I thank Deputy Carthy for his question. It is probably motivated by the "First Conviction" documentary that was on RTÉ in November of last year. It highlighted a conviction that was overturned by the Court of Appeal back in November 2021 on the grounds that court thought the interpretation services that were provided to the accused were unsatisfactory. I think the Court of Appeal judgment referred to very serious inaccuracies in the translation. The Deputy will be aware we have legislation in place to govern the quality of translation in our courts. It is set out in SI 565 of 2013 on interpretation and translation in criminal proceedings. It transposes EU Directive No. 64 of 2010. It says that a person who appears in a criminal court "shall have the right to the assistance, at no cost, of an interpreter as set out in these Regulations". It also sets out provisions in respect of the quality of interpretation. If the quality is not sufficient, obviously the court can direct that the interpreter be replaced. That is given practical effect in our courts by the Courts Service entering into a contract with an entity or entities that provide those translation services. I am satisfied that in the vast majority of cases the quality of the translation services provided is sufficient and professional. What was surprising in the particular case that was overturned on appeal is the fact the language in the court was French, rather than something more exotic. When accused people are before the courts they will have their own legal representation and if there is any issue in respect of the quality of translation services then, as the regulation, provides, they can be set aside.
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Every day of the week there are a series of cases going on in the Central Criminal Court and in the circuit criminal court for which translation services are required. That is part of the consequence of having a multicultural society in which people from all backgrounds end up as witnesses or accused before the court. Any person who is accused of a criminal offence and who needs the services of a translator will have their own legal solicitor and counsel representing them. I suggest to the Deputy that it will become readily apparent if the translation services being provided are not adequate. What is surprising is that it took the Court of Appeal to intervene in this particular case. However, if there were further issues and ongoing issues with translation services I would expect to see a whole series of convictions being quashed or translators being set aside by the court, but that is not happening. This was a serious matter, but it was an isolated example and there are measures and protections in place to deal with poor quality in translation services.
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The public can have full confidence in this. What happens in practice is that the Courts Service enters a contract with translation providers, those being, companies that provide translation services. A fundamental requirement of that contract is that the contracted company must ensure interpreters possess the qualifications and competence appropriate to the tasks for which they are employed. The contract agreed under the central procurement framework sets the standards for interpreters supplied to the Courts Service. There are procedures in place to ensure the quality of the interpreters and translators being provided is adequate. In the unusual situation that does not happen, it can be, and generally is, readily apparent in a court room. If it happened in the Dáil and translation or interpretation services were being provided, the individual would be aware that the communication was not being provided adequately. There are mechanisms for checking this-----
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-----but this is not an issue in terms of undermining public confidence in the criminal justice system. It is a confident system.
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I have been there.
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I thank the Deputy for his question. Before I talk about legislation, I will repeat something he said there. Taking nitrous oxide is playing Russian roulette with your health. We know from what the HSE and the hospitals have said, there are many incidents of people suffering severe illnesses and damage to their health as a result of taking nitrous oxide. It can wreak severe neurological damage on an individual. It can damage your reproductive health and, really, you are playing Russian roulette if you take it. As regards legislation, as the Deputy will be aware, the Criminal Justice (Psychoactive Substances) Act 2010 criminalises the sale of nitrous oxide for human consumption. Nitrous oxide can also, however, be used for legitimate purposes. It is sometimes used by dentists and in the catering profession. The Deputy will also be aware that section 74 of the Child Care Act 1991 provides for the offence of sale of certain substances, which includes the sale of substance to a child such as the type of substance we are talking about here. The Deputy is right about the Private Members' Bill introduced by Deputy Mark Ward last week. I welcome the fact that there has been a lot of public discussion in the intervening time, which is beneficial. In considering legislation, I have to look at what impact any legislation proposed or introduced would have on the EU technical regulations information system, which requires that legislation or proposed legislative changes that can interfere with the sale of legitimate products and legitimate trade be notified to the EU in advance. That arises in the context of the prospective regulation about what is a lawful substance for certain purposes. I will certainly be keeping it under consideration. I am also aware that the Commission has published a draft amendment to the regulations in order to place restrictions on the marketing of dinitrogen oxide, which is the technical name for it. I am not closing my mind to legislation but I have to go down these avenues before I make a final decision.
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The Deputy can appreciate the difficulties that arise when we are dealing with something that is lawful, such as aerosol or spray deodorants. Obviously, we cannot ban them, but the Deputy is trying to put forward proposals that could facilitate their regulation. Even before we go down the avenue of starting to look at legislation, the most important thing we can do is to educate people and to warn young people about the dangers associated with nitrous oxide or the aerosol narrative that the Deputy just cited. It can have dire consequences on an individual's health. What nitrous oxide in fact does is cut off the oxygen supply to the brain. If people were aware of that and the neurological consequences of it, I do not think they would be engaging in the use of nitrous oxide to the extent they are now. I am also pleased to tell the Deputy that between 2020 and November 2025, the Revenue Commissioners seized approximately 250,000 kg of nitrous oxide canisters, so there is a recognition that this is being imported for purposes other than legitimate purposes.
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I agree with the Deputy that there certainly needs to be a two-pronged approach. We need to warn people. Sometimes we look at the drugs issue very much in terms of what legislation can be introduced. However, it is really about warning people of the dangers associated with taking drugs. Everyone in this House has seen terrible outcomes from people taking drugs. They are referred to as recreational drugs but there is no recreation associated with them. They ruin young people's lives and the people who are distributing and selling these drugs really need to be dealt with severely because they are abusing our younger population and need to be dealt with very seriously. I will keep an open mind in respect of it. I commended Deputy Mark Ward last week on bringing forward the Private Members' Bill. The reason I could not just let it go through is that I have to see what is happening in Europe on the matter. I also have to see whether this would infringe on trade in the area of legitimate purposes for nitrous oxide, whether that is in the catering area, dentistry or other legitimate purposes. If, having looked at what is happening in Europe, I think there is a necessity for regulation here, I will propose it.
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