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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“What Senator McDowell proposes is that such an identification order would only arise where there is a claim by the applicant in any defamation proceedings against an anonymous publisher that the statement is seriously defamatory. I have defined it as a statement that is defamatory and Senator McDowell wants to change this to it being seriously defamatory. As I stated previously, my concern with the introduction of a serious harm test is that, rather than making the system more efficient, it would result in it becoming more protracted and more costly. If we are going to have a situation where a Circuit Court judge on an interlocutory basis or, I suppose, a preliminary application basis has to determine whether the defamation is serious, it will add a different level of test.”
“The point being made is that if it was the case the statutory provision was going to be extended to the High Court, it would only apply in respect of defamation actions. There are still many Norwich Pharmacal orders that apply in the High Court which are not in respect of defamation actions. In a way, we would have too many parallel jurisdictions if I extended the statutory power to the High Court. Regrettably, therefore, I do not propose to accept Senator McDowell's amendment No. 20. Senator McDowell's next amendment is amendment No. 21. This is in respect of subsection (3)(b). It replicates a previous amendment proposed in respect of the Bill by Senator McDowell, which was that we would have to have a serious defamation test.”
“Consideration was also given to providing statutory jurisdiction to the High Court, as has been suggested by Senator McDowell, but it was felt this would be unnecessary given the High Court's existing powers in that it has this power already. Further, it was felt that confusion might arise if the High Court had two jurisdictions for carrying out the same function, one equitable and one statutory, and that this could add to the complexity of applications for such orders. It would also create a situation where distinction was drawn in the High Court between cases seeking an identification order based on whether they concerned a defamatory statement or any other category of wrongdoing.”
“What I did not want to do was find myself in a situation where there was going to be a statutory power in the High Court provided for in the legislation and, at the same time, there would also be a common law power to make orders pursuant to Norwich Pharmacal. It is important to point out that section 45 has no impact on the existing powers of the High Court to grant identification orders by way of Norwich Pharmacal orders. It is an equitable remedy and its application is not limited to cases of alleged defamation. It will still be possible for parties to seek an identification order in the High Court should they wish to do so.”
“There is a difference between what is practically achievable where there is a newspaper or broadcaster making a conscious decision to publish information and an Internet service provider that probably has very little immediate control over what is put up there. I will now deal with the amendments tabled by Senator McDowell. Amendment No. 20 seeks to amend what would be the new section 45 by stating there will be jurisdiction not only in the Circuit Court but also in the High Court. My response to this is that it is important to note the common law power that exists in the High Court to make Norwich Pharmacal orders will continue. This will remain in the High Court.”
“A decision of one of the superior courts in the UK referred to it as being like writing or graffiti on a wall. If I own a wall, or if there is a wall on my house, and it says on it that Senator X is corrupt, if this is brought to my attention and I leave it up there and do not take any steps to remove it, even if I did not write it, I can then become liable in terms of the publication of it. It is important to make this statement in respect of the different laws that apply in respect of the liability of Internet service providers and the liability that applies in respect of the traditional media. I am fully aware that many in the traditional media may think it is unfair that Internet service providers have this defence that they are mere conduits but it is the law.”
“Many people may object to this and say it is wrong but this is what the law is. It is law that has been transposed, and will need to be transposed, on the basis of the Digital Services Act. This is the way it applies. However, if somebody is defamed online, a serious defamation is put up, the individual defamed contacts the Internet service provider, tells it they are being defamed and puts it on notice they are being defamed, it may be the case there will be a liability on the Internet service provider because it has been informed and it has been advised of the fact the information is false. This, however, is the only circumstance in which an Internet service provider is going to be held liable for defamation. There were previous examples in the UK where this was invoked.”
“The reason for this is because of the e-commerce directive and the more recent Digital Services Act. The latter piece of legislation, which is an EU regulation, has a section that deals with the liability of providers of intermediary services. This is how online service providers are described in the legislation. In effect, they are designated in the Digital Services Act as being what is referred to as mere conduits. They are people who are designated in law as merely passing on information. This is provided for in Article 4 of the Digital Services Act. Similarly, there is also a reference to them hosting information that is put online by individuals who are the immediate publishers of it. There is a significant difference between the liability of Internet service providers and a traditional media provider.”
“The reason for that is because in law the newspaper or broadcaster is held liable for publications that they make in their newspaper or which happen through their broadcasting mechanism. If somebody says something in a newspaper – this of course is separate to any statutory defences that are available – a newspaper can be held liable. If a newspaper article publishes something false about an individual, the individual can sue the newspaper. The law in respect of online Internet service providers is different. It may be the case that Senators and other individuals in Irish politics and elsewhere believe the law should not be different but I have to deal with what the law is. The law is different in a material respect if somebody is defamed online.”
“If, as is more common, an individual is defamed through what we would refer to as the traditional media, there is a mechanism available to the person who is the subject of the defamation to bring a claim against the traditional media provider, whether a newspaper or broadcaster. It is also worth pointing out that if somebody is quoted in a newspaper or something is broadcast by a broadcaster making defamatory comments about another individual, it is open to the individual so defamed to institute proceedings against the traditional media provider and the individual who made the defamatory comment. There may be consequences for the person initiating the claim under the Civil Liability Act if they do not sue both. In most instances, however, if an individual is defined by a newspaper or broadcaster, they sue the broadcaster or newspaper.”
“The benefits of pursuing such an application in the Circuit Court are, in the first instance, that it will be cheaper. Second, it should be faster because the Circuit Court operates issues on a more speedy basis. Last week, a number of Senators made some very interesting points about online defamation. If I may, I will briefly respond to them. It is important for the purposes of understanding this issue that we are aware of the differences between online defamation and how it can be pursued and defamation through the more orthodox mechanisms. Obviously, if an individual defames another individual and that is done in the public sphere and the person is identifiable, one can institute proceedings against that individual for defamation.”
“At present, the procedure that operates is that if I am defamed on social media and it is defamation through what we would refer to as an anonymous or unidentified account, in order for me to do anything about it I have to bring an application to the High Court to seek an order from the Internet service provider so that it will provide me with details as to the identity of the individual behind the particular publication. Once I get that information, by way of going to the court, I can then institute proceedings for defamation against the now identified publisher. It is a procedure that operates in the High Court. In this provision in section 22 I have sought to ensure that within the Act, there will now be a simpler, and obviously cheaper, statutory mechanism available that can be pursued in the Circuit Court.”
“It is my view that section 22, which we are discussing at present, is probably the most consequential and important provision in the Bill. The reason I say that is because it is predominantly the case at present that people in Ireland who are defamed are defamed on an online basis. They find themselves being subject to very serious defamatory publications that are made in circumstances where the identity of the publisher is unknown. Therefore, it is important that, as an Oireachtas, we try to put in place a statutory mechanism that enables a person who is the victim of such a defamation to be able to identify who it is that is the publisher that has made defamatory stations statements about the person concerned.”
“It is predominantly used to accommodate people who have been granted temporary protection and individuals whom, if they are not accommodated pursuant to the ARP, the State will probably have to look at some other mechanism of accommodation.”
“It was a necessary measure for the purpose of providing accommodation to the large number of people from Ukraine who came here. The Deputy said the Minister of State, Deputy Brophy, and I have not done anything but we have. We reduced it from €800 to €600. I would have thought it is clearly the case we are gradually trying to introduce further measures in respect of it. We are bringing forward legislation to ensure it cannot be used in respect of rental properties so that the issues about which the Deputy and I are concerned will not apply. It is wrong to suggest it is having a completely distorting impact on the rental sector.”
“We also need to recognise, when you look at the number of people accommodated under the ARP - at present, it is about 41,500 - if it fell apart, if it was taken away and if there was no ARP, where would those people be accommodated? The Minister of State, Deputy Brophy, and I are trying to insist that if people with temporary protection are working, they have to pay for their own accommodation. There are people who will still need to be provided with State accommodation. This is probably the cheapest mechanism available at present.”
“I disagree that it was blatantly obvious at the time it was introduced that it was going to have an impact on the private rental sector. We are not even sure at present that it is having an impact. There may be issues in respect of it. It is hard to definitively establish that. We are ensuring it will not be able to affect the private rental sector because we are going to limit eligibility for the ARP to properties that are not rental properties. That will ensure it will not have any distorting impact on the private rental sector. We also reduced the fee from €800 to €600 per month in respect of individuals giving goodwill accommodation.”
“I can, however, confirm that the Government agreed to a proposal brought jointly by the Minister for housing and me for the governing legislation to be amended to limit eligibility for the ARP to properties that are not rental properties. I think that will meet the Deputy's concerns. I am pleased to inform the Deputy that drafting of the necessary legislative amendments to give effect to the decision is well advanced. The proposal follows the measure implemented earlier this year where we reduced the ARP from €800 to €600.”
“Indeed, it is not payable where there is a rental agreement in place between the host and the guest. According to research from the Irish Red Cross, the vast majority of hosts who avail of the ARP were never and have no future plans to be landlords. I am aware of concerns about the impact of the scheme on the private rental market. Analysis carried out by the RTB for my colleague, the Minister for housing, suggests that some landlords could be diverting accommodation from the private rental sector to benefit from the ARP. It is difficult to reach definitive conclusions on the matter given wider issues impacting housing supply.”
“As the Deputy will be aware, this year we changed the payment under the accommodation recognition payment, ARP, from €800 per month to €600 per month. I know there were concerns about that change as to what impact it would have on those individuals being accommodated. I am pleased to say it has not had, in our opinion, a significantly detrimental impact and has not led to very many people who were being accommodated pursuant to that payment losing their accommodation. The accommodation recognition payment was a useful measure. It was a goodwill payment to recognise the contribution of hosts who opened up their homes to temporary protection beneficiaries from Ukraine. Some 41,500 people are being accommodated in over 23,000 hosted accommodations supported by this scheme. The ARP is not intended to be a substitute for rent.”
“It can be difficult for State bodies or State-funded bodies to engage with perpetrators. It is extremely important that we continue to do that because we will not be able to confront this issue without doing so.”
“I should have pointed out that the refuge I visited on Monday was in Clonmel. I was extremely impressed by the service provided and the commitment of the staff. I was also at another event this week which is relevant to the discussion we are having about domestic violence. That was the launch of a report by an organised called Men Overcoming Violence, MOVE. We are never going to be really able to resolve or properly confront the scourge of domestic violence unless we engage with and try to give counselling and an avenue out of it for men involved in committing violence. MOVE produced a useful report and gave an insight into the motivating factors that led men to perpetrate violence against their intimate partners. In many instances, it was insecurities, fear of losing the partner and substance abuse.”
“It is also important to point out, however, that we cannot have it as the automatic response that when there is domestic violence, the women has to leave the home. We need to look at barring orders as well. There will be an immediate requirement for emergency accommodation but the solution should be that the abuser leaves the home and the victim gets back into her home.”
“I thank Deputy Kerrane for her question. No doubt there will be an element of flexibility in respect of considering locations for refuges. It is essential that we have refuges spread geographically throughout the country. What I want to see is not necessarily a refuge in every county, because in some counties you may need two because of the size of them, but locations that are close to where people are and are equidistant from each other so that where there are higher population levels people will know that there is a refuge available. I have visited many refuges since I have become Minister. I visited a refuge last week and I was impressed with what was going on and the level of commitment there.”
“Safe home accommodation was developed in the county with two safe homes being operational in July 2025 and Roscommon Safe Link received additional funding from Cuan for the development and delivery of these safe homes.”
“On foot of this review, completed in spring 2025, the following will be delivered: 52 new family refuge units by the end of 2026; 45 new safe homes by the end of 2026; and 50 new units will be under construction by the end of 2026. Cuan has a total budget of nearly €67 million to respond to that. In the Deputy's area, plans are under way to develop an eight-unit purpose-built refuge in County Roscommon. Cuan has established a local stakeholder group to lead and support the development of domestic violence accommodation. This group includes representation from Roscommon Safe Link, Roscommon County Council, Cuan and other important agencies. Site feasibility is being completed on a potential site.”
“It is an essential part of the Government strategy in respect of responding to domestic violence that we have in place appropriate refuges and safe houses throughout the country. Under the third national domestic, sexual and gender-based violence strategy, this Government has committed to doubling domestic violence safe accommodation capacity to 282 units by the end of next year. Cuan, the statutory body that has responsibility under my guidance for this, has been working to accelerate the delivery of safe accommodation across the country. Following a request from me, Cuan worked with services and partners to assess and review progress and identify a series of actions to accelerate delivery and to bring safe accommodation on stream as quickly as possible to meet the needs of those fleeing violence.”
“I was encouraged by the fact that my predecessor, the Minister, Deputy McEntee, launched an information campaign in December 2021 with the Union of Students in Ireland to raise awareness of the signs of drink spiking and to give guidance on how to help a potential victim. I think the Deputy will agree that this is a particular concern for young people, particularly students, when they are out socialising and having a good time. The Deputy is correct that it is a particularly egregious and nasty form of criminal act that seeks to make a person even more vulnerable than they may be on a particular occasion.”
“I will raise with my colleague, the Minister, Deputy Carroll MacNeill, the protocols that are or could be put in place if someone presents at an emergency department who believes their drink may have been spiked or they may have been spiked. It is obviously important, if that occurred, for the purpose of the investigation that samples are taken so that proof can be provided that the spiking did, in fact, occur. It can be difficult for an individual, if it is left for a lengthy period of time, to prove that the spiking occurred when it did, and obviously the corresponding offence occurred when it did immediately after the spiking.”
“Gardaí will refer you to the appropriate hospital if they do not have the facilities to take the toxicology test, which is the case in many instances. It is important there is co-operation from hospitals and I believe that co-operation is present.”
“I agree with the Deputy. This is an extremely serious offence. It is an offence that is targeted predominately against women so that other serious sexual offences can be perpetrated against them. Gardaí inform me that incidents of spiking are more commonly reported alongside other primary offences. I also regret to say that it appears that the number of incidents of spiking is significant. I am informed by the Garda that of the 60 reported incidents in 2024, 28 were drink spiking, a needle was used in ten and the method was unknown in 22. There were fewer than ten prosecutions initiated relating to fewer than five of those incidents reported during the 2022 to 2024 period. If you believe you are a victim, obviously report it to the Garda.”
“On the measures in place to ensure timely Garda statements and preservation of evidence where a victim is incapacitated, I am informed that on receipt of a report of any crime, gardaí are duty bound to gather and seize evidence at a crime scene. It is also extremely important that we procure the evidence promptly. If somebody believes they have been spiked, it is important for them to report it to the Garda in order that a toxicology report can be obtained to ensure the crime can be prosecuted.”
“Depending on the nature of the substance that is administered, it may be possible to charge a perpetrator with endangerment under section 13 of the Non-Fatal Offences against the Person Act 1997, which provides that it is an offence to intentionally or recklessly engage in conduct which creates a substantial risk of death or serious harm to another. The offence of endangerment carries a maximum penalty of seven years' imprisonment. I know that An Garda Síochána takes all reports of spiking seriously and thoroughly investigates such reports to determine the exact nature of each incident, including results of toxicology reports in each case. I know Deputy Cahill will join me in advising all victims of these incidents or any form of spiking to come forward and report them to the local Garda.”
“I thank Deputy Cahill for his very important question. As he will be aware, spiking is a crime that preys on vulnerability, undermines consent and can have devastating consequences for victims. I want him to know that as Minister, I am committed to the Government's zero-tolerance approach when it comes to all forms of domestic, sexual and gender-based violence. Regrettably, it is the case that spiking incidents are generally accompanied by sexual offences as well. The programme for Government includes a commitment to introduce stronger laws to combat the spiking of drinks. Spiking a person’s drink or spiking someone by injection, which can happen as well, are, in effect, poisoning and are criminal offences under the Non-Fatal Offences Against the Person Act 1997 that can result in a term of imprisonment.”
“Gabhaim buíochas leis an Teachta as an gceist. Tá an ceart aige. Tá a lán Gaeilgeoirí sa Gharda Síochána. Beidh mé ag dul go dtí Dún na nGall inniu agus beidh mé ann amárach. Níl aon dabht ach go mbeidh mé ag labhairt Gaeilge leis na gardaí i dTír Chonaill. Tá scéim sa Gharda Síochána. Táimid ag lorg Gaeilgeoirí. Chuaigh mé go dtí Contae na Mí cúpla seachtain ó shin agus bhí mé ag labhairt Gaeilge le go leor gardaí. Tháinig siad isteach sa Gharda Síochána tríd an scéim Ghaeilge. Tá súil agam go mbeidh níos mó gardaí le Gaeilge ag teacht isteach sa Gharda Síochána. Tá sé ceart gardaí atá ábalta Gaeilge a labhairt a fháil mar tá a lán daoine inár dtír ag labhairt Gaeilge. Níl a fhios agam cén fáth nach mbeidís siad ábalta labhairt Gaeilge leis na póilíní freisin.”
“It is a fantastic attribute that we have attracted so many people from diverse backgrounds into An Garda Síochána. I hope to see that continue.”
“I am being told by the Garda it could put 1,000 people a year through Templemore, which is an extremely encouraging number. It can take up to 225, perhaps more, in each intake. When an intake is approaching, a huge amount of effort is put in by Garda HR to try to process applications faster. I am pleased there is a very efficient processing within An Garda Síochána now. Previously I had heard complaint about people having to wait a considerable time to get a response but now we are emphasising the urgency of this valuable human resource. On looking to recruit people from various backgrounds, it is essential the police force reflects the society it serves. That means we need to go to the new Irish communities, people who may not have born here or whose parents may not have been, and encourage them to become part of the Irish police force.”
“It is a great credit to the organisation so many members of the public want to see members in their community, but the only way we are going to be able to continue doing that is by encouraging people to join. I am pleased the recruitment campaigns this year have resulted in expressions of interest from over 11,000 people.”
“If I can get 200 or more new recruits going into Templemore for each training period, that will have a huge impact on the numbers coming out. We can see the advantage when large numbers come out of Templemore. The Commissioner decides where new recruits go but in Dublin we have been able to see increased Garda visibility in the city centre. In Cork we have been able to see increased Garda visibility in the city. The Commissioner shares my view we want to see that visibility and that Garda presence apparent throughout the whole country and not just in our cities, towns and villages, but we also need a mechanism to make gardaí more visible in rural areas. That is what the public want. They want to see more of An Garda Síochána.”
“I thank the Deputy for his question. One of the great privileges of being Minister for justice is to attend passing out ceremonies in Templemore. I have been to four already this year. They are wonderful occasions for the new Garda recruits and their families. One thing that stands out for me is that the numbers are increasing each time I go to each passing out. At the recent one I was at with the Taoiseach, 194 new Garda recruits passed out. On the Deputy's question, overall 794 trainees entered the Garda College this year. This is the highest number since 2018. Recruitment into the Garda is gathering momentum. I was delighted to see not only the 194 new recruits coming out but also 223 enter Templemore the following Monday. That is the largest single intake in over a decade. This was the second intake of 200 or more this year.”
“When it comes to international protection and the enactment of the new international protection Bill, obviously there is a requirement within that, that we are going to provide legal counsel to individuals who are seeking assistance in respect of the international protection process. I will have to fund that. That funding will have to be made available. That will happen immediately, as of 12 June next year. I am committed to changing the financial eligibility rules. However, I am not going to give a date here when I do not have certainty that it will be complied with by that date.”
“In terms of international protection, Deputy Carthy is right about that. A significant number of people are seeking legal aid from the Legal Aid Board in respect of international protection. In fact, 11,689 applicants sought legal aid services in relation to international protection last year, which was an increase from nearly 10,000 the year before. That is hugely demanding for the Legal Aid Board. I am increasing the funding to the Legal Aid Board. The current budget allocation for the board for 2026 is €72 million, which is made up of €36.5 million for the pay budget and €35.6 million for the non-pay budget.”
“The budget allocation for FLAC for 2026 increased significantly from €500,000 to €750,000. The increased funding will allow them to prioritise callers and assist people who are seeking legal aid and legal assistance. Work is, therefore, being done. I am not going to just give a timeline but I have instructed officials in my Department that I want to see the recommendations set out in Frank Clarke's report implemented in respect of financial eligibility.”
“It is important that I got the report, read it and published it and that we tried to consider how we could implement it. I regret to say that it cannot happen overnight. The Deputy might think that can happen in government, that a Minister can say, "I am going to do this" and that it happens. It is important to announce what one's policy objective is, however. It is important for me to say that I want to see the recommendations in respect of the financial eligibility set out in the majority report implemented. It is also important to emphasise that funding for legal aid and legal advice has increased significantly in recent years. In budget 2021, my Department's allocation to the free legal advice centres, FLAC, trebled from €98,000 to €294,000. It is important that I made an announcement this year which was followed up with actual money.”
“It favoured an increase in the available income threshold from €18,000 to €23,500 as soon as possible. I want to see that achieved. I have instructed officials in my Department that I want to see it achieved. However, I have to inform the Deputy that I cannot just do that by the stroke of a pen. Once I do that, the demand for services is going to increase quite significantly. I need to ensure that I have the lawyers available to provide the increase in services. It is an important question and progress is being made on it.”
“Since the overall available income eligibility threshold is influenced by the level of deductible allowances any changes must be considered in the round and the potential implications that such changes might have on the operation of the scheme. While the review highlights the need for comprehensive legal aid reform it also recognises that the current legal aid system must function effectively in the meantime. A critical aspect of any implementation will, therefore, be careful sequencing of reforms. However, I want the Deputy to know that in my Department, officials are considering the reports and are putting together proposals that will come to me for the purpose of implementing the recommendations. The Deputy is correct in noting that the review group recognised that immediate action is required on the financial eligibility thresholds.”
“As the Deputy knows, the Legal Aid Board is the statutory body responsible for the provision of civil legal aid and advice to qualifying individuals. There are two parts to it, one is legal advice while the other is legal representation. Eligibility for the scheme is determined by reference to a financial assessment. The Legal Aid Board provides enormous assistance, particularly in the area of family law and, indeed, going back to what we were talking about earlier, international protection. The Deputy is correct in that the former Chief Justice, Mr. Justice Frank Clarke, was asked in June 2022 to conduct a review. Two reports actually were published in July 2025 which contained recommendations relating to the income threshold allowances and other financial aspects of the scheme.”
“As the Deputy said, approximately 700 autopsies are conducted in University Hospital Waterford every year. The local pathologist services with which the Department is engaging will be contracted to provide a service from pathologists not already providing services in Ireland. In practice, this will be from the UK.”
“I thank the Deputy. I will give the statistics in respect of University Hospital Waterford. There are nine sanctioned consultant pathology posts of which eight are currently filled with one vacancy to be filled next year. Two posts were filled earlier this year and these appointments have not been made on the basis of the autopsy element being excluded. The remaining six pathologists have provided the autopsy service with three taking on the bulk of the workload. All six have confirmed that they will withdraw the service from 1 January. This is happening because consultants are withdrawing from a service. We need to look again at the contracts of individuals we are hiring as pathologists, so that there is a requirement that they perform post mortems and autopsies.”
“Depending on the circumstance of the death, a post mortem examination is carried out by a pathologist or, in State forensic cases, by the Office of the State Pathologist. I am in the process of seeking to review the law in respect of coroners. We need to examine the circumstances of when we order a post mortem. A post mortem is not needed in all the situations that we have them at present, particularly for elderly people, but that level of reform will not be in place by 1 January. I am concerned about what the Deputy has narrated as to the circumstances in University Hospital Waterford.”