Seanad debates

Wednesday, 11 June 2025

Child Trafficking and Child Sexual Exploitation Material (Amendment) Bill 2022: Committee Stage

 

2:00 am

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)

I am advised that the postponement of the coming into effect of the Bill is, broadly speaking, a policy matter. Therefore, I do not oppose the amendment. I am further advised that there is no legal or practical need to set out the reasons the legislation is or is not coming into effect immediately on its passing by the Oireachtas. It appears the only legal effect of the amendment as currently worded would be to create a delay in the coming into effect of the Bill. If the intention is that the amendment would require the provision of training, it should be noted that the constitutional separation of powers places an obligation on the Oireachtas, as well as the Government, not to overreach by obliging the Judiciary to undertake prescribed actions that may include a requirement for training. It would be necessary to obtain clear supporting legal advice if this is to be pursued in the Bill. The training of practitioners may be better achieved by other means than a provision in legislation. At a practical level, a period of three months would not be adequate to identify and train everybody who is captured by the language in the amendment.

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