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.”
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“It is used to identify suspects and dismantle networks involved in terrorism and drug trafficking. In the EU, the use of PNR data for law enforcement is regulated through a directive that was transposed into Irish law by a regulation of 2018. The PNR directive automatically applies to extra-EU flights, that is, flights between EU and non-EU states. Logically too, the directive allows that it can also apply to flights within the EU. However, further legislation is required in Ireland to give effect to this, and Ireland is the only EU member state bound by the directive that does not apply it to intra-EU flights. That is the purpose of it. It had originally been intended to bring the bulk of these provisions into effect by amending the 2018 regulations.”
“It will be possible for such documents to be electronically generated and transmitted between the courts, which will make the system much more efficient. There are also a number of amendments consequential on the amendments I have just outlined. For instance, there are proposed amendments to the Criminal Justice (Perjury and Related Offences) Act 2021. The final set of amendments, making up about two thirds of the pages of the Report Stage amendments, concern the new Part of the Bill in relation to passenger name record, PNR, data. That is the booking information provided by passengers and collected by airlines for commercial purposes. The collection and analysis of such data comprise a vital tool in investigating serious crime and preventing terrorism.”
“The next such amendment is to repeal section 14 of the sex offences Act 2024. That is the one that deals with character evidence. If you want to give a character reference or evidence in respect of somebody convicted of a sexual offence, you have to do it on oath or by affidavit. I am changing that so that it applies not just to sex offences but also to every indictable offence of which a person is convicted. The next amendment is to insert a new Part providing a basis in criminal proceedings for the electronic transmission of documents and for electronic statements of truth. These amendments are modelled on equivalent provisions in civil proceedings in the miscellaneous provisions Act of 2020.”
“I welcome the opportunity to discuss certain Government amendments to the Bill, which I have submitted ahead of Report Stage this afternoon. I look forward to hearing from Members. I am going to be brief in my opening remarks and talk about the substantive amendments. The first substantive amendment is to amend the Misuse of Drugs Act 1984 to provide a statutory basis for the admissibility in proceedings of certificate evidence of the results of applicable drug tests carried out by Garda members. Gardaí have for many years been conducting presumptive drug testing on cannabis and cocaine. These tests are highly accurate. However, some District Courts accept them and others do not because of the absence of a statutory basis. What I am seeking to do here is to give them a statutory basis.”
“The money that CAB generates as a result of the auctions is significant, although obviously it is just a fraction of the money that was spent on these goods. It shows the level of money that is involved in drugs. That is why we need a consistent message in respect of drug gangs, that the State will stand up to them and take them out.”
“The Criminal Assets Bureau has a good record. To go back to Veronica Guerin, her murder inspired the enactment of the proceeds of crime legislation and the establishment of CAB. The bureau has a strong record. Other European countries are interested in the fact that one can have a non-conviction based seizure process. People have assets taken from them which are the proceeds of crime, but it is on the balance of probabilities. We do not need to establish in front of a jury. Strong evidence is put forward by a chief superintendent. I commend CAB on the outstanding work it does. It is seizing a lot of assets. At the end of each year, there is a CAB auction online and one can see the types of products that have been seized, including watches, expensive handbags and clothing.”
“There are lots of people in prison for organised crime and drug dealing. They have been given lengthy sentences. I urge anyone who thinks they can make money easily by allowing their accounts to be used by others to reconsider. They will find themselves before the courts and, potentially, in prison.”
“An Garda Síochána has a good record when it comes to organised crime. I was at an event last Friday to commemorate the 30th anniversary of the murder of Veronica Guerin. If we think about that, in terms of the organised drug gangs in Ireland, many of them have been taken out of action by An Garda Síochána. They went to Spain. They were then chased out of there. They went to the United Arab Emirates and they are being chased out of there. You cannot get away from the consequences of your actions. It is inevitably the case that somebody is going to take over. For as long as there is a demand for drugs, there is going to be a business in drugs. We also need a strong message to go out that people who get involved in serious crime, in terms of organised crime, are going to face serious sentences.”
“On Monday, I signed the Criminal Justice (Money Laundering and Terrorist Financing) (Administrative Sanctions) Regulations 2026 into law, providing the anti-money laundering compliance unit with the power to impose administrative financial sanctions on trust or company service providers for breaches of the Act. The Deputy mentioned the issue of money mules. People need to be aware that if something looks too good to be true, it generally is not true. They need to be really careful and cautious, because they will find themselves before the courts getting a conviction for doing something that is very serious.”
“That is an area that An Garda Síochána is concerned about, that a lot of money laundering is being done by purchasing expensive products. There was the introduction of a ban on cash payments over €10,000 and the extension of anti-money laundering laws to new sectors, including football clubs. My Department's anti-money laundering compliance unit is engaging with the Central Bank on the establishment of the EU anti-money laundering authority, which will be vital to maintaining the stability and transparency of the EU financial system.”
“I thank the Deputy. He asks an opportune question because last week, along with the Tánaiste, I launched Ireland's third national risk assessment on money laundering, terrorist financing and proliferation financing. Risk assessments are key in identifying the risks from money laundering and terrorist financing. There was a report that contains a lot of useful information. One of the things I was trying to do last week, and it is important that we emphasise it again, is that there are many commercial enterprises which are not fulfilling their money laundering obligations. If somebody comes into a shop with €10,000 in cash and they want to buy a handbag, piece of clothing or something like that, it should trigger immediate concern. There are statutory obligations on the part of the shop owner.”
“People repeatedly tell me that online extreme violent pornography is having a distorting impact on young people. I am fearful about how that will develop in the future.”
“Safe homes are very important too and local authorities are providing safe homes, which are places that can be used as safe accommodation for women fleeing violence. Monaghan County Council have promised three safe homes. It is the same with Cavan. There is a need for refuges. If we have more time to have a debate on this, we really need to look at the root causes of these issues as.well. One thing that we will try to do in the Department for the next strategy is to do more research on why certain men get involved in domestic violence. I know people might say that we do not want to spend money on dealing with the perpetrators but we do need to research the perpetrators and find out why certain men are getting involved in violence in a domestic arrangement.”
“The ultimate solution is that the person who is the abuser is the person who should get out of the house as opposed to the woman having to get out of the house and end up in a refuge for lengthy periods. That is legislative measure I am working on too.”
“I thank the Deputy for acknowledging the progress that has been made. I want to ensure that we speed up the process. It is important that we have a good geographic spread of refuges and safe homes throughout the country. It probably will be the case that every county will have one but I am cautious about trying to adopt it as though it is just a county thing. It needs to be spread out in areas where, demographically, refuges are needed. I also repeatedly emphasised, and I am sure that the Deputy will agree, that refuges are short-term solutions to deal with women who have been subjected to domestic violence and need immediate short-term accommodation.”
“It is being put in place in order to strengthen domestic violence supports in the region. I am conscious that we did not have plans a year and a half ago. There are now plans in place for Cavan and Monaghan. Progress has been made in respect of them. I cannot give the Deputy a date but he knows that an interim refuge will open in Monaghan this year.”
“This new refuge facility will include 12 independent units of refuge accommodation, along with essential ancillary services, thereby strengthening domestic violence support in the region. Developments have been progressed with the support of Cuan. An interim refuge with five family units will open in Monaghan this year. Cavan and Monaghan county councils will allocate three units, to deliver three safe homes in each county this year, which will be run by Safe Ireland. All key stakeholders are working together to ensure there is a substantial increase in service across the Cavan-Monaghan region. Safe Ireland is working with the stakeholder group to create a solid infrastructure and a coherent connected response across both counties. An interim refuge with five family units will open in Monaghan this year. It will be run by Safe Ireland.”
“David Maxwell as well. The issue is that there were no plans for Cavan and Monaghan. As Deputy Carthy now knows, the Cavan-Monaghan region is listed as a priority area for refuge development under zero tolerance. The capital assistance scheme, CAS, stage 1 application for a refuge site in Monaghan was approved by the Department of housing last October. Work is ongoing towards submitting a stage 2 application, which will include further detail and costings on the full extent of works that will be required. The CAS process, I regret, takes on average 75 weeks, with construction typically taking 15 to 18 months. Safe Ireland is the lead approved housing body on this development.”
“We only really see things when issues have arisen and there are failings in the system, but there are many successes also.”
“It is a challenging task from the point of view of the Department. I have been to the section of the Department dealing with visa applications, and there are huge numbers of people there; you realise the extent to which each application has to be considered and appraised individually. There is a significant number of applications coming in and they need to be considered individually. I hear what the Deputy has said about Apple. Obviously, we want to ensure people who are here believe and feel they get an effective response from the public service in Ireland. In general, I believe they do. However, one of the consequences and downsides of being a TD is people only ever come to us problems. People who are happy with the systems in operation do not contact us to commend us on the service we provide.”
“I understand the Deputy's concern in respect of the delays, and obviously, this can apply to anyone in the House, but if there are issues with respect to applications they think merit bringing to my attention or that of the Minister of State, Deputy Brophy, they may feel free to do so.”
“That is a concerning period, but people sometimes leave applications until the very last moment and that is not good practice. It will create difficulties for them, so we need to encourage people who are applying for renewals to apply early. As I said, an implementation team has been established jointly between my Department and the Department of enterprise to commence implementation of the single permit model. This is really the solution to the issue, Deputy. The programme is being delivered on a phased basis in the short-term and officials are examining how best to re-engineer processes to remove duplication and scope possible technical solutions. A single approach to how work permits and visas can be processed is also being developed, with changes to include a single payment model.”
“My Department is also leading the development of Ireland’s first whole-of-government migration strategy, which I and Minister of State, Deputy Brophy, are working on intensively, and we hope to publish this strategy later this year. There is progress being made in respect of this. The Ministers of State, Deputies Brophy and Dillon, are centrally involved in it and I hope to be able to provide the Deputy with further progress reports on final timelines in due course.”
“The project is progressing through a phased development and scoping process, with ongoing cross-departmental engagement to support the design and testing of the proposed model prior to wider implementation. A pilot is also currently being scoped out to test the proposed new approach to delivering the single permit directive. Changes introduced in 2024 also mean that spouses and partners of employment permit holders can now take up employment without requiring separate employment authorisation. These initiatives support the long-term sustainability of our economy while recognising the important contribution that legal migrants make to our society.”
“As the Deputy will be aware, the Minister of State, Deputy Brophy, is centrally involved in this. Government approved plans in May 2024 to introduce a single permit for people coming to Ireland to live and work. Currently, employment permits, visas and residency permits are processed separately. This is a significant technical project involving the integration of two IT systems. In the short term, we are streamlining the existing process by removing duplication, aligning online information and introducing a single payment model. These improvements will make the system simpler and more efficient. In recent weeks, the Minister of State, Deputy Brophy, had a very productive meeting with the Minister of State with responsibility for employment, small business and retail, Deputy Alan Dillon, and his officials on this project.”
“Through advocacy by Deputies such as Deputy Moynihan, the message is coming loud and clear to me and I will pass that back to officials in the Department that I want us to try to see the process expedited.”
“A critical skills employment permit holder who applies for a join family visa at the same time as their employment visa typically receives a first instance decision within the ten- to 12-week business target. For stand-alone join family applications and those linked to general employment permits, the current business target for a first instance decision is 12 months. I know they can be frustrating. I assure anyone who has made an application for a join family visa that my Department is doing everything possible to progress these as quickly as possible. It is not an issue of resourcing within the Department. There are a lot of staff in the Department of justice working on this but it requires a lot of information to be procured, to be examined and to be assessed before a decision is made in respect of it.”
“Last year, I and the Minister of State, Deputy Brophy, introduced a new non-EEA family reunification policy. It sets out the rules that apply in respect of it. Every country in the world has a regulated system in respect of family reunification. It has to involve a system where there are rules in place. If you fit within the rules and you have the resources to bring family members over, it is permissible. Part of the reason, I suppose, is that there are so many visa applications being received in the Department of justice. For instance, last year we received over 206,000 visa applications. That was an increase on the previous year as well. There are a lot of join family visas issued as well. In 2025, there were 14,599 join family visas. That was down on 2024. It was 17,000 that year. They have to be probed carefully.”
“People who make join family visa applications separately, will generally receive a first instance decision within the 12 month business target. In December 2025, the immigration service of my Department introduced online payment functionality to my Department's online visa system. This allows applicants to pay visa fees as part of the online application process. The initiative is being rolled out on a phased basis and is currently live in 40 countries.”
“Some applications can take longer, depending on the circumstances. Processing times are influenced by a number of factors, including the complexity of the application, the volume of applications received, and the quality and completeness of the information provided. It is important to recall these applications are screening processes. They require careful probing in order to establish that the person has a legitimate reason to come to Ireland prior to travel. A critical skills employment permit holder, as I say, can apply for a join family visa at the same time as their employment visa. These applications can then be processed together and typically receive a first instance decision within the ten-to-12 week business target.”
“As the Deputy will be aware, Deputy Brophy has ministerial responsibility for this, but he and I have a close and shared view in respect of this issue. Obviously, we both fully recognise that so-called join family visa applications are very important for the people involved. I understand that people are eager to have their families join them in Ireland and I can appreciate why Deputy Moynihan, as a hard-working Deputy, or, indeed, any other Deputy in the House, is asked frequently by persons who have such occupations as to when they will be provided. My Department operates seven overseas visa offices, as well as the visa office in Dublin. Processing times for these join family applications can take time. They can vary between visa offices. Most visa applications receive a decision within our published target times.”
“The Deputy can always come to me and raise the issue. I will certainly insist that there is engagement on it before any decision is made.”
“They did cost the State a lot of money. They are a valuable resource that we own and we want to see them used effectively. The Deputy talks about Clonmel. There are 82 units in Clonmel accommodating potentially up to 328 people, but there are ten other sites around the country as well, some of which are even bigger than that in Clonmel. We need to have a plan for what we will use this valuable resource for. They have a good lifespan. They are something that will be of great benefit, I would have thought, to local authorities or, indeed, the Department of housing for the purpose of providing accommodation for those who are in need of accommodation because they clearly are very suitable as medium-to-long-term accommodation units. I will certainly keep in close touch with the Deputy in respect of the matter.”
“Certainly, I believe there should be, and I want to see, consultation with the community before any decisions are made by officials within Government Departments.”
“I think that has to happen. These have got the support of the Deputy, other local representatives and the community. There needs to be engagement, and that engagement needs to continue. There are also units that can be used. As I said, they could be used for social housing or other purposes. Obviously, we will also take into consideration any suggestions the Deputy or other local representatives have in respect of them. There is uncertainty at present because of the ongoing temporary protection directive. It looks like it will be extended; it may be extended on terms, but it looks like it is going to be extended beyond March 2027. I do think, and I agree with the Deputy, that there needs to be a plan as to what we are going to use these very valuable and useful units for.”
“To meet the conditions of the scheme, they can apply to the new temporary protection transitional scheme. I do not know if they will come within that, but that is an option for them. To date, full occupancy has been maintained with over 90 units relocated since the sites were first occupied. We have not reached a final decision on what will happen after March.”
“It is still being drafted and is not yet available. To determine the long-term strategy for the sites post temporary protection, we are starting a process of consulting stakeholders. That started back in March 2025 and is chaired by officials from my Department, including people from the OPW and the Department of housing. In tandem with the consideration of the feasibility of potential future uses, this work involves exploring planning regularisation at each site. There has been no final decision made yet on long-term future use as discussions are ongoing. We will explore all potential options within the local areas. These options include social housing and lower-cost affordable housing, such as cost rental. Obviously, the residents there will not be required to vacate this accommodation until March 2027.”
“I thank the Deputy for his question. He is referring to developments in Clonmel. The Deputy has spoken to me before about that. I know it is an issue of concern to him. The rapid build modular units, including those in Clonmel, were built to accommodate beneficiaries of temporary protection fleeing the war in Ukraine. In total, we have 654 units across 11 locations across the country, accommodating 2,640 people in family units of four with children. The long-term use of these units has always been an important aim of the rapid build project. These homes are durable units with an expected 60-year lifespan and are highly energy efficient. They were all developed in an environmentally friendly way. The Office of Public Works, OPW, is undertaking a post-project completion report to which my Department has contributed.”
“I do not mean this facetiously, but there is a captive audience when somebody is in prison. We can try to work on them in the hope that they will not gain access to drugs while in prison. There is a lot of good work being done in keeping drugs out of prisons.”
“There are a lot of services there providing assessments and care planning, evidence-based interventions, including support for opioid substitution treatment, detoxification and overdose prevention and helping people to access community services on release to reduce relapse and reoffending. There is a good amount of work being done within the Prison Service. There is obviously more that needs to be done. I fully appreciate that. Merchants Quay Ireland is doing a very good job. There is a real challenge in the prisons in terms of trying to deal with people's addiction. I would love to see more resources available to ensure that people can be weaned off addictive substances while they are in prison. The truth of the matter is that there is an opportunity. We do have to use it.”
“As I said, the role of addiction nurses has now been superseded by the prison primary care team and supporting agencies. The Irish Prison Service actively reviews the need for addiction nurses. However, there are no plans in the short term to recruit dedicated addiction nurses.”
“I have been to 12 of our 13 prisons. I am aware, having spoken to prisoners, prison officers and prison management, of the issues of addiction in prison. However, I also want the Deputy to be aware that there are some success stories as well. There is a lot of good work being done in the prisons in training and getting people off addictive substances. There is success there. The real difficulty is with people who are in for short terms. Even if they get a certain amount of recovery in prison, when they get out they get back on to the appalling vista of addiction. There were six addiction nurses employed by the Prison Service in 2006. However, they had all either left the service or moved into general prison nursing posts by 2016.”
“As I said, the Prison Service has not employed addiction nurses per se since the mid-2010s. The historic approach of having a narrow and focused resource has been superseded by the prison primary care team and supporting agencies.”
“In addition, Merchants Quay Ireland has recently introduced six project workers and two prison recovery educators. To support rehabilitation, reduce reoffending and facilitate successful reintegration into society, people in custody have access to a broad range of clinical and rehabilitative interventions. These include opioid substitution treatment, counselling, harm reduction initiatives, peer-support programmes and psycho-educational services delivered through prison education units and the prison television channel. Merchants Quay Ireland also delivers the national treatment and rehabilitation programme, which is based in the medication unit at Mountjoy Prison. The Irish Prison Service also works closely with Alcoholics Anonymous and Narcotics Anonymous, which provide ongoing support across the prison estate.”
“We have not hired people known as addiction nurses since the mid-2010s. I do not want the Deputy to think - I know he does not think this - that because of that, there are no services. There was a change in how we deal with addressing the addiction needs of people in custody. To use a word that is sometimes overused, the Prison Service adopts a multidisciplinary approach to it. This includes nurses, general practitioners and psychologists, supported by in-reach mental health services and addiction counselling services delivered by Merchants Quay Ireland. Merchants Quay Ireland plays a huge role in the context of the role the addiction nurses used to play. It currently provides 19 addiction counsellors, with one vacancy in Cork Prison.”
“We also need a societal response to it that says it is socially unacceptable, as well as unlawful, for people to be on scramblers in public areas because they are endangering their own community.”
“I agree with the Deputy. There needs to be enforcement and there is more enforcement. That is why we are seeing more scramblers and e-bikes seized. There needs to be more of that. People need to be aware that if they are using a scrambler on a public road or in a public park, it will be seized. That is the great advantage of Grace's Law. If gardaí see someone in a public place on a scrambler, they know they can seize the bike because it is unlawful activity. I am constantly talking to the Commissioner in respect of this. He is very strong on ensuring we do not permit communities to be terrorised by young people on scramblers. Those bikes need to be seized. We also need to strengthen our legislation. The word is getting out there, though I have no doubt it is still happening, that enforcement is up.”
“I agree with the Deputy. This requires a multifaceted response. It requires a policing, criminal justice and youth diversion response to ensure we get kids and teenagers away from scramblers and involvement in criminal activity and divert them towards sport or something that is positive for them. Last Friday, I was in East Wall in Deputy Gannon's constituency to see a place where there is a proper scrambler course. That is where they should be used, rather than on the roads or other public places. The message is getting through but the most important thing is strong Garda enforcement, so people who are in public places on scramblers have their bikes seized and retained. I hear what the Deputy said about importers as well. That is something that needs to be looked at.”
“The provision included there is that a police officer will only be liable for the offence of dangerous driving if "the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training". It is something the Minister, Deputy O'Brien, and I are looking at.”
“Drones would be a great mechanism to identify where somebody on a scrambler is going. There may be occasions when it is appropriate for gardaí to start off in pursuit but if something goes wrong and an innocent bystander is injured, very serious questions will be raised about why that happened. I agree with the Deputy on the proposed changes to legislation. As a brief entry into it, I remind him, though I am sure he knows, that in the UK, under the Police, Crime, Sentencing and Courts Act 2022, there is a separate protection for police officers when it comes to dangerous and careless driving.”