Pauline Tully (Cavan-Monaghan, Sinn Fein)
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81. To ask the Tánaiste and Minister for Justice and Equality for an update on the legislative programme within her Department. [38202/24]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, the Government Legislation Programme for the Autumn 2024 Session was published on 18 September. As set out in the Legislation Programme, my Department currently has four Bills before the Houses as follows:

Gambling Regulation Bill - To provide for a robust regulatory and licensing regime to regulate gambling both in person and online, to update and streamline the licensing framework and to provide for the establishment of the Gambling Regulatory Authority of Ireland. Seanad Committee Stage is expected on 25 September 2024.

Family Courts Bill 2022 – Provides for the establishment of a Family High Court, Family Circuit Court and Family District Court. This Bill will establish new dedicated Family Courts within the existing court structures and put families at the centre of the family justice system. Seanad Committee Stage expected to be scheduled next week.

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill – This Bill will be amended to remove the incitement to violence or hatred provisions, subject to Government approval. The revised Bill will provide for new, aggravated forms of certain criminal offences, with increased sentences, where they are motivated by hatred. The Bill was published in October 2022 and completed its passage through the Dáil on 26 April 2023. Seanad Second stage took place on 13 and 21 June 2023. A date for Seanad Committee stage is awaited.

Defamation (Amendment) Bill - The Bill will update aspects of defamation law following the statutory review of the Defamation Act 2009, was published on 2 August 2024. Dáil Second Stage took place on 19 September. A date for Dáil Committee Stage is awaited.

In addition to the Bills listed above, the Criminal Justice (Amendment) Bill was published on 19 September and passed Second Stage in the Dáil on 25 September - The purpose of this Bill is to make an amendment to section 2 of the Criminal Justice Act 1990 to address a recent High Court judgment which found that the mandatory life sentence for murder does not apply to a person who committed the murder when they were still a child but are sentenced after their 18th birthday.

The Deputy should note that the timetabling of legislation before the Houses is not a matter for my Department but for the Government and the Houses respectively.

I can inform the Deputy that my Department also has five priority Bills for publication as follows:

Garda Síochána (Powers) Bill - To codify police powers of search, arrest and detention and procedural rights of suspects through rationalising and modernising those powers to take into account developments in modern technology to provide clarity and transparency. Pre-Legislative Scrutiny was completed in June 2022. Drafting is ongoing.

Garda Síochána (Recording Devices) (Amendment) Bill - To provide for retrospective searching of images which are legally in the possession of An Garda Síochána through the safe and ethical use of biometric identification (which includes facial recognition technology) in limited circumstances only and in relation to specific serious offences. Drafting is at an advanced stage and the Bill is expected to be ready for publication in October 2024.

Proceeds of Crime (Amendment) Bill - The purpose of this 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. Drafting is nearing completion and is expected to be ready for publication shortly.

Intoxicating Liquor Bill - To introduce certain key reforms from the Sale of Alcohol Bill 2022 including the introduction of late bar and nightclub permits, the licensing of outdoor seating areas and the transfer of jurisdiction, in licensing matters, from the Circuit Court to the District Court. Pre-Legislative Scrutiny was completed in March 2023.

Criminal Justice (Terrorist Offences) (Amendment) Bill - To give effect to EU Directive 2017/541 on combating terrorism which is directed at the foreign terrorist fighter phenomenon and includes offences of travelling to commit a terrorist offence, facilitating travel to commit a terrorist offence, and receiving training for terrorism. Work is ongoing.

My Department has four priority Bills for drafting as follows:

Inspection of Places of Detention Bill - To provide for inspection of all places of detention in the Justice sector - prisons, Garda stations, courts. The Bill also provides for the appointment and functions of the Chief Inspector of Places of Detention. Enactment will enable ratification of the Optional Protocol to the Convention Against Torture (OPCAT). Pre-legislative Scrutiny was completed in March 2023 and drafting is under way.

Criminal Justice (Protection, Preservation of and Access to Data on Information Systems) Bill - To give effect to a number of the provisions of the Budapest Convention on Cybercrime, the E.U e-Evidence Regulation ((EU) 2021/784) and the E.U. Terrorist Content Online Regulation ((EU) 2021/784). Pre-legislative Scrutiny was completed in March 2024.

Life Sentences Bill - The primary purpose of the Bill is to provide for judges to recommend minimum periods in prison when a life sentence is imposed. The General Scheme of this Bill was approved by Government in July 2024 and was referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny.

Violation of Restrictive Measures Bill - This Bill will transpose Directive (EU) 2024/1226 on the definition of criminal offences and penalties for the violation of Union restrictive measures (sanctions). The Directive sets out the minimum scope of criminal offences applicable to sanctions breaches and penalties applicable to those offences.

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

Children (Amendment) Bill - To amend the Children Act 2001 to provide for alternative sanctions to fully and partly suspended sentences, including for children who will transition to adulthood while subject to a court-ordered sanction. Heads of Bill were approved in July 2024.

Civil Reform Bill - To give effect to recommendations arising from the Review of the Administration of Civil Justice (Kelly Review).

Communications (Retention of Data) Bill - To replace the Communications (Retention of Data) Act 2011 to reflect advances in technology and consolidate the law on retention of and access to data for national security and prevention of crime purposes.

Criminal Justice (Community Sanctions) Bill - To provide a modern statement of the law governing community sanctions and the role of the Probation Service in the criminal justice system.

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. Pre-Legislative Scrutiny was completed in December 2023.

Criminal Justice (Miscellaneous Provisions) Bill 2024 - To provide for various procedural reforms and efficiencies in the Criminal Justice System.

Criminal Justice (Passenger Name Record) Bill - To comply with an EU Council commitment to extend the EU Passenger Name Record Directive to internal EU flights

Criminal Justice (Disregard of Certain Convictions related to Consensual Sexual Activity) Bill - To establish an application-based scheme to enable the disregard of certain historical convictions relating to consensual sexual activity (primarily homosexual activity).

European Public Prosecutor’s Office Bill - To make the necessary legislative changes to enable Ireland to participate in the European Public Prosecutor’s Office Regulation.

Interception of Postal Packets and Telecommunications Messages (Regulation) (Amendment) Bill - To amend various pieces of legislation in respect of electronic communications.

International Criminal Court (Amendment) Bill - To give effect to the Kampala Amendment to the Rome Statute of the International Criminal Court in relation to the crime of aggression.

Irish Prison Service Bill - To establish the Irish Prison Service on a statutory basis with defined functions, and to provide for enhanced governance and oversight structures including a board and an audit committee. Pre-Legislative Scrutiny was completed in December 2023.

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