoked more. An order under section 9 may not exceed eight working days and further emergency barring orders may be made against a respondent within a month of the expiry of a previous barring order where exceptional circumstances justify this. I am aware that those statutory provisions are available and I would like to see more women using them. I will be discussing this with Cuan but, ultimately, it is a matter for this House and the Seanad to determine whether new legislation is required. My own view is that it is not required. What is there in terms of the use of barring orders should be used more, availed of more and provided for more by the courts.

Sentiment score: -0.27

Cuan is actively collaborating with statutory agencies and organisations to ensure effective responses to reduce the incidence and duration of homelessness arising from domestic violence and to support pathways for long-term accommodation for victims. The demand for safe accommodation remains high and Cuan continues to work with services and agencies to support victim survivor progression and, where appropriate, safe return. Individuals who are victims of domestic abuse need to be aware of the statutory powers that are in place to enable them to get barring orders against an abusing partner. That is something that is not being used as much as I would like. However, I am conscious that it takes time when an application is made. There is a period before the order can be made by the court to remove the abuser from the home. The legislation is strong but we need to spread the message more that the remedy is available.

Sentiment score: 0.08

I agree that data in this area is extremely important. If I have data on outcomes in domestic abuse hearings, I will certainly put it into the public domain, if possible, because it would be important to do so. There have been very significant improvements on the part of An Garda Síochána in recent years in dealing with domestic abuse. I have engaged with protective units within An Garda Síochána that deal specifically with domestic abuse. I will not identify the areas where I have engaged with them but, regrettably, they are very busy. There is a high level of professionalism and knowledge on the part of gardaí who are dealing with what is a really difficult type of policing requirement. In many instances, they are called late in the evening, alcohol may have been consumed and there is a domestic row. It is a difficult scenario for An Garda Síochána but its members are really advancing the interests of victims now and we are beginning to see that. Many people who come out of court as a result of domestic cases praise An Garda Síochána for the support they got.

Sentiment score: -0.06

I thank Deputy Gannon for this interesting question. I announced recently that the Government had approved my proposal to start the process of drafting a new communications interception and lawful access Bill that will update the legislation that is there at present. We can all appreciate that there are circumstances when it is necessary and appropriate for An Garda Síochána to be able to access messages or communications between individuals when gardaí are investigating serious criminal offences. We have seen cases in our courts previously where the communication of messages between individuals has been centrally important in securing convictions for murder, serious child sexual abuse, serious armed robbery or violence. The legislation that I operate under at present was developed and enacted in 1993. It is completely outdated, and it is not just me who is saying that. The judges who conduct the reviews of the work that I conduct under that 1993 legislation have repeatedly stated that the legislation is outdated. What I am proposing to do is to bring forward legislation that will have very significant safeguards in place. That is a legitimate concern of Deputy Gannon and many others. The safeguards that I am going to ensure will be in place will be such that there will be some form of judicial authorisation of interception requests. There will also be a requirement that agencies requesting an interception will have to outline any issues regarding privileged material, should that arise in any unusual circumstances. Obviously, it is also important to be able to access encrypted messages. A lot of serious criminal activity is being communicated at present with the benefit of encryption. I need to ensure that gardaí can gain access to such encrypted messages because they contain a lot of detailed information that will be of use in the investigation of serious offences.

Sentiment score: 0.13

I agree with the Deputy that any proposal like this should be considered and progressed carefully and cautiously. What we are trying to do is balance rights. The rights about which the Deputy is particularly concerned are obviously the rights of privacy, which have to be protected. We do not want to see a situation where the State is able to stick its nose into legitimate communications that do not involve criminal activity by individuals. On the other side of the scale is the fact we need to be able to investigate serious criminal behaviour but at present we do not have access to a lot of information that would be of use in investigating serious criminal behaviour. The Deputy mentioned a number of issues in terms of type of software that can be used. That is not an issue of concern at present. I know it is an issue of concern to the Deputy and it may arise in the future but the important thing is to put in place a statutory regime that enables access in certain limited circumstances and that very strong safeguards are put in place. If strong safeguards are in place, the Deputy will not have too much to be worried about.

Sentiment score: 0.24

I thank Deputy O'Flynn for this question and the related Questions Nos. 20 and 22. I recognise the profound and lasting harm caused by offences involving child sexual abuse material, CSAM. What makes this offence particularly pernicious is the fact that when it is done online, there is a continuation of that abuse and damage to the child as a result of the repeated distribution of it online. That is an approach that has to be taken into account when looking at the uniqueness of this offence. As Deputy O'Flynn will be aware, there is a range of offences under the Child Trafficking and Pornography Act 1998 to address all forms of such abuse. The Act provides for very severe penalties, including for the most serious offences, with a maximum penalty of up to life imprisonment. Among EU member states, England and Wales, Ireland’s penalties across the 20 offences are on average higher than the vast majority of other countries. A review conducted by my Department indicates that Ireland's penalties to address child sexual abuse offences are among the most punitive in Europe and far exceed the maximum sentence requirements set out in the 2011 child sexual abuse directive. The Deputy may be aware that directive is being renegotiated at present. There needs to be a new child sexual abuse directive within the EU considering developments that have arisen. If we look at the penalties under some of the legislation, whether the 1998 Act or the 2017 sexual offences Act, we can see that the penalties range up to ten to 14 years. Under the 1998 Act, there are penalties up to life imprisonment for child trafficking and taking a child for sexual exploitation or up to 14 years for the participation of a child in pornographic performances.

Sentiment score: -0.43

Sentencing is a very complex area of a judge's function. Generally, what we do in this House is set out what the maximum sentence can be. Sometimes we put in a mandatory sentence - such as in the case for murder where there is the common law mandatory sentence of life in prison - but, in general, we set maximum sentences and give leeway to the Judiciary to decide where to go. Obviously, no offence is going to be similar. No offender is going to be similar, as Deputy O'Flynn will be aware, even in the area of child sexual abuse. Obviously, somebody who is a repeat offender would merit a much stronger custodial sentence than a person who was convicted for the first time. I am not proposing to bring forward legislation at this stage to amend the provisions in respect of sentencings that are contained within the 1998 and 2017 legislation but it is important to be aware that under the sentencing guidelines, we can and hope to see the Judiciary set out guidelines for certain types of criminal offences.

Sentiment score: -0.20

The Deputy raises an interesting point about the use of mandatory minimum sentences. We did that previously in this House in respect of firearms offences where we said there was to be a mandatory sentence of, I think, five years and the Supreme Court looked at that and said it was unconstitutional because it did not give any exceptionality or discretion to a court. Introducing minimum mandatory sentences could get us into significant difficulties because we have to allow some discretion to a court. As the Deputy indicated, if it was the case - and I know these are horrific offences - that it was a very naive 18-year-old who foolishly looked at something online and saved it as compared to somebody who, for profit, was generating images of children for sexual abuse and for the purpose of generating income and who had a series of offences, those two offenders would have to be treated differently. I am concerned that if we had a minimum mandatory sentence, it could require no discretion on the part of the court.

Sentiment score: 0.07

I thank Deputy Gannon for his question. I alluded to this in my response to Deputy Carthy earlier. In terms of resignations, 141 gardaí resigned from An Garda Síochána in 2025. That is a very low number. The number of gardaí is over 14,300 and, therefore, it is less than 1%. In terms of the number of retirements and resignations together over the past five years, 382 gardaí resigned or retired in 2021, 446 in 2022, 486 in 2023, 377 in 2024 and 359 in 2025. As I said, those figures include resignations and retirements. There is nothing we can do about gardaí who get to the retirement age and who want to retire but I suppose the figure that is of concern to me - I do not know if it is a concern to the Deputy - and that I would be interested in is that for resignations. The number of resignations has been low for the years to which I referred. In 2021, there were 89 resignations; in 2022, there were 106; in 2023, there were 167; in 2024, there were 137; and, as I said, last year, there were 141. That is indicative of low levels of resignation from the force, which is good. It is not something I am complacent about. I want to ensure that people who join up to An Garda Síochána find it a fulfilling career and that their terms and conditions are good. It is part of my function to ensure that resignations are kept as low as they are. It is a good sign because when you look at the Met, the PSNI or police forces in other places, you will see resignations are much higher than that.

Sentiment score: -0.05

I should have answered that question because the Deputy did ask it. There is a cumulative figure of 1,792 gardaí that will become eligible to retire by 2028. That, of course, does not mean that this number will retire over this period, only that they will be eligible to do so. For example, a Garda member may have 30 years of service or more at age 55 but may opt not to retire for the next seven years until they reach the mandatory retirement age of 62. The Commissioner can, with my consent, extend the age of retirement of a Garda member beyond 62, where this is in the interests of the efficiency of the force. I am always pleased to see applications coming before me from the Commissioner for the extension of a retirement age beyond 62. A lot of people do not want to retire at 55. It is far too young. The figure, as I said, is 1,792. I do not think we will see that number taking up retirement. However, it is an issue we need to be aware of. It also emphasises the need to ensure that recruitment is ongoing.

Sentiment score: 0.15

The important thing is that we get Garda numbers continuously going up, which is happening. There are always going to be retirements and some small level of resignations but, cumulatively, we want to see the figures of attested gardaí rising, and we are seeing that. The Deputy asked about exit interviews. The Garda offers exit interviews to all individuals who leave the organisation, with the exception of those who are dismissed. They were established to determine longitudinal teams in relation to organisational attrition, but they highlighted some useful issues. In 2024, 39 exit interviews were completed. The majority, or 60%, stated they found it difficult to maintain their career as a Garda member while also managing their family life, 40% stated that the commuting and working distance from their homes was a significant deciding factor and another cohort expressed a view that poor management was a factor for their decision to leave. The numbers are low but many of the people who are leaving and doing these exit interviews, those who have resigned, are doing so because of a work-life balance, which happens in every walk of life. People decide the work just does not suit their lifestyle. However, I am pleased to say the number of resignations is very low.

Sentiment score: -0.05

I met with the Garda National Vetting Bureau in Tipperary town about two months ago. I went down there to get an update from the bureau, but also to communicate some of the concerns Deputy Ward and other Deputies have expressed to me. It is important to point out that the vetting bureau of An Garda Síochána received over 6,330 vetting applications in 2025. The current processing time for 85% of those is eight to nine working days. For the majority of applications, it manages to produce an outcome in very short order. There are obviously some improvements that could be made. One thing I mentioned at my meeting with the gardaí in the vetting bureau is that we should allow for transferability of vetting. A person who has been vetted to coach a GAA team should be able to then move over and coach a soccer team without having to get vetting done again. Much of that can be done by the organisations themselves, such as the sporting organisations. The Teaching Council has a very good mechanism whereby it permits transferability of vetting from one school to another and the vetting moves with the teacher when they move across the school. There is also an issue in respect of wet signatures and whether online signatures would be permissible. There was concern expressed to me by An Garda Síochána in respect of that. From its perspective, one reason for delays is that sometimes individuals have been abroad for several years. That can give rise to significant delay because the bureau is dependent on getting information from abroad. That is an understandable reason for there being a delay, but it is important to point out that, as I said, over 630,000 applications came in last year, and the bureau processed the vast majority of them very promptly.

Sentiment score: 0.15

One of the consequences of being a public representative is that people only ever come to us when they have issues of concern. They are never going to come to us and say, "Deputy, that is a fantastic vetting process. I managed to get a response within eight days." I am conscious that aspects of the current vetting system result in a highly segmented process. It should be updated to ensure the burden of seeking vetting disclosures, particularly on volunteers and organisations working in their communities, is minimised to the greatest extent possible while maintaining the necessary high standards. Further to the work carried out by the Garda vetting review group, steps are now being taken to implement key changes to the process that will ensure it remains robust and effective, while improving the service to customers. In practice and subject to a general requirement that vetting be renewed every three years, it is envisaged that this will mean that when a person is vetted for the work they will be, or are likely to be, involved in as part of their employment or volunteering within identified risk categories, the person will not be required to repeat the process if they were to move to another role within the same risk category.

Sentiment score: 0.22

It would be primary legislation. I will come back to the Deputy on that. It will not be coming in the very near future but it is something I am committed to doing. It will also require updated technical systems to support the revised approach. When I was down in Tipperary with the vetting bureau, I raised the issue of the wet signature for vetting. Currently, the bureau does not accept digital signatures as their use presents security and integrity risks within the vetting process. I was told these include potential disputes over identity, intent and the possibility of document tampering. Garda authorities have also highlighted vulnerabilities associated with digital signatures, including identity theft and social engineering attacks, which could significantly increase the risk of impersonation. For these reasons, a wet signature is currently required to provide valid consent to the vetting process. While initial engagement can take place online, a face-to-face element remains necessary to verify identity and obtain handwritten consent.

Sentiment score: 0.10