Seanad debates

Wednesday, 6 December 2023

Policing, Security and Community Safety Bill 2023: Committee Stage

 

10:30 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank the Senator. At the outset, I understand why she is proposing this amendment. The overall objective is to make sure nobody is left out of the terminology used. What we have tried to do, and I will say similar about some of the other amendments, is not be so prescriptive as to potentially exclude people. In this particular section, the term "vulnerable" is used in conjunction with "at risk". The definition of "at risk", in the same section of the Bill, is "in relation to an individual, means an individual, including an individual aged under the age of 18 years, who is at risk, at a particular point in time, of harm and who requires, whether due to his or her personal characteristics or personal circumstances, assistance in protecting himself or herself from such harm at that time". We have tried in this definition to make sure everybody is included. The more we define that and put in particular characteristics, there is potential for other people to be excluded because they are not defined. We have tried to capture everybody in the definition. The approach is to reflect that somebody might be in a particular situation or experiencing, for instance, social isolation, but it might be at a particular time due to certain circumstances which may change. We are trying to apply it to somebody who might be in a vulnerable position at a particular time but not at a later stage and ensure it encompasses everybody. By putting in something more prescriptive, it potentially excludes others.

For those reasons, I cannot accept amendments. I want to make sure everybody is captured in this. Careful attention was paid to the language in the Bill concerning the use of "at risk" to make sure it encompassed everyone, not just the young but also the old, and not just people in a long-term position but also people who might, in the short term, find themselves in a vulnerable position. I understand why the Senator put forward the amendments, but for the reasons outlined, I cannot accept them.

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