Niall Collins
Limerick County · Fianna Fáil · Ireland
“We believe that EU membership is about being aware of the advantages of membership and making sure these are understood by the public. We want to encourage the Irish public to participate in that national conversation.”
“On behalf of the Minister for Transport, I thank the Deputies for raising these important issues. On 1 April, the Road Traffic Control of Certain Vehicles Regulations 2026, known as Grace's law in memory of Grace Lynch, were signed into law.”
“The Department of Transport is examining the issue of mandating the use of protective equipment for e-scooters and e-bikes along with other road safety-focused measures. Proposals in this regard are under consideration by the Ministers. The Department is also considering the matter of registration for e-scooters.”
“The strategy, A Career for EU, aims to improve Irish participation and success rates in EU recruitment processes for institutions such as the European Commission, the European Parliament and over 50 EU agencies.”
“They already benefit from significant Exchequer-funded rent supports through the housing assistance payment or rental accommodation scheme and, critically, must comply fully with the housing standards for rental houses regulations.”
“The timetable for implementation of all new and enhanced services is subject to funding, operational readiness and capacity. The public transport sector is currently experiencing a significant workforce shortage, particularly among drivers and mechanics.”
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“The aim of Operation Saul, for example, is to provide a safe environment for commuters utilising all public transport services in the Dublin metropolitan region. This operation can reassure citizens, visitors and the business community that Dublin is a safe place in which to visit, socialise and conduct business. In 2024, 683 arrests and 1,339 charges or summonses were effected under this operation.”
“Responsibility for safety primarily rests with public transport companies, working closely with An Garda Síochána where appropriate. An Garda Síochána has tools to respond to antisocial behaviour on public transport. Garda management works closely with operators such as the NTA, Irish Rail, including DART and InterCity, and Transdev Ireland, which operates the Luas, thereby maintaining a high-visibility and co-ordinated policing presence. An Garda Síochána is actively working to address issues on public transport, including through dedicated operations such as Operation Twin Tracks and Operation Saul. A range of regional and local operations have been put in place by gardaí to prevent and detect criminal activity on public transport.”
“The programme for Government commits to creating a transport security force. While this is a priority, responsibility for its establishment lies with the Department of Transport and the National Transport Authority. On 18 June, the Minister, Deputy O'Callaghan, met with the Minister for Transport to discuss the proposed transport security force. The Department of Transport is developing the necessary legislative proposals but the model remains under consideration and the process is at an early stage. New legislation is required, which takes time to develop and implement. I assure the Deputy that ensuring the safety of public transport passengers and staff remains a key priority while this work is ongoing. Antisocial behaviour affects many areas, including public transport.”
“I thank the Deputy for that. He has a particular interest as regards Cork. We have seen an increase in funding since 2022 and, specifically, an overall increase in funding for the Cork youth diversion projects in the order of €1.8 million. I have here a statement in tabular format detailing the increase in funding which I will have our officials forward on to the Deputy afterwards. He is right, and that increase in funding should and does alleviate the types of issues he has raised in terms of numeracy and literacy.”
“Research tells us that young adults, not unlike adolescents, can be particularly vulnerable to peer pressure and difficult personal, social or economic factors, including substance misuse and the impact of childhood trauma.”
“I am grateful for the Deputy's insight and his sharing his experiences. If he has any suggestions, we will absolutely take them on board because we are always open to taking on board new and positive suggestions as regards updating or amending our strategy in this regard. I commented on our youth diversion projects but I want to comment on our plans to extend youth diversion programmes to people once they pass the age of 18. Our strategy includes actions to develop diversion-based responses for young adults aged 18 to 24. It should be noted that we are not seeking to replicate the statutory Garda youth diversion programme for the 18-to-24-year-old cohort because different considerations apply in the case of young adults, as the Deputy will be aware.”
“It is important that we consider the supports and interventions needed for young people as they move into adulthood because personal circumstances do not just change overnight when someone turns 18.”
“For all participants exiting a project, the youth diversion projects should identify other services that could engage the young person; identify specific agency support that may be needed by the young person; make contact with that service provider on behalf of the young person; prepare the young person for leaving the project; and follow up periodically on the progression of the young person after leaving the project and record any relevant details sent annually to the Department for reporting purposes. The diversion programme has proved to be very successful in diverting young people under 18 away from crime by offering guidance and support to them and their families.”
“When a young person's time with a youth diversion project is coming to an end, whether they age out naturally at 18 or are no longer in need of specific youth diversion project supports, a plan is put in place to assist the young person to progress from the project. This process should be commenced well in advance of a person's planned disengagement.”
“Our Youth Justice Strategy 2021-2027 is a whole-of-government plan that takes a strategic approach to all issues connected to children and young people at risk of coming into contact with the criminal justice system. The key principles of the strategy are linked to the standards endorsed by the international community to uphold children's rights and include early intervention and preventative work, family support, diversion from crime, court processes and facilities, supervision of offenders, detention and reintegration, and support post release. Youth diversion projects are community-based, multi-agency youth crime prevention initiatives which divert young people who have been, or are at risk of becoming, involved in antisocial and-or criminal behaviour.”
“While it is complex business, Cuan is actively seeking ways to streamline processes and speed up delivery of domestic violence accommodation.”
“There were 147 refuge units at the end of 2023, with 12 new units delivered in 2024, including the state-of-the-art refuge in Wexford. There are currently 159 units. In this year, another 54 units are set to be under construction or due for refurbishment this year. This will bring the total units, including those under construction, to 213 by the end of this year. In addition to the development of refuge spaces, Cuan is committed to delivering additional safe homes which provide appropriate accommodation in certain circumstances. In terms of timing, Cuan is currently concluding a review of domestic violence accommodation delivery and development, working closely with our Department and the Department of housing to look at what measures need to be accelerated to meet the target by the end of the strategy.”
“The two key areas the Minister has progressed since taking office include the drafting of legislation to remove the guardianship rights of a person convicted of killing their intimate partner and working to develop a scheme to ensure any person in an intimate relationship can be informed if their partner has a history of domestic violence. I also want to respond to the work of our Department and Cuan in providing more refuge spaces. One of the overarching goals of the zero-tolerance strategy to address domestic, sexual and gender-based violence is to ensure that everyone who needs a refuge space will get one. In June 2022, there were 141 refuge units throughout the country. The zero-tolerance strategy includes a commitment to the doubling of this number by the end of 2026.”
“This work is identified as continuing to be a major priority for the Government. A range of specific commitments were made to help deliver the ambition, including in respect of fully implementing the third national strategy, developing a new plan for 2026-2030, increasing refuge spaces, updating the school curriculum, rolling out training, making the criminal justice system more victim-centred and reviewing the maximum sentences for relevant offences. Since his appointment, my colleague, the Minister, Deputy O'Callaghan, has made it clear that combating and eradicating domestic, sexual and gender-based violence will be one of his core principles in the Department of justice.”
“A more recent focus has included adopting a survivor-centred evidence-based approach, including collaboration between the Government and non-governmental organisations to tackle the root causes, to promote awareness, to provide support to victims and ultimately ensure we hold perpetrators to account. This work is being guided by a comprehensive framework under the third national strategy to combat domestic, sexual and gender-based violence, which emphasises prevention, protection, prosecution and policy co-ordination. In the programme for Government, our Government reaffirms our stated ambition to establish a zero-tolerance approach to domestic, sexual and gender-based violence, which we recognise as vital for safeguarding individuals and promoting a safer society.”
“I thank the Senators for their contributions again. I refer to the recent Women's Aid report and acknowledge that it makes for very distressing reading. The data is very stark. The work being done by Women's Aid in this space helps victims of domestic violence to speak up and ensure they feel supported when they do so. The volume speaks to both the scale and the challenge, but also to a growing willingness to recognise, name and call out abuse and a growing willingness for victims and survivors to come forward and engage, including with our justice system, which is important. Over the last decade, Ireland has made significant strides in addressing the challenge of domestic violence through legislative reform, national awareness campaigns and the expansion of support services.”
“Judges who have specialist training or experience in dealing with family law matters will be assigned to the family courts divisions on a full-time basis. Importantly, the Act contains a set of guiding principles for the family court system, including making the best interests of the child a primary consideration in the conduct of all family law proceedings and ensuring the safety of parties to proceedings and protecting victims and survivors of domestic violence. It is committed to in the programme for Government and it is intended to publish an implementation plan for the new family court system in early January 2026.”
“It is an ambitious programme of reform that sets out a vision for a system refocused on the needs and rights of children who are central to many family justice matters. The actions in the strategy are aimed at ensuring the family justice system works better for all of those engaged with it, in particular those who need additional support and protections, including domestic violence victims. The Family Courts Act 2024 is a key component of our Department's family justice strategy and contains a number of provisions designed to make the family court process more user-friendly and less costly. The legislation provides for the establishment of family court divisions within the existing court structures, that is, a family High Court, a family Circuit Court and a family District Court.”
“Given the potential criminal consequences of breaching an order made pursuant to that section, this could make it more difficult for victims of domestic violence to obtain these civil protection orders. While I have identified the possible issues, I want to acknowledge the positive intention of the Bill. Further examination of the Bill will be undertaken by officials. I want to return to the brave comments of Senator Ryan, who mentioned her experiences as the daughter of someone who has been domestically abused. I will update the House and Senators on developments in implementing the family justice strategy, in particular in the context of the Family Courts Act 2024. The family justice strategy runs from 2022 to 2025.”
“Of course, the whole point of getting a domestic violence or barring order at weekends, quickly or perhaps with only a victim present is that it can be accessed as quickly as possible. By putting a higher bar in place, there is a potential that such an order might not be granted because a person who is being accused should be given the right, potentially, to defend themselves in a way they would not at the moment. The case law of the Supreme Court has set the threshold of severity for a respondent's conduct to be considered in the making of a domestic violence order. Such a threshold would possibly be raised further if section 33 were made a serious offence.”
“As I mentioned, section 33 covers a breach of multiple different types of domestic violence orders. These orders are very different and detailed, with finely balanced statutory provisions governing how they are granted. Making a breach of all domestic violence orders a possible serious offence means that it might become harder to successfully persuade a court to grant any of them. Respondents would be expected to contest the case in a more rigorous manner. In the interests of justice, a court might, in certain circumstances, be less inclined to grant orders. Particular concerns relate to barring orders, emergency banning orders and protection orders, that is, those which can be granted ex parte , namely where only one applicant has to be present or heard in court and outside of the usual court sittings.”
“It will make the breach of a domestic violence order, namely, safety orders, barring orders, protection orders, interim barring orders and emergency banning orders a hybrid offence that could be triable summarily or on indictment, with a maximum penalty on indictment of five years' imprisonment. Currently, the penalty for the offence is a class B fine set at a maximum of €4,000, one year imprisonment or both on summary conviction. While acknowledging the positive intention of the section, there are some challenges and possible unintended consequences to making this amendment to the Domestic Violence Act. It is also worth highlighting that these are challenges that have arisen on previous occasions, in particular when the Act was put in place. This is not the first time this issue has been considered.”
“I thank Senator Stephenson for her work on this Bill and Senator Ryan for her amendment and sharing her personal experiences and insights. I thank all Members for their contributions. On the proposed amendment, while I acknowledge it is Senator Stephenson's Bill, the proposed amendment is accepted. Legal advice will, of course, be required to allow for due consideration. It is also important to emphasise that the conduct of any court case is a matter entirely for the presiding judge. The courts are subject only to the Constitution and law, independent in their exercise of their judicial functions, including sentencing. More generally, section 1 seeks to amend section 33 of the Domestic Violence Act 2018 to make provision for an indictable offence under that section.”
“I move: That Dáil Éireann resolves that section 8 of the Criminal Justice (Amendment) Act 2009 (No. 32 of 2009) shall continue in operation for the period beginning on 30th June, 2025 and ending on 29th June, 2026.”
“It would be necessary to obtain clear supporting legal advice if this is to be pursued in the Bill. The training of practitioners may be better achieved by other means than a provision in legislation. At a practical level, a period of three months would not be adequate to identify and train everybody who is captured by the language in the amendment.”
“I am advised that the postponement of the coming into effect of the Bill is, broadly speaking, a policy matter. Therefore, I do not oppose the amendment. I am further advised that there is no legal or practical need to set out the reasons the legislation is or is not coming into effect immediately on its passing by the Oireachtas. It appears the only legal effect of the amendment as currently worded would be to create a delay in the coming into effect of the Bill. If the intention is that the amendment would require the provision of training, it should be noted that the constitutional separation of powers places an obligation on the Oireachtas, as well as the Government, not to overreach by obliging the Judiciary to undertake prescribed actions that may include a requirement for training.”
“We are not opposing this amendment. I am advised that its provisions, which relate to international obligations, would need further consideration in drafting to ensure they have the intended effect. It is, in essence, a drafting matter and is not insurmountable.”
“We are not opposing this amendment, but we have reservations about it. I am advised that this provision, which relates to evidence and procedure, is fraught with legal risk and would require careful consideration of its potential for undesirable impacts upon criminal investigations and court procedures. Given the strong likelihood of legal challenges to the judicial processes and procedures that culminate in the imprisonment of offenders that could arise from the changes to be introduced by this amendment, it may not be possible to effectively mitigate all possible ways in which unwanted outcomes could arise. It would be necessary to obtain strong legal advice in support of this provision before it is allowed to enter into law.”
“We do not intend to oppose the amendment. I am advised that the provision for what is termed "Legal continuity" would need further consideration in drafting in order to ensure it has the full effect and broad reach that appears to be intended, but any issues are not insurmountable.”
“This is potentially quite a substantial piece of work in itself but those are essentially drafting concerns as opposed to significant constitutional or legal issues and can be addressed in due course.”
“I welcome the Senator's proposal for a transitional provision to address concerns that the amendments could give rise to unwelcome effects on the Sex Offenders Act 2001, which is the legislation that provides, among other things, for the sex offenders register. It is essential that the legislation not be adversely impacted by any changes that we might wish to introduce. While I am advised that this provision will require further consideration during drafting in order to ensure that it has the intended effect, I do not oppose it. However, I understand that it will be necessary to consider whether a range of further transitional provisions will be required to preserve the legal effect of all of the legislation that will be affected by the amendments introduced by this Private Members' Bill.”
“It makes sense for Ireland to be in alignment linguistically with our international and European counterparts as we are already aligned politically in tackling child sex abuse material.”
“I thank the Senator and welcome the amendment to the language this Private Members’ Bill will insert into existing legislation. We are not opposing it. The legal advice received by our Department when this issue was first considered indicated using the phrase “child sexual exploitation material” could have unwelcome consequences for legislation that already uses similar language. Using the phrase “child sexual abuse material” appears to address this problem and is in line with international good practice. This term is now the preferred descriptor of legal measures and instruments for what was formerly called “child pornography” or “child sexual exploitation”. It is the preferred language in use by agencies, professionals and bodies working in the subject area.”
“Given the nature of these amendments, I have been advised that it would be necessary to engage with the Office of Parliamentary Counsel, OPC, on these very technical drafting matters. I do not anticipate any particular difficulty with the amendments to references to the current Child Trafficking and Pornography Act 1998, but I note that a comprehensive trawl of the Statute Book would be required to ensure every reference is found and amended. Amending the Long Title of this Private Members’ Bill also does not present any issues provided the final version fully reflects the purpose of the legislation.”
“I thank the Senators who spoke. I do not seek to oppose these amendments. However, there are some issues that were raised on Second Stage and these still remain. I am advised that it is not normal practice to amend the Long and Short Titles of statutes. However, I understand that no legal or constitutional reason has so far been identified as to why these amendments would not be possible. Indeed, this was done as part of the statute law revision project, which was aimed at simplifying the often long and confusing titles of some of the older legislation on the Statute Book. Indeed, this was done as part of the statute law revision project, which was aimed at simplifying the often long and confusing titles of some of the older legislation on the Statute Book.”
“While I do not oppose the amendment, I note that legal advice may be required in order to ensure there are no unintended consequences for any other legislation to be amended by this Bill.”
“It is vital that we maintain the legislative coherence necessary for existing offences to simultaneously remain fully enforceable, sufficiently fair to victims of crime and fully in line with the requirements of the Constitution. I understand that the amendments prepared for today's debate are intended to address these issues and I welcome the opportunity to consider them and to see if a way forward can be found to improve our legislation on these issues. I wanted to say that as an opening observation on the debate we are having. On amendment No. 1, I welcome the insertion of the definition of child sexual abuse material for the purpose of the amendments to be introduced by the Bill into other legislation. Clarity about the meaning of the terms used in legislation is essential to delivering on policy objectives.”
“Any similar legislation to be enacted today would need to convey our improved understanding of this material as being evidence of the sexual exploitation and abuse of children, and not merely as offensive images or video recordings. On Second Stage, my colleague the Minister, Deputy Browne, conveyed the Government's decision not to oppose the Bill. The aims underlying it would be clearly of benefit if they can be achieved. Unfortunately, however, it is not as straightforward an issue to address as it might first appear. The words "child pornography" appear across the Statute Book in legislation relating to a variety of offences, many of which are serious in nature. It is essential that these offences are not undermined.”
“I welcome the opportunity to speak on this very interesting and important Private Members' Bill. I acknowledge the intentions of Senators Flynn, Black, Higgins and Ruane in bringing this forward in the first place in 2022 and in keeping the subject alive since then. It is a feature of language that our understanding of words and phrases develops over time. This is particularly relevant in light of new knowledge coming from research into the causes of crime and other issues in society. While the term "child pornography" was considered appropriate for the legislation at the time that the Child Trafficking and Pornography Act 1998 entered into law, as the Senators have pointed out, our understanding of those words now does not fully reflect the seriousness of these offences.”
“With regard to the issues raised and echoed by Senator Boyhan and others regarding mobility and people with disabilities, I will convey the request to the Minister regarding communication to the CEOs of local authorities.”
“As I previously indicated, it was not possible to do that before this point in time. I think we can all agree that these measures will successfully address the relevant issues that arose for licensees and that they have worked effectively and will continue to do so for the period ahead, with the support of the Houses. Outdoor dining spaces boost the appeal and attractiveness of our cities and towns. They inject a new energy and a dynamism to local areas as well as providing much-needed support for local businesses. Having come through the past few difficult years, it is wonderful to see we are in a position where we can share our lively bars and restaurants with many new and returning visitors to our country.”
“I thank all the Senators for their time and their contributions. We hope the extension of the Act until 30 November 2025 sends out a message about our determination to continue to support and provide clarity to business, An Garda Síochána and local communities. This is an important extension, which clarifies the position of licence holders who wish to sell and serve alcohol adjacent to a licensed premises in an area approved by the relevant local authority. With the extension of this Act, continued certainty is provided to licensees. I reiterate that the Minister acquired Cabinet approval on 9 May last to ensure these measures are put on a permanent statutory footing in the Criminal and Civil Law (Miscellaneous Provisions) Bill 2025. This will remove the need to apply for these extensions every six months.”
“The Government is also mindful of the need to support An Garda Síochána with regard to enforcement of the licensing framework and ensuring that public safety is protected. Accordingly, it is proposed to extend the operation of the Act for a further six months until 30 November 2025, to allow for the ongoing certainty of all those operating in the licensing trade, their patrons, local authorities and An Garda Síochána. In summary, we are here to deal with one element of our current licensing system that needs our attention, namely, the extension of the outdoor seating provisions, which have proven to be popular with the industry, local businesses and patrons. I am pleased to confirm these provisions will be included in this year's Criminal Law and Civil Law (Miscellaneous Provisions) Bill. I commend the motion to the House.”
“The extension of these provisions clarifies the position of licenceholders who wish to sell and serve alcohol adjacent to licensed premises in an area approved by the relevant local authority. At present, these premises have no remedy to extend their licence to include that area under existing legislation. Senators will be aware that the Minister secured Cabinet approval on 6 May to publish the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025. This Bill will include provisions to put outdoor seating on a permanent statutory footing and, going forward, will remove the need for continued renewal of these provisions by resolution every six months. However, it will not be possible to bring these provisions into operation prior to 31 May 2025.”
“The Government considers it to be in the public interest to provide for the sale or supply of intoxicating liquor in certain circumstances in seating areas located outside licensed premises. It allows licensees of such premises to conduct business and operate in these outdoor seating areas. It is important to extend this operational period for a further six months to give clarity to licensed premises, local authorities and An Garda Síochána. The increased availability and popularity of outdoor dining and socialising has been welcomed by many. Its innovation is reflective of the demand for more variety and choice in the ways in which we socialise and in the types of venues and social spaces that are available. It is also crucial to the viability of many businesses across our towns and cities.”
“These measures also allow An Garda Síochána to regulate and enforce these provisions in the course of its ordinary responsibilities enforcing licensing laws, providing An Garda Síochána with the power to direct licenceholders to comply with this legislation as it relates to outdoor seating areas, facilitates the enforcement of the Act and is an important safeguard. The House will agree that it is essential An Garda Síochána continues to have clarity with regard to its powers for public order purposes, and equally that licensed premises owners understand their obligations to maintain order in outside public areas where they are selling alcohol. Although Covid-19 is less prevalent, it has not been eliminated.”
“Section 9(4) of the Act provides that the relevant provisions of the Act can be extended for up to six months at a time if a resolution approving its continuation has been passed by both Houses of the Oireachtas. On 6 May 2025 the Government agreed the extension of the Act for a further six months. The Government took this decision in recognition of and in response to the ongoing demand for such facilities to allow businesses to operate with clarity and certainty with regard to the law on outdoor dining services. Therefore, I am bringing forward a proposal that the Act should continue in operation until 30 November 2025. The measures provided for in the 2021 Act were put in place to facilitate licensed premises to provide outdoor seating in the context of the Covid-19 pandemic.”
“I am here to introduce the resolution to extend the sunset clause in the Civil Law (Miscellaneous Provisions) Act 2021. The extension of this Act will allow the hospitality sector to continue to provide the sale or supply of intoxicating liquor in outdoor seating areas. Senators will be aware that the Act was introduced in July 2021. The provisions of the 2021 Act were in place until 30 November 2021, and have been further extended seven times by resolutions of each of the Houses of the Oireachtas, in November 2021, May 2022, November 2022, May 2023, November 2023, May 2024 and October 2024. On 8 May 2025 the Minister, Deputy Jim O'Callaghan, brought this motion before Dáil Éireann and it was agreed to renew these provisions for an additional six months until 30 November 2025.”
“The community safety fund is currently open for applications and is funded by the proceeds of crime seized by CAB. As the Deputy correctly said, the idea is to make available those proceeds to communities that have been impacted by crime. I will revert to the Deputy on his specific query, as I am not in a position to give him an answer about it now.”
“I mentioned there were two new projects being stood up in east Clare and north Tipperary. That confirms we have full national coverage for youth diversion projects. Of the 93 projects, three operate in County Meath. Of the three Meath programmes, the ones in Navan and Duleek in south-east Meath are operated by Foróige and the SMART Project in Trim is operated by the Crann Support Group. In total, these projects will benefit from funding of approximately €1.4 million in 2025. This represents an increase of over €800,000 from the year 2022. I have a table here where the Garda has outlined to us the number of annual referrals made to its youth diversion programme in the Meath-Westmeath Garda division for the past five years. I will furnish the Deputy with those in due course.”