Lynn Boylan (Sinn Fein)
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I welcome the Minister of State.

Lynn Boylan (Sinn Fein)
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Amendments Nos. 1 to 4, inclusive, are related and may be discussed together by agreement.

James Browne (Wexford, Fianna Fail)
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Amendment No. 1 amends the definition of "citizenship ceremony" that was inserted into section 2 of the Irish Nationality and Citizenship Act 1956 by section 3 of the Bill as passed by Dáil Éireann. This is a technical amendment to reflect the changes I will outline in relation to amendment Nos. 2 to 4, inclusive.

Amendments Nos. 2 to 4, inclusive, amend sections 15 and 15A of the Irish Nationality and Citizenship Act 1956, as amended. Senators will be aware sections 15 and 15A of the Act relate to the conditions for naturalisation generally and the naturalisation of spouses of Irish citizens. Applicants for naturalisation are required to make a declaration of fidelity and loyalty to the State and to undertake to faithfully observe the laws of the State and its democratic values. This is normally done at a citizenship ceremony, unless there are special reasons why it cannot be done. I am introducing these amendments to allow for the taking of declarations and undertakings in naturalisation applications under those sections other than in citizenship ceremonies. This will apply where, having regard to the number of applications, it is appropriate to do so in the interests of ensuring such applications are dealt with in an efficient manner. This is to ensure applications for naturalisation can be processed more efficiently in times of increased demand and the applicants can have quicker access to their certificate of naturalisation. This is not intended to replace the traditional method for the taking of declarations and undertakings under the Act of 1956 at citizenship ceremonies, but, rather, to complement current processes where absolutely necessary. It is envisaged that these alternative methods will be similar to the changes in procedure during the Covid-19 pandemic whereby commissioners for oaths, notaries public, solicitors or peace commissioners could witness the declarations and undertakings. It is the case applicants will have a choice as to whether they wish to make their declarations and undertakings in this manner or whether they do so in a citizenship ceremony.

Lynn Boylan (Sinn Fein)
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These amendments are from the first substitute list of amendments, dated 21 June 2023. Amendments Nos. 5, 5a, 5b, 6, 6a, 6b, 8 and 17 are related and may be discussed together by agreement. Is that agreed? Agreed.

James Browne (Wexford, Fianna Fail)
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Amendment No. 5 will insert a new Part 7 into this Bill to make a number of amendments to the Immigration Act 1999. First, it inserts a new section 43 into the Bill. This is a technical amendment to provide a definition of the Act of 1999 for the purposes of this new Part.

This also inserts a new section 44 to amend procedures for voluntary return under section 3 of the 1999 Act. Section 3(4) of the Immigration Act 1999 currently requires that a person to whom a deportation order is about to be made be given the option to voluntarily leave the State within 15 days before the order can be enforced against him or her. Where a deportation order has been enforced against a person and they are removed from the State, the person cannot re-enter the State unless the order is revoked. It is intended that this amendment will amend section 3 of the Act to allow the Minister to enforce a deportation order immediately where the person concerned has been convicted of a serious criminal offence or poses a threat to the security of the State, and does not have to wait for the time period to elapse. This will align these provisions more broadly with the deportation provisions under section 48 of the International Protection Act 2015. While voluntary return will continue to apply in almost all cases where it is appropriate to do so, it is important that it does not apply in all cases, such as those involving serious criminality.

Finally, amendment Nos. 5a and 5b also amend section 6 of the 1999 Act to provide for the service of notice under the Act by electronic means. This will allow for people to be contacted about their immigration decisions under this Act by email or through a customer portal where applicable. There have been many examples where people have changed their address and may not have notified my Department. This will enable us to send important notices even when a person may have moved. It should be noted that electronic service of notices can be effected only where the person has consented to service in this manner and they have provided their email address for this purpose to the administrator or registration officer. The new provision also provides for deemed service after expiry of three working days, which mirrors the current arrangements for postal service. While electronic service is not intended to fully replace other modes of service already provided for under current legislative provisions, it will allow more flexibility and efficiency for customers and will support ongoing modernisation efforts across immigration service delivery, including the introduction of a digital customer portal that will be rolled out over the coming years.

I will be seeking similar amendments today to the Immigration Act 2004 and the International Protection Act 2005.

Amendments Nos. 6a and 6b insert a new Part 8 of this Bill to make a number of amendments to the Immigration Act 2004. Similar to the amendments to the 1999 Act, they insert a new section 46 into the Bill to provide a definition of the Act of 2004 for the purposes of this new Part. The new section 47 makes two technical amendments to sections 4(3) and 4(7) of the 2004 Act to replace amendments made in the Dáil so that they appear within this new Part.

Amendments Nos. 6a and 6b also insert a new section 48 to amend section 18 of the 2004 Act to provide for the electronic service of notices under the Act in the same manner as outlined relating to the amendments Nos. 5a and 5b.

Amendment No. 8 proposes to amend section 62 of this Bill, which will amend section 5 of the International Protection Act 2015 to provide for the electronic service of notices under the Act in almost identical manner as I outlined in relation to amendments Nos. 5 and 6. The only difference in relation to the amendments to the 2015 Act is that it will allow for service of notices by the International Protection Appeals Tribunal, which can service notices as part of the appeals process.

Amendment No. 17 makes a consequential amendment to the Long Title.

Lynn Boylan (Sinn Fein)
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Would anybody else like to speak to the amendments? No.

James Browne (Wexford, Fianna Fail)
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This amendment is intended to address an issue identified in the 2022 High Court case X v. Y affecting the judicial complaints process under the Judicial Council Act 2019. The High Court stated that there is nothing in section 40 of the Civil Liability and Courts Act 2004 that varies or removes a traditional rule as regards obtaining the prior leave of the courts when it comes to the disclosure to third parties of documents, information or evidence that are generated in or garnered or gleaned from in camera proceedings. As a result, a person who wishes to make a complaint about the conduct of a judge would have to seek the permission of that judge against whom the complaint is to be made in order to submit information to the judicial conduct complaints mechanism. This is inappropriate and contrary to the intention of the judicial conduct legislation.

The amendment does not address the issue with regard to the judicial conduct complaint process solely and is couched in broader terms to allow for documents, information or evidence to be disclosed without the need for permission or leave of a judge where other bodies are performing functions consisting of a hearing, inquiry or investigation. Accordingly, the amendment provides that the leave of the court is not required for the production of a document within the meaning of subsection (6) or the giving of information or evidence within the meaning of subsection (7).

Lynn Boylan (Sinn Fein)
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Would anybody else like to speak to the amendment? No.

Lynn Boylan (Sinn Fein)
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Amendments Nos. 9 and 18 are related and may be discussed together by agreement. Is that agreed? Agreed.

James Browne (Wexford, Fianna Fail)
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Amendment No. 9 inserts a new section 26A into the Data Protection Act 2018 to provide a prohibition on disclosure of confidential information by persons engaging with the Data Protection Commission in connection with certain defined functions. The relevant functions include matters such as handling of complaints under sections 107 and 118, the carrying out of investigations under section 105 and the conducting of inquiries under sections 107 and 118. Confidential information is defined and concerns information that is commercially sensitive or given in confidence or information the disclosure of which would reasonably expected to prejudice the effectiveness and performance of a relevant function.

Amendment No. 18 updates the Long Title to reflect this additional amendment.

Lynn Boylan (Sinn Fein)
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Amendments Nos. 10 to 15, inclusive, and Nos. 19 and 20, are related, and may be discussed together.

James Browne (Wexford, Fianna Fail)
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Amendment No. 10 inserts a number of new subsections into section 3 of the Court Officers Act 1926 to provide for the circumstances in which the Master of the High Court shall cease to hold office, the circumstances in which Government may remove the Master of the High Court from office and the process to be followed. The provisions are similar to those already provided for in section 96 of the Bill on county registrars and those already on the Statute Book in legal cost adjudicators.

Amendment No. 14 is a consequential amendment to section 57(1)(a) of the Courts (Supplemental Provisions) Act 1961, which concerns pension entitlements of the Master of the High Court, legal cost adjudicators and county registrars. It updates the references to the removal by Government of the office holders on certain grounds to reflect the new statutory processes which will be in place. This amendment does not impact pension entitlements.

Amendments Nos. 11 to 13, and 15, are typographical amendments to section 96 of the bill, while amendments Nos. 19 and 20 update the Long Title.

Lynn Boylan (Sinn Fein)
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Amendments Nos. 16 and 21 are related and may be discussed together.

114. Section 32(1):

of the Registration of Deeds and Title Act 2006 is amended in the definition of “deed” by the substitution of the following paragraph for paragraph (e):

“(e) a certificate of vesting issued under section 46(1) of the Bankruptcy Act 1988 as evidence of the vesting of land in the Official Assignee under that Act;”.”.

James Browne (Wexford, Fianna Fail)
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Amendment No. 16 is a technical amendment proposed on the advice of the Office of the Attorney General and the Chief State Solicitor's Office to correct an inconsistency in the wording of section 32 of the 2006 Act, with sections 44 and 46 of the Bankruptcy Act 1988. Under sections 44 and 48 of the Bankruptcy Act 1988, when a person is adjudicated as bankrupt, the High Court adjudication order vests their property in the official signee in the bankruptcy. The court then issues a certificate of vesting, which is registered by the official assignee in the Land Registry and Registry of Deeds, now Tailte Éireann, to protect the property against leapfrog claims by creditors or from fraudulent transactions. Section 32 (1)(e) of the Registration of Deeds and Title Act 2006 describes the certificate as one which vests the property in the official assignee. It is the High Court adjudication order that vests a property and a certificate is merely evidence of the vesting provided for registration purposes. The amendment, therefore, corrects the wording of section 32(1)(e) to be consistent with sections 44 and 46 of the Bankruptcy Act 1988.

Amendment No. 21 updates the Long Title.

Lynn Boylan (Sinn Fein)
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Before we move on, can we give a big fáilte to Dooagh National School from Achill Island. They are all welcome here. It was a long journey for them, so I hope they are getting great enjoyment out of being in the Houses of the Oireachtas. Tá fáilte rompu.

Gerard Craughwell (Independent)
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You have to give them homework off.

Lynn Boylan (Sinn Fein)
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Acting They have homework off for the rest of the week. Is that agreed? Agreed.

Lynn Boylan (Sinn Fein)
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When is it proposed to take Report Stage?

Robbie Gallagher (Fianna Fail)
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Now.

Lynn Boylan (Sinn Fein)
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Is that agreed? Agreed.

Lynn Boylan (Sinn Fein)
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When is it proposed to take Final Stage?

Robbie Gallagher (Fianna Fail)
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Now.

Lynn Boylan (Sinn Fein)
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Is that agreed? Agreed.