Gerry Adams (Louth, Sinn Fein)
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1. To ask the Taoiseach if a meeting of the Cabinet Committee on Justice Reform took place on 12 December 2016. [40127/16]

Enda Kenny (Mayo, Fine Gael)
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The Cabinet committee on justice reform did not meet on 12 December 2016. Its last meeting took place on 21 December 2016 and the date for its next meeting will be scheduled shortly.

Gerry Adams (Louth, Sinn Fein)
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I asked that question because the State signed the Istanbul Convention to tackle domestic violence on 5 November 2016 and there are several outstanding Bills, the new domestic violence Bill, the Criminal Justice (Victims of Crime) Bill and the Criminal Justice (Sexual Offences) Bill 2015, which are all legislative actions required to facilitate the State's ratifying the convention. I understand that the domestic violence Bill will be published this week. Will the Taoiseach confirm this? Members are told the drafting of the Criminal Justice (Victims of Crime) Bill is a priority. What precisely does that mean in terms of publication?

I welcome media reports that the Tánaiste and Minister for Justice and Equality brought a memorandum to Cabinet this morning to include within the Criminal Law (Sexual Offences) Bill a definition in law of sexual consent and, subject to seeing the detail, I hope it will fill a serious gap in the law because it is almost 30 years since the Law Reform Commission recommended changes in this regard. Can the Taoiseach tell Members when the amendments will be published and perhaps tell them whether it includes creating new criminal offences targeting online sexual predators? In light of all this, can he indicate when he expects the Istanbul Convention to be finally ratified?

I am advised, from the Garda Inspectorate report of 2014, that there is a deficit in the recording of incidences of domestic violence. The Central Statistics Office has said no specific assessment of the quality of domestic violence incident reporting has been conducted. Does the Government intend to ensure a proper record is kept of domestic or reported domestic violence incidents?

Brendan Howlin (Wexford, Labour)
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Does the justice reform committee include in its purview the issue of security at airports? Is that part of the justice brief or is that left to the Cabinet sub-committee on transport? In respect of the deeply worrying events that have come to light in the past couple of days, which obviously will raise very serious concerns for most people interested not only in people trafficking but in ensuring that we have robust security, if it is not part of the Cabinet agenda or the agenda of the Cabinet committee on justice reform, would the Taoiseach agree that it should be? Would he agree further to report back to this House on the issue of taking clear control of security at Dublin Airport away from the Dublin Airport Authority and having a bespoke division within An Garda Síochána to ensure we have robust mechanisms to ensure the security of our seaports and airports?

I am not sure, from recollection, whether activities such as the operation of the Garda Síochána College fall within the purview of the justice reform committee. The Taoiseach might indicate whether it does and if the auditing of the accounts of the college, for example, would be properly a matter for the justice review committee.

Enda Kenny (Mayo, Fine Gael)
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The Garda Síochána College would come within the remit of the justice committee. We have referred to that before in terms of the reopening of the college during the Deputy's time in government. I will follow through on any issue for him.

The Minister for Transport, Tourism and Sport, Deputy Ross, and the Tánaiste and Minister for Justice and Equality, Deputy Fitzgerald, spoke today about the issues we know about in Dublin Airport, the arrest of people and people smuggling. I expect to have a report on this tomorrow. As I understand it, the security of the airport premises is a matter for the Dublin Airport Authority. Deputy Howlin is well aware that gardaí are always in attendance in the airport area because of their connection with Interpol and Europol and so on. I take his point about having clarity about where and in what circumstances oversight and responsibility kick in for whichever of the agencies are involved. We will bring that before the House so that everybody understands it.

The domestic violence Bill will be published this week. This morning the Cabinet approved the recommendation from the Tánaiste and Minister for Justice and Equality in respect of the statutory definition of consent to a sexual act. The draft heads of that will mean that a person consents to a sexual act if he or she freely and voluntarily agrees to engage in that act. The person does not consent to such an act if he or she allows the act to take place or submits to it because of the application of force to him or her or some other person or because of the threat of the application of force to him or her or to some other person or because of a well-founded fear that force may be applied to him or her or to some other person; if he or she is asleep or unconscious; if he or she is incapable of consenting because of the effect of intoxication or of having consumed some other substance; if he or she is suffering from a physical disability which prevents him or her from communicating whether he or she agrees to the act; if he or she is mistaken as to the nature and purpose of the act in question; if he or she is mistaken as to the identity of any other person involved in the act; and if he or she is unlawfully detained at the time at which the act takes place and if the only expression or indication of consent or agreement to the act comes from somebody other than the person him or herself. That section does not limit the circumstances in which it may be established that a person did not consent to a sexual act. These and other matters were approved by Cabinet this morning. I expect the Tánaiste will bring the amendment forward as soon as possible. This should have been done many years as the Deputy is aware.

Michael Moynihan (Cork North West, Fianna Fail)
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When will the report by the retired judge Mr. Justice O'Neill be published and available to the Dáil?

From reports that are circulating, I understand that an inquiry will be announced. Perhaps the Taoiseach will confirm that. He might tell the Dáil when the inquiry will be set up and what will be its terms.

Enda Kenny (Mayo, Fine Gael)
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To be honest, I do not know what is in the O'Neill report. It was received by the Tánaiste before Christmas. As third parties are specifically mentioned in it, the Tánaiste quite rightly referred the report to the Attorney General for analysis and assessment of the form in which and the extent to which it might be published. I think the Attorney General has responded to the Tánaiste. There are some other matters to be finalised. I understand the Tánaiste will bring it to the Cabinet pretty soon. My understanding is that she will also make proposals for the implementation of any recommendations made by Mr. Justice O'Neill arising from the report. We will wait until it comes back to the Cabinet.

Bernard Durkan (Kildare North, Fine Gael)
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I would like to return to the events at Dublin Airport at the weekend. I congratulate the Garda on its success in identifying the issue. Does the Taoiseach feel it is necessary to ensure that all airports and seaports throughout the country are similarly alerted with a view to protecting the immigration checking that has to take place in the normal course of events?

Enda Kenny (Mayo, Fine Gael)
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I agree with that. Dublin Airport has some of the most sophisticated equipment of any airport. We have other airports, such as Cork Airport, Shannon Airport, Ireland West Airport Knock and the smaller regional facilities, and we also have ports. Millions of people come into this country through Dublin Airport every year. We do not yet know for how long this was going on. It appears to have been quite sophisticated. It seems that these diversions enabled people who had disembarked from aircraft to go to a different place before they got to passport and immigration control. I commend the Garda on its work in making a number of arrests on Sunday night. I hope that this matter will be taken very seriously and that it will be responded to in kind at all our airports and ports in terms of security and vigilance.

Brendan Howlin (Wexford, Labour)
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I would like to return to the two questions I raised earlier. In light of recent events at Dublin Airport, does the Taoiseach agree that there is no point in having sophisticated security systems if the mere fact of being employed in the airport by any of the companies that has an operation there is enough to exclude people from any scrutiny? Does he agree that we need to have some overarching security authority to ensure there is a rigidity about the constant checking of people who present themselves as purporting to be working for each company that is based at the airport? I understand, from what the Taoiseach said, that Dublin Airport Authority currently has this responsibility. I hope this will be contemplated by the review he mentioned.

I thank the Taoiseach for responding to the point I raised about the Garda College. He will have seen the disquieting report in The Sunday Times about the result of the internal audit. I am not sure if I can ask the Taoiseach specifically about whether this matter was discussed by the Cabinet sub-committee. It is highly likely that it was discussed. Will the Taoiseach, following on from his initial reply, ensure that this matter is looked at again to ensure practices like the presentation of gifts and the leasing of land that were unearthed in the internal audit are fully investigated?

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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As we are coming towards the end, I will call Deputy Burton as well.

Joan Burton (Dublin West, Labour)
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I represent many tens of thousands of people who work in Dublin Airport, which is one of the most vital engines of the Irish economy. Any breach or lapse of security at the airport has to an issue of the utmost seriousness for the Government. Dublin Airport is vital to our national economy. If we become seen as a soft touch in terms of abuse, it will be very damaging to us at a time when we are facing the uncertainties of Brexit and the new Trump Administration. This is about people-smuggling.

Brendan Howlin (Wexford, Labour)
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Exactly.

Joan Burton (Dublin West, Labour)
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We have raised this issue many times in the past year and a half. The Taoiseach will recall that when the Labour Party was in office, we discussed this issue as a Government. It is important to understand that people-smuggling is one of the most evil things on the planet. It often involves younger people and women, in particular, being smuggled and ending up in prostitution.

Brendan Howlin (Wexford, Labour)
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Indentured.

Joan Burton (Dublin West, Labour)
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They often end up in completely illegal situations over a long period of years. The vast debts they owe to the people-smugglers often carry on through families. If the Garda National Investigation Bureau has been doing more work on this issue as a consequence of the civilianisation of the airport, I welcome that. An immediate high-level inquiry is needed to ensure that what has happened in this instance is closed down. If these people somehow had access to the catering vans going out of the airport, what does that say about the access of those vans to the air-side when they go to service catering on airplanes? If there is a weakness in one direction, it is almost inevitable that there is a weakness in the other direction. That is why we need a high-level inquiry into this immediately.

Enda Kenny (Mayo, Fine Gael)
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I agree with Deputies Howlin and Burton in respect of these matters. Deputy Howlin raised the reports in a Sunday newspaper regarding the presentation of gifts and the leasing of land. I will ensure that the matter is investigated fully.

We also need a review of the scrutiny of personnel. In most cases, there are points beyond which people cannot go because they do not have clearance. I am sure that the system at Dublin Airport is quite sophisticated. Clearly, there has been a breach. A scam operation that has been going on has allowed certain people who have come to this country to avoid making their way through to passport and immigration control. As Deputy Burton has pointed out, this is people-smuggling. As Deputy Durkan said, it is important for security matters at all our airports and ports to be considered at the highest level. I remind the House that we have pre-clearance in Dublin Airport and Shannon Airport for the United States. It is clear that these issues are rightly of concern to every country, but particularly so for the US and its Department of Homeland Security, as it has stated. It is very important for Ireland to be absolutely clear, accurate, competent, vigilant and professional in how it goes about its business here. A lapse has been identified thanks to the Garda and the arrests it made. The courts will deal with that matter. This is something that interests the entire country. It is a question of our national integrity.