Written answers

Thursday, 22 February 2024

Department of Justice and Equality

Legislative Programme

Photo of Rose Conway-WalshRose Conway-Walsh (Mayo, Sinn Fein)
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28. To ask the Tánaiste and Minister for Justice and Equality if she will provide an update on the legislative programme. [3499/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Government Legislation Programme for the Spring 2024 Session was published on 16 January. As set out in the Legislation Programme, my Department has five priority Bills for publication as follows:

Garda Síochána (Powers) Bill.This Bill will codify certain police powers and procedural rights of suspects. It aims to rationalise and modernise those powers to take account of developments in modern technology thereby providing greater clarity and transparency. On foot of two Supreme Court rulings, the Search Warrant portion of the Bill has been expedited, while other sections will follow in due course. Drafting of the Bill is continuing.

Garda Síochána (Recording Devices) (Amendment) Bill– Will provide for the retrospective searching of images which are legally held or can be legally accessed by An Garda Síochána through the safe and ethical use of biometric identification (commonly referred to as facial recognition technology). Under the Bill, biometric identification will be utilised in limited circumstances and only in relation to specific serious offences which are subject to a penalty on conviction of up to life imprisonment. The General Scheme of this Bill was approved by Government on 12th December 2023. A drafter was assigned by Office of the Parliamentary Council on 15th December 2023. Pre-legislative scrutiny took place on 13 February 2024 and involved a large number of submissions. Drafting of the bill is continuing.

Coroners (Amendment) Bill- To ensure that a sufficient number of Coroners can continue to operate in the Dublin District and ensure that additional temporary Coroners can be appointed to other districts if required and to provide for salaried Coroners in the Dublin District. This Bill has completed it's passage through the Oireachtas, and has been sent to the President for his signature.

Defamation (Amendment) Bill- To update aspects of defamation law, following statutory review of the Defamation Act 2009. Drafting of the Bill is ongoing with a view to its publication during the current Dáil Session.

Intoxicating Liquor Bill 2024- Condensed Bill to introduce certain key reforms from the Sale of Alcohol Bill 2022. Drafting is at an advanced stage and it is intended to publish the bill in the coming weeks.

My Department has two priority Bills for drafting as follows:

Inspection of Places of Detention Bill- To provide for the inspection of all places of detention within the Justice sector. These include prisons, detention facilities in Garda stations and court holding cells. The Bill also provides for the appointment and functions of the Chief Inspector of Places of Detention which will expand the existing statutory role of the Inspector of Prisons. Enactment of the legislation will enable ratification of Optional Protocol to the UN Convention against Torture (OPCAT). Pre-Legislative Scrutiny took place on 18 October 2022 and the report on PLS was published on 8 March 2023.

Proceeds of Crime (Amendment) Bill- The purpose of the Bill is to strengthen the State’s ability to target the proceeds of crime. Ongoing review of the operation of the civil forfeiture regime in Ireland (grounded in the Proceeds of Crime Act 1996) has identified a number of areas of improvement and the Bill will propose refinements to the regime informed by legal and operational developments. The General Scheme for this Bill was approved on 18 January 2024 and it was referred for Pre-Legislative Scrutiny on 25 January.

In addition, my Department is continuing to progress the following legislation:

Family Courts Bill 2022- Provides for the establishment of a Family High Court, Family Circuit Court and Family District Court. I am working to bring the important Family Courts Bill 2022 through the Houses this year. This Bill will establish new dedicated Family Courts within the existing court structures and put families at the centre of the family justice system.

European Arrest Warrant Act (EAW) (Amendment) Bill 2022- This Bill amends existing European Arrest Warrant and Extradition legislation to give effect to proposals made by a working group aimed at improving the operation of this legislation. Final stages in the Dáil were completed on 22 June 2022. Second Stage in the Seanad was completed on 25 October 2022. Committee Stage in the Seanad is scheduled for 22 February 2024.

Criminal Law (Sexual Offences and Human Trafficking) Bill 2023- Provides for amendments to sexual offences legislation arising from the recommendations of the O'Malley review and of the Law Reform Commission. It will place the proposed new National Referral Mechanism for Human Trafficking on a statutory footing. Committee Stage in the Dáil was completed on 14 November 2023.

Criminal Justice (Engagement of Children in Criminal Activity) Bill 2023- Aims to criminalise adults who induce or groom children into committing offences. The final stages in the Dáil were completed on 6 December 2023. Second stage in the Seanad was completed on 31 January 2024.

Criminal Justice (Incitement to Hatred or Violence and Hate Offences) Bill 2022- Provides for new, aggravated forms of certain criminal offences where they are motivated by hatred. It also repeals and replaces the offences in the 1989 Prohibition of Incitement to Hatred Act. The final stages in the Dáil were completed on 26 April 2023 and second Stage in the Seanad took place on 13th and 21st June 2023.

Court Proceedings (Delays) Bill 2023- Provides for statutory compensation for breach of Article 6 of the European Convention on Human Rights - the right to a fair trial within a reasonable time. Dáil Committee stage was completed on 5 December 2023. Dáil Report Stage is set for 21 February 2024.

Civil Reform Bill- To give effect to recommendations arising from the Review of the Administration of Civil Justice (Kelly Review) which includes recommendations on the reform of civil procedures including those in relation to discovery, judicial review and court processes. Drafting of a General Scheme is currently underway and it is expected that approval to draft, will be sought this year.

Criminal Justice (Legal Aid) Bill- To update and strengthen the system of granting of criminal legal aid and to transfer the responsibility for the administration of the main scheme and ad-hoc schemes to the Legal Aid Board. The current position is that the Bill is at the drafting stage with the General Scheme of the Bill having been referred for drafting on 13 July 2023.

Personal Insolvency (Amendment) (no. 2) Bill - To update aspects of personal insolvency legislation, following statutory review of Personal Insolvency Acts. Work is underway and drafting of General Scheme will commence after the publication of the Report.

Finally, and as the Deputy may be aware, the Policing, Security and Community Safety Act 2024 was passed by both houses of the Oireachtas and was signed into law by the president on 7 February 2024. This Act provides for a modern and coherent governance and oversight framework for policing in Ireland, provides a strategic framework at national and local level to enhance community safety, and strengthens oversight of security legislation.

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