Dáil debates

Tuesday, 2 July 2024

Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024: Second Stage

 

5:30 pm

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

As in the case of most miscellaneous provisions Bills, nearly all human life is here, and while there are an awful lot of different topics and agendas, a great deal of them are very important. I will pick up where Deputy Daly left off. The issue of fines for carriers is important. We have been flagging it for some time and are glad the Minister has moved on it. It is not acceptable that these issues arise so often. We acknowledge there are occasions where there may be extenuating circumstances for why somebody may not have documentation but in the vast majority of cases, that is not the case. It is important the airlines carry out their responsibilities diligently and comprehensively in that regard, and for that reason, it is important the fines be increased. We have been advocating for that and are glad the Government has agreed to act on it.

The Minister recently made a statement about chartering flights. While that may have utility and we do not disagree with it, the primary issue here relates, as it does in the case of many issues in this area, to where the rules are applied and whether they are then enforced and followed up on. We believe in a system, as Deputy Daly outlined, that is fair, decent and efficient but also enforced. Too often, unfortunately, the Government seems to take the view it is not worth the trouble of following up and ensuring people have, in fact, complied with orders they have been given. In 2022, 5,711 applications for asylum were refused, withdrawn or deemed inadmissible, but only 10% of those applicants were issued with deportation orders, of which only 52% were enforced by the Garda National Immigration Bureau, GNIB. A total of 317 of those 948 were confirmed to have left but the figures for the others are uncertain. In 2024, of 586 deportation orders, there were 220 returns confirmed by the Department of Justice. It seems, therefore, that there continues to be an issue with the Government following up on applications, with whether it is aware where people are or whether they have left, and with whether there is enough oversight or verification. Obviously, if someone is willing to leave voluntarily, that is better for everyone, including the person who applied and the system, given it works better, but where that is not the case, and there will be instances where it is not the case, the rules need to be enforced. Most Irish people are decent and believe in a system that is decent and respects people’s human rights whereby, whether or not applicants are successful, they need to be treated with dignity, but they also believe that the rules need to be applied. It is often the case, insofar as it seems to me, that the rules are not followed up on.

On the same matter, will the Minister outline whether she proposes to address the issues that were raised in the Damache case and when those amendments will be published, if they have not already been? We will pay attention to her closing contribution in that regard.

The rest of the legislation, including the expansion of the criteria for members of the International Protection Appeals Tribunal, IPAT, is welcome and will allow the system to operate better. Moreover, as Deputy Daly outlined, it will ensure everyone has the opportunity to have their case heard and appealed, to ensure their rights and entitlements are safeguarded but also to allow the system to progress.

The incidence of knife crime is massively increasing in Irish society, not least in our urban centres, certainly in Dublin but also Cork and the other cities. It is a huge cause for concern to me. I find it very difficult to understand the mentality of people who carry knives, whether they intend to use them immediately or otherwise, and the introduction of knives to fights and disputes. whether they are premeditated or whatever. It causes so much harm and distress to families and, obviously, in many instances, it can be fatal. It is a very worrying trend in our cities and it needs to be tackled firmly. The legislation addresses the issue of sentencing, and while tougher sentencing can be part of the model of deterrence, Garda resources are crucial as well. That is a serious issue on which I have raised my concern many times in the context of Garda resources in Cork.

The Judicial Council is an area I worked on and discussed a great deal with the former Minister for Justice, Deputy Flanagan, with a view to securing amendments on sentencing guidelines, which was a priority for me in the previous Dáil. I would like it to progress more quickly. I welcome the fact the Judicial Council is now working on guidelines for the Circuit Court and the District Court relating to domestic violence, and I hope that can be completed as soon as possible because it is important that, right across the different areas of criminal law, there be adequate sentencing guidelines that provide transparency and consistency.

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