Jim O'Callaghan
Dublin Bay South · Fianna Fáil · Ireland
“This relates to section 69 of the Bill as passed by Dáil Éireann, which amends Schedule 5 to the Social Welfare Consolidation Act 2005 to add the Courts Service to the Schedule.”
“The first four amendments in this group are minor drafting corrections. They corrected the wording in four places so that the Bill reads consistently. It is changing the word "references" to "a reference". They make no change to the substance or effect of the Bill.”
“The ARP scheme was introduced in July 2022 to recognise the generosity of members of the public who opened their houses, whether in their entirety or through the provision of a room, at their own expense to provide shelter to people displaced by the Ukraine war. The Department of Social Protection administers the scheme on my behalf.”
“I have no doubt it will be challenged, and I have to be able to convince a court, if it is being challenged, that this legislation weighs up conflicting interests and recognises there is a mechanism for somebody who has reformed himself to get off the register.”
“The scheme has been a lifeline for people from Ukraine displaced by the conflict, given high rental market rates and scarcity of rental accommodation.”
“I thank the Leas-Cheann Comhairle in the first instance for presiding over these Stages of the legislation. I am very pleased that this legislation has been enacted. I want to thank a few people very briefly. I thank Deputy McAuliffe for introducing me to Jason Poole. I thank Senator O'Loughlin for her work on this issue in the Seanad.”
The complete record
Every one of 4,181 lines we hold for Jim O'Callaghan, in date order, each linked to its source. Free to read, in full, without an account. Page 27 of 84.
“In Ireland, these details may be supplied to other participating states from the national vehicle and driver file. The relevant national legislation is the Vehicle Registration Data (Automated Searching and Exchange) Act 2018, which designates the Minister for Transport as the national contact point. I understand the Minister, Deputy O’Brien, will amend the 2018 Act by way of statutory instrument to include reference to the trade and co-operation agreement. His Department is engaging with the Office of the Parliamentary Counsel to the Government in this regard. The proposed Council decision has a Title V legal basis in the area of police co-operation.”
“It includes provisions on vehicle registration data exchange, which required the UK to undergo an evaluation process before the exchange of vehicle registration data could be resumed with all member states, including Ireland. This evaluation process has now been successfully concluded. The unilateral declaration, presented as an annexe to the proposal, will determine the date from which member states may resume the supply of vehicle registration data to the UK. The date will be determined once the Council decision is adopted. The desire from all parties is to see that resumed as soon as possible. Vehicle registration data includes the personal data of drivers, owners and operators of vehicles, as well as the details of those vehicles such as the make, model, colour, licence plate and chassis number.”
“I am here to seek the approval of Seanad Éireann to opt in to a European Commission proposal for a Council decision to allow member states to resume the automated searching and matching of vehicle registration data, VRD, with the United Kingdom. I emphasise at the outset that this is not a new capability. Under the Prüm decisions by which Ireland is bound, participating EU member states can search and exchange DNA, fingerprints and vehicle registration data with other member states via the automated means for the purpose of preventing and investigating criminal offences. Following the UK’s withdrawal from the European Union, the EU-UK Trade and Cooperation Agreement was signed and concluded.”
“We have an obligation when people are incarcerated not just to punish them but to ensure we can rehabilitate them. That is a very important part of my job.”
“I have also visited the National Forensic Mental Health Service, the new hospital in Portrane. It is a wonderful facility. It is a vast improvement on what was there previously at Dundrum. On where we go with the prison system in Ireland, I think the justice committee should keep visiting prisons throughout the country. I am pleased people went to Limerick Prison. I have to say Limerick women's prison is one of the finest infrastructural developments that the State has done in recent years. The statistics make it look significant in terms of overcrowding but the rooms where women stay are much larger than the cells represented in the Mountjoy Prison report to which Senator Boyhan referred. I would never like to think of the State warehousing people. This is not something that is being done.”
“I think there is a greater role for open prisons. Those prisons are also very effective in preparing people for getting back into the community. I commended the people in Shelton Abbey, the prison staff there, but also the local community and the businesses in the locality that engage the services of prisoners and, once the prisoners are released, want to keep them on. It is important that we provide prisoners with an opportunity to be aware that there is an employment pathway for them once they leave. People with mental health difficulties are obviously a very complex issue. Again, the reason people are incarcerated is because, notwithstanding their mental health, they have committed serious offences. There are sometimes individuals who are found not guilty of offences but still have to be detained because of their mental health.”
“I know from my own visits that there are education services provided there and there are mechanisms available to people in prison to assist them in getting their lives back on track. Other Senators mentioned the restorative justice programme. I think it was proposed by Senator McCarthy. That is something I will certainly give consideration to. There are situations where there are small detention houses. We are aware of this model and the Department has visited them in Belgium. There are merits to this approach. It is something to bear in mind as part of the solutions. Two of the prisons that are very effective and very impressive are our open prisons, one in Shelton Abbey and one in Loughan House. I visited both of them. Shelton Abbey has its own unique mobile home-type unit where prisoners stay and it seems to work very effectively.”
“The final report was received by my Department at the end of last year. It was shared with a number of the key stakeholders and the final report was received in February 2026. It is currently under consideration. I expect to receive this report in the very near future. A number of Senators also mentioned building further capacity. As I said at the outset, I think it is necessary to build further capacity irrespective of what people’s general view about whether people should be incarcerated more or less under our system. There is no reason that the prison system that we operate at present cannot provide treatment for people who have addiction, as I said, and also there is education that goes on. Senator Harmon indicated that there was very little education in prisons.”
“These include methadone substitution treatment, counselling, psychological intervention, peer-to-peer support programmes, psychological education and the treatment and rehabilitation programme provided by Merchant’s Quay Ireland. It is sometimes the case that part of the reason a court will impose a short custodial sentence on a person who has addiction issues is because the court may believe that the only way that they can get treatment for their addiction is in prison because their chaotic lives and how they will not voluntarily attend treatment mean it is the only way it can be imposed upon them. The drug treatment court was mentioned by a number of Senators. In 2024, the Centre for Justice Innovation was commissioned by my Department to carry out an evaluation of the drug treatment court.”
“Many colleagues mentioned addiction. Obviously, there is an issue in terms of people who are sentenced to prison with addiction issues. The reason they are sentenced is not because of their addiction issues, but because they have committed a criminal offence. The criminal offence may have been induced because of their addiction but the reason they were put in prison was because they committed a criminal offence. It is now the case that people in custody have access to a growing range of medical and rehabilitative services to support their rehabilitation, reduce offending and assist with reintegration into society.”
“Nobody has suggested that very elderly men who are in prison for historical sex offences should no longer remain in prison and that there should be some mechanism of releasing them, taking into account that, at present, they do not form a threat. We need to recognise that there is a complexity to these debates. I was in a debate in the Lower House where there were complaints about the fact that sentences imposed by a court had either been too low a custodial sentence or a suspended sentence. There needs to be some recognition that the whole process of sentencing is a complex process and it will require, in many instances, the imposition of a custodial sentence. I want to thank the Senators for their contributions. I will not go through them all individually because I will not finish them all in the time I have.”
“I know from functions I have as Minister that when people are released on temporary release, particularly people who have life sentences, there is not much recidivism when it comes to people who have received long life sentences. A statistic was mentioned earlier, which was correct, about short-term sentences where there was recidivism. That really is because of the chaotic lives lived by people who end up before our courts. I do not make this point to be in any way critical of Senators, but in terms of immediate fixes to the problem of overcrowding in our prisons, there is no immediate solution to that. No one has suggested here that I should do what the UK Government did previously, which was just to introduce legislation that would cut all sentences by a third across the board.”
“To read the reports of the inspector and to listen to the debates about the legitimate concerns people have about conditions in prisons, I know that you do not hear much about the good work that is being done there, but there is a lot of very good work being done in prisons. I am aware from speaking to prisoners in prison, particularly those who have received lengthy sentences, that very many of them do manage to get their lives back on track and are aspirational, as Senator Ruane said, in terms of getting out of prison and getting on with their lives. Regrettably, it is the case that the individuals who end up incarcerated in prison for lengthy sentences are to a large extent men between the ages of 18 and 35 years.”
“When it comes to the appropriateness of a court imposing a custodial sentence in prison, one of the factors a court has to take into account, and that we as legislators do when drafting criminal justice legislation, is the fact that for the purpose of a punishment, punishment and rehabilitation have to be taken into account. That is the purpose of prison. Prison is about punishment but it is also about rehabilitation. In that context, I want to say, having visited seven or eight prisons since I have been Minister, that there is a lot of good work being done in our prisons.”
“Ar dtús ba mhaith liom mo bhuíochas a ghabháil leis eis na Seanadóirí as a gcuid óráidí ar an gceist seo, ceist atá fíorthábhachtach ar fad. I thank the Senators for their contributions on this important and challenging debate. I suppose we were discussing two issues here. First is the appropriateness of a court imposing a custodial sentence of prison on a person. Second, if that happens, is the conditions in the prison. There are complex issues. I will deal with the first at the outset and then try to respond to each of the issues identified by Senators.”
“I must also take into account the operation of the criminal justice system. Every day, we see victims who go bravely before the courts, have their cases heard, and a finding of guilt is made for very serious offences against the criminals who have perpetrated violence upon them. There has to be a sanction for those people. If there is not and we are just going to say that we are going to let people out of prison early, it will have a very negative impact on victims and the process of ensuring that people are held to account.”
“I also want to increase the facility for there to be remote hearings so that prisoners do not have to be brought from prisons for hearings that are interlocutory or preliminary in nature. Those hearings should be conducted remotely. I am interested to hear what Senators have to say in respect of this complex matter. I have no doubt they will be critical of the fact that, at present, prisons are at 123% of capacity. I would like them to know that there is no easy solution. One option that could have been considered was what was done in the UK, which was to introduce an across-the-board reduction in sentences. I was asked to consider other options but did not proceed with them, including granting temporary release to sex offenders and cutting, across the board, the length of sentences imposed.”
“This plan aims to drive the delivery and support the increased use of community service as a robust and meaningful alternative to imprisonment. I have also indicated that I am committed to introducing electronic tagging for appropriate categories of prisoners. That will mean they will not have to be in prison but can serve their penalty or the sentence imposed upon them out in the community. Prison staffing is obviously an important issue. Last year, a total of 304 recruit prison officers were recruited by the Irish Prison Service. The pay allocation provided to the Prison Service will allow for the recruitment of up to 100 additional prison officers and up to 50 additional staff, along with a 19% increase in funding to allow for 210,000 additional staff hours. The recruitment programme is proceeding very well.”
“It is a provision that I know, from looking at the probation service and community service orders that operate at present, will be of benefit to those who otherwise may be incarcerated. Every case that results in a community service order will help to free up prison spaces for offenders who genuinely warrant imprisonment. The Probation Service has been engaging with the Judiciary to encourage the use of community service orders rather than the imposition of sentences of 12 months or less, which is the current threshold, and has provided an increase in funding of approximately 13% for the Probation Service in budget 2026. I also approved the publication of the Probation Service's Community Service: New Directions Implementation Plan 2025-2027.”
“The eligibility criteria for the scheme are now being extended on a phased basis to include more women in prison. There are also many non-custodial alternatives that should be considered by the courts and which I am committed to advancing to ensure that those options are available. One of these is in the legislation I am introducing to increase the maximum number of hours that can be imposed upon the community service order from 240 to 480 hours. That is in the miscellaneous provisions Bill. I will be coming with Committee Stage amendments to that Bill shortly. That will allow for an amendment to oblige the courts to consider a community service order in lieu of a prison sentence of up to 24 months' duration. That will be a positive development.”
“I also plan to fund the planning and commencement of construction of a new prison at Thornton in north County Dublin. I have also sought and secured an exemption from what is referred to as the public spending guidelines. That allows me to move straight to approval gate 2, which will considerably expedite the process in terms of getting those prison spaces constructed. The Prison Service also has a very good record in terms of construction on its estates. I have also introduced a pilot structured temporary release scheme for suitable candidates in Limerick women's prison. Recognising the positive impact of the pilot so far, the eligibility criteria for the scheme are now being extended on a phased basis to include more women in the prison.”
“On conclusion of the national development plan review in July 2025, I secured a record capital investment of €67.9 million for 2026, as part of a total investment of €500 million from 2026 to 2030. That €500 million is being invested in building projects to further increase capacity, reflecting our commitment to increase prison capacity and modernise the estate with a target of delivering approximately 1,500 spaces by 2031. It will be a very large building programme. It will include a large extension to the existing Cork Prison, a new block in Wheatfield Prison and an additional block at Midlands Prison. This is in addition to spaces at Castlerea, Mountjoy and the Dóchas Centre, where an extension to Rowan House is expected to accommodate 50 female prisoners.”
“There are other solutions that I am looking at as well. I am pursuing a dual approach to overcrowding by implementing policies aimed at the increased use of non-custodial sanctions to try to reduce offending and divert people away from imprisonment. However, expanding the prison estate to deal with capacity will remain a very significant part of my approach. I cannot respond to the overcrowding issue in prisons without seeking to increase the amount of that capacity that is available. I will deal with the issue of increasing prison capacity. Since 2024, 232 spaces have been constructed across the prison estate; 126 were constructed in 2024 and 106 were constructed in 2025. The majority of them are now in use, and I hope to see another 65 spaces in 2026 and 70 spaces in 2027.”
“Regrettably, it is the case that over the past 15 or 16 years we did not keep growing the prison capacity in the way we should have done for the purpose of ensuring that we did not have overcrowding. I have made it clear that I am determined to drive reform in the area of our prisons, invest in the prison estate and its people and provide for the humane treatment and rehabilitation of all those in custody. Obviously, for the criminal justice system to operate effectively, there have to be consequences for serious criminal behaviour, and the main consequence and penalty we have is incarceration. I also want to ensure that we have a modern, fit-for-purpose prison system that allows staff to work to the best of their abilities. Obviously, increasing capacity is not the only solution to the challenges faced by our prison system.”
“His reports highlight the challenges faced within prisons and underline the urgency of investment to reduce the impact of overcrowding and ensure there is adequate prison capacity to underpin an effective criminal justice system. When we look at the issue of capacity, it is worthwhile remembering the statistics. Back in 2009, the capacity of Ireland's prisons was for 4,000 people. Today, in 2026, the capacity is for 4,700 people. Clearly, we have had a population increase in those 17 years. We have had a population increase of approximately one million people. I do not believe that building prison space is the solution to our criminal justice issue, but it is certainly important that our prison capacity keeps in line with the growth in our population.”
“That is also a very important and educational process for me to see the human face of the individuals who are within our prison system. I am obviously aware of the challenges that exist and the difficulties that current capacity constraints pose to those who work and live in our prisons. I also note the recent reports on prison conditions from the Inspector of Prisons. I would like to acknowledge the very important work undertaken by Mr. Mark Kelly, the Inspector of Prisons. I had an opportunity to meet him face-to-face not that long ago. I am very conscious of the important role he plays in ensuring that I am held to account for the prison system.”
“I thank the Leas-Chathaoirleach and the Seanad for the opportunity to discuss this very important issue this afternoon. Obviously, a very important part of my functions as Minister for justice is responsibility for prisons in Ireland. I am pleased to say that since I have become Minister, I have had the opportunity to visit seven of our prisons to date and, in the very near future, I will be visiting two more. I expect, certainly by the middle of this year, that I will have visited every prison in the country. The first thing I want to say is that I get an opportunity through the visits to see first-hand the professionalism and dedication of the staff of the Irish Prison Service. I start by extending my thanks to them. I never go to a prison without meeting and talking freely to the prisoners, which I can do.”
“You yourself, a Cheann Comhairle, will know from the south east of the country that gardaí are out there in terms of roads policing. Gardaí are out there in terms of roads policing. It is a hugely important part of An Garda Síochána's function. We need to ensure that we keep the rules of the road enforced but there is also an obligation on everyone to slow down.”
“Certainly, I would like to see that done very promptly. It is not something that should take a considerable time. I heard what Deputy McGuinness said about road safety in the area of the south east and the sheer volume of traffic. Obviously, the Irish economy is very open. We export and import very significant amounts - more is exported, if the truth be told - and that will result in a lot of traffic coming from the UK and from France. Obviously, Rosslare has got much busier since Brexit because of direct links between France and Ireland but I hear what the Deputy says about the road safety issue. As the country gets busier, there will be more people on our roads and we need to ensure that road safety is prioritised.”
“It can be used only for the purposes for which the agreement is entered into. Deputy Kelly also asked about the timelines. As I said, the relevant national legislation in Ireland is the Vehicle Registration Data (Automated Searching and Exchange Act) 2018. That has the Minister for Transport, currently Deputy O'Brien, designated as the national contact point. We will amend the provisions of the 2018 legislation by way of statutory instrument to include reference to the trade and co-operation agreement between the UK and the EU. I cannot give the Deputy a specific timeline but it is not a very lengthy amending statutory instrument. The Minister is engaging with the Office of the Parliamentary Counsel and the Attorney General's office, which will draft the necessary statutory instrument.”
“As there is greater harmonisation throughout the European Union in the areas of law and police co-operation, I think we will see more cases of Ireland wanting to opt in because it is to our advantage. If there are proposals that we do not want to opt into, we will not go near them and I will not propose them. Deputies Kelly and Carthy mentioned the issue about data. Obviously, it is extremely important if we are sharing data of Irish citizens that it is protected. The only reason the data that is provided to the UK under the EU-UK agreement can be used is for the purpose of what is set out in the agreement, and that is for the purpose of investigating serious criminal activity pursuant to the vehicle registration data provisions. I do not want Deputies to believe that this data can be used for ulterior or parallel purposes.”
“This is a prime example of one where we should exercise the option to opt in under Protocol 21, Article 3. Here we have a situation in respect of an agreement between the European Union and the United Kingdom for the purpose of sharing vehicle registration data. It is obvious to me that we would want to be part of that. In fairness to Deputy Carthy, he recognises that as well. This is clearly one where we should opt in. Every time a decision is made whether or not to opt in, it is not done haphazardly; it is done through the exercise of a sovereign decision-making process within the Irish State. We come to the Houses of the Oireachtas, the Government puts forward a proposal to opt in under Protocol 21, Article 3 or Article 4, and the elected representatives of the Irish people have an opportunity to vote on it, and we do so.”
“I thank Deputies Carthy, McGuinness and Kelly for their contributions. Deputies Carthy and McGuinness expressed a concern about the use of Protocol 21 and a concern that this was in some way interfering with Ireland's sovereignty or autonomy. When it came to the Lisbon treaty, we agreed, and we got input into it, Protocol 21. That was for the benefit of Ireland. We wanted to leave outside of the agreement of the Treaty on the Functioning of the European Union issues in the area of justice, legal affairs and police co-operation because we wanted to do our own thing. The reason we included Articles 3 and 4 is that we recognised there would be many occasions when we would want to opt in and be part of the agreements put forward by the European Union.”
“This proposal will promote enhanced police co-operation between Ireland and the UK. Our shared border and ferry transport links mean it is imperative that the competent authorities in both jurisdictions have access to this information-exchange mechanism. In operational and policy terms, it is considered desirable for Ireland to exercise an Article 3 opt-in to these proposals so that we can again supply vehicle registration data to the United Kingdom and receive data in return. I commend this proposal to the House and seek the approval of the motion to participate in this Council decision.”
“His Department is engaging with the Office of Parliamentary Counsel in this regard. The proposed Council decision has a Title V legal basis in the area of police co-operation. Its publication by the Commission on 30 January 2026 therefore triggered the three-month window for Ireland to exercise an opt-in under Article 3 of Protocol 21 annexed to the Lisbon treaty. This window ends on 30 April 2026. Legal advice from the Attorney General has confirmed that a Protocol 21 opt-in is required to satisfy Article 29.4.7° of the Bunreacht na hÉireann and to guard against a risk of legal challenges to criminal proceedings where VRD is utilised in the future. Ireland successfully negotiated additional recital language to better reflect our Protocol 21 rights and our sovereignty in the area of freedom, security and justice.”
“The date will be determined once the Council decision is adopted and the desire from all parties is to see this resumed as soon as possible. Vehicle registration data includes the personal data of drivers, owners and operators of vehicles, and details of those vehicles such as make, model, colour, licence plate and chassis number. In Ireland, these details may be supplied to other participating states from the National Driver and Vehicle File. The relevant national legislation is the Vehicle Registration Data (Automated Searching and Exchange) Act 2018, which designated the Minister for Transport as the national contact point. I understand the Minister, Deputy O’Brien, will amend the 2018 Act by way of statutory instrument to include reference to the trade and co-operation agreement.”
“Under the Prüm decisions, by which Ireland is bound, participating EU member states can search and exchange DNA, fingerprints and vehicle registration data with other member states via automated means for the purpose of preventing and investigating criminal offences. Following the UK's withdrawal from the European Union, the EU-UK Trade and Cooperation Agreement was signed and concluded. It includes provisions on VRD exchange which required the United Kingdom to undergo an evaluation process before the exchange of VRD could be resumed with all member states, including Ireland. This evaluation process has now been successfully concluded. The unilateral declaration presented as an annex to the proposal will determine the date from which member states may resume the supply of vehicle registration data to the United Kingdom.”
“Today I am seeking the approval of Dáil Eireann to opt in to a Commission proposal for a Council decision to allow member states of the European Union to resume the automated searching and matching of vehicle registration data, VRD, to the United Kingdom. This proposal comes within Title V legal basis and as a result it triggers Ireland's right or discretion to opt in under Protocol 21 annexed to the Lisbon treaty. I am seeking the support of the House for an Article 2 opt-in, which must be completed by 30 April of this year. I must emphasise that this is not a new capability.”
“I move: That Dáil Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure: Proposal for a Council Decision on the position to be taken on behalf of the European Union vis-à-vis the United Kingdom of Great Britain and Northern Ireland regarding the determination under Article 540(2) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, of the date from which personal data under Article 537 of that Agreement may be supplied by Member States to the United Kingdom, a copy of which was laid before Dáil Éireann on 27th February, 2026.”
“Maybe I am trespassing on territory that is not my responsibility as a legislator or a member of the Government. The Supreme Court decision in the case of Norris v. Ireland is a decision of the Supreme Court that remains standing. The narrow interpretation of the constitutional right to privacy that was set out in the Norris judgment is an issue of concern to individuals. Obviously, that is not a matter for me to look upon. It is a matter for another arm of government if the circumstances should ever arise. I thank Deputy Ó Snodaigh and the other Deputies who have put forward this Bill. Responsibility is now on me to ensure I can bring the Committee Stage amendments promptly before the Dáil to ensure we can get the scheme up and running as soon as possible.”
“We need to emphasise repeatedly that attacking people or targeting people because of inherent characteristics within their personality, sexuality or make-up is completely unacceptable. In a republic, that type of behaviour is abominable. We must completely re-emphasise that. I thank Deputy Ó Snodaigh for introducing the Bill. The next time we will be discussing this issue in the Dáil will be when I am down in the committee room for Committee Stage of the miscellaneous provisions Bill. I want to try to get that legislation enacted as quickly as possible. I want to see the disregard scheme up and running, so that people are aware of it, can be informed about it and can avail of it. We will then be able to respond to the unfairness of those convictions. I want to make one other point.”
“I thank the Deputies who have contributed to this important topic. It is important again to state that there is agreement across the House that we should introduce a disregard scheme to ensure that the unfairness of these convictions that were imposed upon Irish men in the 20th century can be removed and disregarded. As has been indicated, the disregard scheme is different from a pardon. In effect, it means that there should never have been convictions at all. While I accept what Deputy O'Gorman has said, I am very disappointed and disturbed to hear that Ireland is a more threatening place now in terms of potential attacks on gay people. That is a matter of extreme concern to me. I have heard it from others before.”
“For those who unfairly incurred criminal records as a result it will provide a basis to finally remove this wholly undeserved stain on their good name. I again thank those who moved the legislation. Deputy Ó Snodaigh's question last year prompted a motivation on my part to ensure the legislation could be enacted as quickly as possible. The best vehicle to do that is the miscellaneous provisions Bill. As I have said before, miscellaneous provisions Bills have huge advantages. You can get a lot of provisions into them. Once this provision comes in, it will provide the remedy that is so needed in this area.”
“It will clearly set out the offences in scope and will be comprehensive in setting out the disregard criteria and legal effects, along with the procedures for making, considering and determining applications, and for independent reviews of refused applications, among other essential matters. As mentioned, I will be bringing forward the scheme as an amendment on Committee Stage to the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026. I know I will get the support of Deputies when these amendments come through and obviously Deputies may want to put forward their own further amendments in respect of it on Report Stage or even on Committee Stage when they see the amendments coming through. The establishment of the scheme will serve as recognition of the moral wrong that these laws visited upon so many gay men.”
“They, along with us, will want to ensure that we get legislation on the Statute Book as quickly as possible that can be of benefit to those men who are still alive. Obviously the scheme I am drafting will also apply in a posthumous way and people will be able to apply for disregards in respect of deceased relatives. I am very conscious that those who were unfairly criminalised by these anti-homosexual laws and their loved ones have waited a long time for a scheme by which their convictions can be disregarded. It is clearly a goal that is widely shared in this House. I believe that the legislative scheme I will shortly be bringing forward offers the speediest route to achieving this in a way that is workable, equitable and accessible.”
“That said, and while there is much merit in the objectives of the Bill and I commend the drafters for the fact that it has catalysed and expedited Government action, I am advised by the Office of the Attorney General that it is not currently of a standard to have it enacted as it is and it would clearly need significant work. Notwithstanding the policy and legal issues with the Bill that I have outlined, I want to reiterate my appreciation to Deputy Ó Snodaigh and others for their work in bringing it forward and for helping to further raise awareness of this important matter. I too want to commend Kieran Rose, Karl Hayden and Brian Sheehan for their consistent campaigning in respect of this issue.”
“The definition also fails to take due account of various circumstances that might still render a conviction unsuitable for disregard, such as evidence of payment for the sexual activity or evidence that the activity involved a vulnerable person or took place in the presence of a child. Furthermore, the Bill does not make any provision for case records to be obtained from relevant public bodies to inform assessments and decisions on applications. The Bill does contain some well-considered provisions, including measures to support awareness of and access to the scheme. These include the requirement for a public information campaign and an explicit provision that applicants will not incur a fee when making an application.”
“Even if the scope were restricted to repealed offences, it would be extremely difficult to determine whether a given conviction occurred purely because the conduct at issue happened to be of a homosexual nature. A further issue with the Bill is that it does not clearly or explicitly set out the criteria that are to guide the decision on whether to grant a disregard or an appeal of a refused disregard. While the definition of consensual same-sex sexual activity in section 2 of the Bill appears to be an attempt to set out such criteria, this term is not subsequently used in relation to the consideration of applications.”
“Turning to the Bill under consideration today, its Short Title specifically states that it is for the purpose to provide for a disregard scheme. However, the qualifying offences set out in the Bill include the relevant offences that were repealed in 1993, but also any other offences pursuant to statute or common law where the behaviour constituting the offence consisted of consensual same-sex sexual activity. As worded, this would encompass offences which are still in force and hence are not legally appropriate for inclusion in a disregard scheme. More broadly, it would encompass a wide range of public order, morality and indecency laws under which heterosexuals were also liable to prosecution for inappropriate conduct.”
“The report was subsequently referred to officials in my Department to inform the development of legislative proposals that would align as closely as possible with the report's recommendations, while ensuring that the scheme would be legally sound and as accessible as possible. The number of recommendations in the report and the many procedurally and legally novel aspects of the proposed scheme have necessitated a lot of care being taken in the process of legislative analysis, consultation and drafting. However, as I said earlier, the legislation is now in an advanced stage of development and I intend to very shortly bring it before the Houses by amendment to the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026.”