I welcome the Minister, Deputy O'Callaghan, and his officials.

Senators will be aware that miscellaneous provisions Bills provide a great opportunity for the Executive but, more importantly, for the Legislature to pass legislation in a variety of different areas promptly and effectively. That is what I am doing in this legislation. The Bill is divided into 75 sections across 16 Parts and one Schedule. Part 1 contains standard provisions. Part 2 amends the Firearms Act 1925 and the Prisons Act 2007 to provide a basis for the possession, carriage and use of incapacitant sprays by prison officers in the course of their duties. I believe that is necessary for prison officers. Part 2 further amends the Firearms Act to enable the gardaí to seize and detain a lawfully held firearm or ammunition for up to 14 days where the member reasonably suspects a danger to public safety, security or the peace. I also believe that is a very necessary measure in light of the threat that can arise to the public from those who lawfully hold firearms.

Part 3 amends the Courts of Justice Act 1924, the Courts Service Act 1998 and the Judicial Council Act 2019 to empower the overworked Chief Justice to delegate certain non-judicial functions to other members of the Judiciary. Part 4 amends the Defence Act 1954. These were amendments tabled on Committee Stage by my colleague, the Minister, Deputy McEntee. They are amendments to strengthen the powers of the Defence Forces in safeguarding the security of the State in certain circumstances arising in the territorial sea or internal waters of the State or where there is a risk to the sovereign rights and jurisdiction of the State. It also makes express affirmatory provision in primary law for the deployment of members of the Defence Forces in aid of the civil power. That is when An Garda Síochána requests the assistance of the Defence Forces, which happens frequently throughout the year. Finally, there are provisions relating to the protection of military installations by the Defence Forces.

Part 5 amends the Extradition Act 1965 to empower Garda members to provisionally arrest, without a warrant, persons named in Schengen information system, SIS, alerts from Switzerland and Liechtenstein. This amendment is necessary if the SIS is to operate as intended in such cases. Part 6 amends the Criminal Justice (Community Service) Act 1983 to oblige the courts to consider a community service order in lieu of a prison sentence of up to 24 months. At present, that is only 12 months. It will increase from 240 to 480 the maximum community service hours that a judge may order. Those provisions will assist in ensuring that people who may not need go to prison do not go to prison and that they do community service instead.

Part 7 relates to criminal evidence. Section 16 amends section 19A of the Criminal Evidence Act 1992 to restrict the disclosure of counselling records and other personal records in sexual offence trials. Senators will be aware that in 2017 legislation was enacted by both Houses of the Oireachtas to try to restrict such disclosure. Unfortunately, that legislation did not fulfil its intended purpose. My amendments delete the waiver provision contained in section 19A, which has all too often meant that victims have failed to benefit from the protections which the legislation provides. From now on, every time that such counselling notes or personal records are sought by the defence, a judge will carefully scrutinise the material and make an impartial and objective decision on whether disclosure is warranted. My amendments also provide for a presumption of non-disclosure, ensuring that the default position is that these records are not to be disclosed. The exception to this is where the court is satisfied, after examining the record, that it is likely to be relevant to an issue at trial and there would be a real risk of an unfair trial in the absence of such disclosure, or it is otherwise in the interests of justice to so order. As I have been repeatedly reminded by the Attorney General, I cannot introduce an outright ban on counselling notes, as that would be unconstitutional. I cannot introduce an outright ban on any personal records.

The scheme put in place here will ensure that a judge will carefully examine any records and they will only be disclosed if necessary for the purpose of ensuring there is not an unfair trial and also to ensure that it is in the interests of justice.

The amended legislation sets out a two-stage process, inserting a filtering stage in respect of disclosure applications. This mechanism will eliminate "fishing expeditions" by requiring that the likely relevance of a record be shown before any disclosure is even contemplated. The legislation expands the protections of section 19A to include medical records, child protection records and social work records. There has been extensive consultation with stakeholders. In terms of that consultation, I believe this is an appropriate course to adopt.

I recently had the opportunity of having a successful and illuminating meeting, organised by Deputy Shane Moynihan, with a group called Beyond Surviving. It is a survivor-led charity. It was a very informative discussion, and I became aware that there are clearly different views in the survivor community on the disclosure of counselling notes. I think it is important that we all reflect on and listen to other perspectives. Irrespective of the legal mechanism, we need to have supports in place for people who have gone through sexual assaults or sex trials and have recognised that the trauma of doing that is very significant.

Section 17 amends the Criminal Justice Act 1993 to provide that where a person is convicted of any indictable offence, character evidence for sentencing purposes must be given on oath or by affidavit.

Section 18 amends the Criminal Justice Act 1999 to provide that Garda staff, in addition to Garda members, as is already the case, may prepare and sign certificates of evidence relating to custody of exhibits.

Part 8 amends various enactments to reassign from the Department of foreign affairs to my Department the responsibility for certifying Irish citizenship where it is relevant to the prosecution of offences.

Part 9 amends the European Arrest Warrant Act 2003.

Part 10 amends the Criminal Justice Act 2006 to provide that where a person entering into a suspended sentence bond is in prison custody, the governor may take the recognisance.

Part 11 amends the International Criminal Court Act 2006 to give effect to the State’s intended ratification of the amendments to Article 8 of the Rome Statute of the International Criminal Court, ICC, and to explicitly provide that the State can co-operate with the ICC with respect to requests.

Part 12 amends the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 to allow Forensic Science Ireland, FSI, to generate profiles derived from the analysis of coding DNA for identification purposes in cases relating to missing and unknown persons.

Part 13 amends the Criminal Law (Sexual Offences) Act 2017 to criminalise the exploitative behaviour commonly referred to as "sex for rent" by creating new offences of offering or advertising accommodation in exchange for sexual activity. I commend Senator Harmon on previously putting forward legislation in this House that I said I would adopt, and this is my adoption of it.

Part 14 provides a permanent regulatory basis under which licensed premises may provide outdoor seating on public land.

Part 15 provides for an application-based scheme to enable the disregard of certain historical convictions, cautions and probation orders relating to consensual sexual activity between men. The scheme will create a basis by which an eligible conviction can effectively be nullified so that its recipient is treated in law as if it never happened.

Part 16 contains miscellaneous amendments. Section 65 amends the Criminal Procedure Act 1967 to provide that where a person entering into a bail bond is in Garda custody, the Garda can take the recognisance. Section 66 amends the Civil Legal Aid Act 1995 consequential on the Bill’s amendment of section 19A of the Criminal Evidence Act 1992 about personal records. Section 67 amends the Schedule to the Bail Act 1997 to add several new offences to the Schedule. Section 68 amends the Children Act 2001 to lower from superintendent to inspector the minimum Garda rank that may apply to court for an antisocial behaviour order. Section 69 amends the Social Welfare Consolidation Act 2005 to enable the courts to use the personal public service number, PPSN, to verify the identity of persons submitting documents. Section 70 amends the Multi-Unit Developments Act 2011 to transfer functions under the Act from me as Minister to the Minister for housing. Section 71 amends the Prisons Act 2015 to provide that I, as Minister, may direct that a person be taken from prison to effect a deportation or removal order where two years or less of their sentence remains. Sections 72 to 75 contain various technical amendments to a variety of legislation.

I conclude by saying I will bring forward a number of amendments on Committee Stage, namely, provisions to enable the expanded use of electronic technology in criminal proceedings, provisions for certificate evidence of Garda presumptive drug testing in certain proceedings, and a new Garda power under the Public Order Act 1994 to require the removal of face coverings in certain prescribed circumstances.

I also intend to bring forward two important security-related amendments. One is to extend the State's passenger name record, PNR, system. The second is to amend the Wireless Telegraphy Act 1926. It is important to have these security-related amendments in place.

This is a diverse Bill, and there is a lot of material in it. In the Dáil, there was general support for a lot of its Parts, but there was criticism too that I was putting too much into it. I will not apologise for that. I know from my experience of politics that the ministerial life comes and goes very quickly. You are better off trying to get things done as promptly as possible. If many of these proposals were not pushed forward in a miscellaneous provisions Bill, we would still be talking about them in years to come.

Is it agreed that Senator Harmon will take her speaking slot now because she has another commitment? If there is agreement from the House, we can facilitate this happening. Is that agreed? Agreed. I call Senator Harmon.

I thank the House for facilitating me to speak earlier. I welcome the Minister to the House, and commend him on taking action on so many important areas. The first Bill I introduced to the Houses of the Oireachtas through the Seanad was on the issue of sex for rent, which is a terrible practice that needs to be outlawed. It is extremely welcome, therefore, that this aspect is being included in this legislation. We will be seeking to make some amendments on Committee Stage in relation to the Bill as a whole as well as to the sex for rent provision. I hope to engage with the Minister on those amendments, especially in ensuring there is access to legal assistance and specialist supports for victims of this practice, including clear referral pathways and trauma-informed services.

I agree with the coalition campaigning on this issue of sex for rent and advocating for it to be included as a form of violence within Cuan’s domestic, sexual and gender-based violence strategy, and for dedicated training for An Garda Síochána to be provided in relation to this aspect. Greater protections for renters are also needed. I know this is a matter for the Minister for housing as well. In particular, there is a need for protection in precarious rental situations, including digs accommodation. We need to ensure that there is effective enforcement in terms of banning these ads online. I think this should be under the remit of the online safety commissioner. Those are a number of areas we will be looking at in terms of amendments. The Minister took action on this issue of sex for rent swiftly during his term. When it comes to this issue of sex for rent, we have been waiting too long. This will send a clear message to perpetrators that this is not acceptable and it needs to be outlawed. We look forward to further debate on this provision on Committee Stage.

I also welcome the area of disregard in the Bill. For many decades, the State criminalised gay men because of who they were and who they loved. In Pride Month, it is fitting that we are debating this legislation. I mention the work of my colleague, Deputy Ged Nash, who has made sure that this matter has stayed on the agenda over many years. Those men who were wrongly criminalised should get justice. The Labour Party is proud to see this happening after many years of campaigning. It is a landmark moment for this country’s treatment of LGBTQI+ people. We look forward to further debate on Committee Stage.

It goes without saying, but people across this House are in agreement in relation to the concerning issue of counselling notes being used during trials. We all agree as a starting point that the use of counselling notes in trials is a problem. We do not want to see counselling notes used in trials in this way. The Minister’s amendments have made some progress. The National Women’s Council of Ireland, NWCI, has said that the measures in this Bill are a step that will ensure greater scrutiny of the disclosure of counselling records, giving victims greater protection, but, in our view, they do not go far enough. Again, therefore, we will be seeking to have further debate on this provision on Committee Stage in the Seanad and will be bringing forward further amendments.

The right to a fair trial is, of course, something that needs to be protected.

There are deep concerns in this area. We must always put the well-being of the victims at the centre of this and that needs to be protected. We look forward to further debate on this.

The Minister is welcome back to the House. I wish to comment on his concluding remarks on his term as Minister and his ambitions in that portfolio. As everyone in this House can see, his work ethic and enthusiasm for bringing change are admirable and very much welcome. I commend him sincerely on that.

Fianna Fáil very much supports this Bill. As the Minister outlined, it responds to a wide range of challenges in the justice system. It is very practical legislation covering a wide range of areas. It delivers a range of practical reforms across our justice system aimed at protecting vulnerable people, improving public safety, reducing pressures on our prisons and making the administration of justice more efficient, which is a very admirable goal I am sure we all agree with.

One of the most important measures is the criminalisation of so-called sex-for-rent arrangements which, as the previous speaker alluded to, has been an issue for quite some time. The Bill makes it an offence to offer or advertise accommodation in exchange for sexual activity. There is a clear abuse of powers that exploits vulnerable people who are often in a very vulnerable housing situation. This legislation will send a strong message that such behaviour will not be tolerated any longer.

The Bill also strengthens the protections for victims of sexual offences which again is very welcome. It reforms the process surrounding the disclosure of counselling records in requiring a court hearing in every case where disclosure is sought. This ensures that an independent judge will assess whether records are relevant, helping to protect complainants’ privacy, while maintaining the right to a fair trial. That is very welcome mechanism.

A further key objective is to address prison overcrowding which the Minister is familiar with. The Bill encourages greater use of community service orders by requiring courts to consider them as an alternative to prison sentences of up to two years, and by increasing the maximum number of community service hours that may be imposed. That is a hugely positive incentive. We can do much more there and I am glad that the Minister is expanding that role. I see at first hand in my neck of the woods the huge contribution those people are making to society generally. I have spoken to a number of them. It has created a new very positive pathway for them compared with the negative one they had found themselves on. I am very much in favour of that. This in turn will help reserve prison spaces for offenders who genuinely require imprisonment while ensuring appropriate punishment and rehabilitation in suitable cases. The legislation also improves safety within our prisons by removing the legal barrier preventing prison officers from using incapacitant spray. Any use of such equipment will be carefully regulated - rightly so - and limited to trained officers in appropriate circumstances.

The Bill also modernises our approach to missing persons investigations by allowing more advanced DNA analysis techniques, increasing the likelihood of identifying missing, unknown and deceased persons, and providing answers for families seeking closure. In addition, it introduces practical measures to improve efficiency across the justice system, including facilitating remote appearance through video-link technology, reducing the unnecessary demands on gardaí and prison resources, and allowing the Chief Justice to delegate certain administrative functions to other members of the Judiciary. Again, that is a very sensible and practical approach, allowing us to free up our gardaí to stay on the streets where we all like to see their presence.

On the civil law side, the Bill also provides the legal framework for outdoor seating and licensed premises, supporting businesses and social activities in towns and cities across the country. That has been a hugely positive development that came out of the Covid pandemic - one of the very few positive outcomes from it. It is a hugely successful initiative that helps the economic and social activity in our towns. It is very positive on a summer’s evening to see people sitting out having a coffee, a beer or whatever.

Overall, this is very sensible and balanced legislation. It strengthens protections for victims, supports front-line justice services, promotes rehabilitation where appropriate and modernises important areas of law and public administration. For those reasons, on behalf of the Fianna Fáil group, I fully support and welcome this legislation. I again commend the Minister on the enthusiasm with which he is carrying out his role.

Before moving on, I welcome Deputy Sorca Clarke to the Distinguished Visitors Gallery. She is accompanied by Lisa Kirwan, Violeta Bobyleva, Jane Atli, Emma Noonan, Ann Bellew and Mary Murray. They are very welcome and I hope they have a lovely experience here today in Leinster House. We had a school group in from Scoil Íosagáin in Coolgreany, County Wexford who are guests of Deputy Ó Súilleabháin. They have left. I hope they get no homework and are well looked after. Everybody else in the Visitors Gallery is very welcome.

I welcome the Minister here today. I indicate my support in general for this Bill and for the initiative the Minister is taking in proposing a Bill with a diverse category of miscellaneous provisions in it. I agree with him completely that it is difficult to organise legislative time and difficult to get measures through the Attorney General's office and the parliamentary draftsman’s office. If everything is done in a segmented way as the Minister implied, a lot of worthwhile initiatives will be postponed or never addressed even when there would be in general terms a consensus right across the political spectrum that the amendments or the provisions of the Bill or similar Bills are desirable.

The Bill is a comprehensive Bill and cannot be rushed through. Some of the individual components are non-controversial and I presume will not cause any significant delay. However, in respect of some items, for instance the provisions in relation to the cancellation effectively as a matter of law of homosexual convictions, need to be looked at quite carefully indeed.

Putting in place a specific power in the Defence Act covering acting in aid of the civil power is a very wise provision. As somebody who actually in my time did act in aid of the civil power a long time ago, I often wondered precisely what the authority was for my deployment, sitting in a ditch on the Concession Road along the Border with a with a machine gun in my hand and gardaí carrying out road checks on vehicles and passengers. I wondered precisely what our rights were in the circumstance. We believed that we were there to protect the gardaí and to use our weapons to protect their lives if necessary but it was not very clear to us what would happen if any of us inflicted injury on somebody else in this context.

In respect of aid of the civil power, subsection 5 of the new section 40B refers to assistance provided by the Defence Forces to An Garda Síochána under this section. That possibly could be widened to the Prison Service. I am thinking back to Portlaoise and to occasions when there was a threat of industrial action in the Prison Service which could have given rise to a State emergency.

When I was Minister, we had the Defence Forces carry out surveys of the prisons with a view to ensuring the safety of the State. That is something that could be looked at.

I also believe that the protection of military installations provision is very important. If people invade an Army barracks, what force can be used to repel them? This at least sets out a test that as long as the force used to defend the security facility is reasonable, proportionate and necessary, it is lawful. I am glad to see that kind of provision being expressly stated.

One thing I would say to the Minister about legislation of this kind is that because it is so miscellaneous in its character, it is important that the process of reflecting its contents in restatements of statutes is carried out because otherwise you will be looking at what appear to be complete statutes and you will not know that a change was made to that statute in Part 12 of this Bill. Whereas I welcome the idea of miscellaneous provisions Bills, they have to be, in my view, married to transparency in the Statute Book by means of ensuring that anybody who looks up the revised statutes will find an appropriate reference to the changes that were made here.

I could spend time talking about the individual portions of it but I will not do that. I will raise one matter with the Minister, and that is that a lot of what is going on at the moment in terms of registers and the like presupposes that people are easily identified. I was checking up today on the method of changing your name by deed poll and I would invite Members of this House to look at the register of deed poll activity. It is quite substantial. Some of it seems to be people changing their names to reflect their gender status change under gender recognition legislation but others are mildly surprising. If the Minister is to have protection for victims of domestic violence and registration of those people, a lot of the good involved in that is cleared away if somebody can simply change their name and bash on. It occurred to me, for instance, that to change your name by deed poll, you should at least give your address. In the register, your address does not appear and if Seán Power becomes Seán McMahon, nobody knows where that person is. He could be in Donegal. He could be in Wexford. Nobody knows who that person is. That is a point.

Another issue the Minister should think about, and maybe it is for another miscellaneous provisions Bill, is, where people have been convicted of offences, to make it a requirement that the deed poll provisions are controlled to some extent in that at least there is notification to the authorities and some notification on the register, especially in the case of people who have been the subject of recent convictions that they do not simply change their name and walk off into the sunshine as if nothing had happened.

Those are merely some reflections I have. I welcome the legislation and I look forward to adequate time being given on Committee Stage to each of the pieces because a lot of people would say there is nothing controversial in this Bill but there are things which need to be carefully looked at to see whether they will have the effect that the draftsman and the Minister intend and that the House would intend in approving them. From that point of view, there is no rush with this. I am not suggesting that we should delay it in any way but I would like the opportunity, for instance, to look at some of the provisions relating to disregarding convictions to see whether they will work. I notice, for instance, that somebody who gets a disregard procedure in their favour is not required, as a matter of any requirement of any foreign government, to disclose that conviction, which is fine. That is a good idea, but how do the Americans, for instance, deal with that? It is a question. I wonder are they on-side, so to speak, with somebody simply saying that they have never been convicted of a serious offence. Have we the understanding that you could not be dumped out of America for lying even though the Irish law seems to say you can tell the Americans you have no conviction? It is a point I would like to have explored.

I welcome the Minister, I commend him on his activity and industry, and look forward to this Bill being properly considered.

Before I call the next speaker, I welcome the Now Group to the Gallery on both sides. They all are very welcome. They are guests here today of Deputy Pa Daly. I thank them for being here with us.

Thar cheann Fhine Gael, cuirim fáilte roimh an Aire agus cuirim fáilte roimh an Bille um an Dlí Coiriúil, an Dlí Sibhialta agus Cosaint (Forálacha Ilghnéitheacha), 2026. On behalf of the Fine Gael Group, I welcome all 75 sections of the Bill before us today and the consequential amendments that will be made to existing Acts in the areas of criminal law, civil law and defence.

Parts 2 and 6 and section 71 all relate directly or indirectly to the Prison Service. Part 2 seeks to provide an exemption for prison officers to use incapacitant sprays in the course of their duties, amending the Firearms Act 1925 and the Prisons Act 2007, which was referred to by both the Minister, Deputy O'Callaghan, and Senator Gallagher in their remarks.

Part 6 relates to the increased scope and applicability of community service orders in lieu of imprisonment. Given that this morning the Irish Prison Service is operating with total numbers exceeding capacity by 24%, including the highest rates of overcrowding in the prisons for women, in Mountjoy and Limerick, with Limerick Women's Prison operating at 164% of capacity or, in other words, 92 women in custody with a bed capacity of 56, the proposal to increase the scope and applicability of community service orders will help in this regard where appropriate. Section 71 relates to an amendment to the Prisons Act and to a proposed increase in the time threshold for the possible deportation or removal of a prisoner.

Parts 5 and 11 are related to international co-operation. This is something we discussed yesterday afternoon in relation to opting in and the importance of international co-operation in our laws to strengthen law enforcement at a national level. Part 5, which amends the Extradition Act 1965, is an important step in increasing the powers of An Garda Síochána to provisionally arrest, without a warrant, persons named in Schengen Information System, while part Part 7 relates to improved co-operation with the International Criminal Court. Both are important steps.

Briefly, I will make reference to part 13 in particular to use it as an opportunity to commend the collaborative work by our colleague Senator Harmon and, indeed, Senator Stephenson with the Minister, Deputy O'Callaghan. The result of the collaborative work in introducing two new offences in the exploitative practice of sex for rent is an important progressive step and is an excellent example of the co-operation that exists, particularly when suggested progressive steps of this nature come from the Opposition.

That is very important. As has been alluded to and referenced by a number of contributors today, I also welcome Part 15 of the Bill, which provides for the disregarding of historical convictions relating to the consensual sexual activity of gay men which, again, is a belated acknowledgement of the wrongs of previous legislation. It is an important step.

On the whole, I would like to commend and compliment the Minister, Deputy O'Callaghan, and all those with whom he worked in putting together this wide-ranging and progressive Bill, which has the full support of the Fine Gael group.

As has been said across the floor by many speakers, this very wide-ranging Bill covers a variety of matters across criminal law, civil law and defence. There are provisions within this that Sinn Féin does agree with and will support. There are also areas where we will be seeking significant improvements as we push through with this legislation.

My principal concern today, however, relates to one of the most sensitive and important issues combined in this Bill, which is the disclosure of counselling and therapy records in sexual violence trials. For years, survivors of sexual violence have told us that one of the most daunting aspects of pursuing justice is the fear that their private counselling notes may be sought, examined and used in court proceedings. Many survivors access counselling in order to process trauma, rebuild their lives and begin a journey of recovery. They do so with the expectation of privacy and confidentiality. The prospect that deeply personal discussions with a therapist could later become the subject of legal scrutiny can be a significant deterrent to seeking support and, indeed, reporting sexual offences in the first place. That reality must be recognised when we are dealing with this legislation. We must ensure that victims and survivors are not placed in a position where they feel they must choose between accessing counselling and pursuing the justice they so deserve. The challenge, of course, is to strike an appropriate balance between protecting the privacy and dignity of complainants while safeguarding the constitutional right of an accused person to a fair trial. This is not an easy balance to achieve, but it is precisely because it is such a sensitive and complex issue that it deserves careful consideration and considered and comprehensive legislative scrutiny. The Minister said he has amendments coming forward on this, but we need to ensure that this legislation creates a strong presumption against the disclosure of counselling records unless the court is satisfied that disclosure is genuinely a necessity in the interest of justice. We need clear safeguards for this. We need robust protections and, above all, we need a system that recognises the unique vulnerability of victims of sexual violence. If we fail to get this right, the consequences could be fewer victims coming forward, fewer victims seeking support and a further erosion in confidence in the criminal justice system when it comes to these cases. That cannot be allowed to happen.

A second concern relates to the manner in which the legislation has been assembled. It is another miscellaneous provisions Bill containing a broad range of unrelated matters, including significant amendments relating to the Defence Forces powers. There are elements to those defence provisions that many of us support, particularly measures aimed at strengthening maritime security and protecting our territorial waters. Sinn Féin has for a long time argued that successive Governments have neglected Ireland's maritime security capabilities and that greater investment and stronger legal powers are required. However, it is difficult to understand why such significant defence matters have been attached to a miscellaneous provisions justice Bill at such a late stage in the legislative process. Those provisions were not part of the original scrutiny process. They were not examined by the committee with responsibility for defence matters. They raise important questions regarding oversight, accountability and the role of the Defence Forces in aid of the civil power. Regardless of whether one would support or oppose these measures, they deserve proper scrutiny in their own right and I hope we get the opportunity on Committee Stage to go through those that have not been gone through yet.

That broader issue speaks to a recurring problem in how legislation is brought before the House. I mean that in terms of the amount that is in one Bill and the different areas it covers, and being given enough time to actually get through these because sometimes Committee Stage can be cut short. I know the Minister tries to give as much time as possible to these, so when we have such a wide-ranging Bill, it would be nice to get a little bit of extra time. Complex and significant reforms are increasingly being bundled together in miscellaneous provisions Bills, limiting opportunities for detailed examination and reducing transparency in the legislation process. Good legislation requires time, engagement and scrutiny, like I already said. Nowhere is it more important than dealing with survivors of sexual violence. As the Bill progresses, Sinn Féin will continue to engage constructively. We will support measures that strengthen protections for victims and improve access to justice. We will also be seeking amendments, where necessary, particularly in relation to the counselling notes because survivors deserve legislation that reflects both the reality of the trauma and the need for justice. The ultimate objective must be a criminal justice system that protects victims, respects constitutional rights and encourages survivors to come forward with confidence.

I would not agree that gathering as many pieces together and moving them forward at once is actually a good approach, especially when it includes components it has been signalled may be introduced that have not had the proper pre-legislative scrutiny. I recognise that miscellaneous provisions legislation is a mechanism that has been used in the past, but I worry in general about the stretch of this. It worries me when elements that are known to be deeply controversial are being added into Bills that are long awaited. It reminds me of a move towards the American approach whereby attack drones and tax cuts get put in the same Bill as school meals and access to hospital equipment. This kind of amalgam involves things that people really want, and may have pressed for over a long period, being placed alongside something that is known to be controversial and, in some cases, deeply problematic for those same advocates. There is a practice as well - not solely here, as we have seen it at European level as well - of introducing omnibus Bills in which vast amounts of law are untangled at the same time. It creates challenges and issues in terms of proper scrutiny and proper decision-making. It may seem clever or convenient, but it does not make for really good laws that have very strong and clear parliamentary mandates. Rather, people feel painted into a corner. Another recent example of this was the Critical Infrastructure Bill. Everybody supports critical infrastructure, but we were told that if we wanted to support it, we had to accept dilutions of the climate law which were in the mix as well.

There are positive elements with this Bill that I acknowledge and welcome, which I am sure we will tease out. I want to recognise the work of others which led to this work. It is welcome that the Bill, in Part 15, includes provisions to disregard historical convictions for homosexuality. I recognise the work of a former Member of this House, Fintan Warfield, on that issue. The Bill addresses, in some sense, the provisions around sex for rent. I acknowledge that the Labour Party and others have really led in relation to this issue. It also includes practical provisions, such as those in relation to street furniture. There are, therefore, elements that are positive and need to be teased out. It is good to see them moving forward.

However, there are also really concerning components that need and, in some cases have not had, full, detailed evaluation. There are provisions that may seem to be small but are significant, like Part 2 in terms of the incapacitant spray for prison officers, which I am going to come back to in a moment. That is there without any appropriate provisions for monitoring and reporting on the use of it. Senator Ruane, who was part of the scrutiny of this, has recommended a provision around a human rights analysis of how that is used.

I note that Ireland is one of the few countries where prison officers do not use this spray and rely on capacity to manage and de-escalate conflict without the use of force or violence. Again, it is in keeping with the idea of Ireland being a place where the majority of gardaí are not equipped with weapons. It is about policing by consent and with buy-in from the community. That is something which should be valued and weighed very carefully. While the introduction of the spray is maybe with an eye to ensure greater safety in prisons, if we look at other jurisdictions, it does not seem to have positively impacted the level of violence in prisons but it has often negatively impacted and destabilised relationships between prison officers and prisoners. In a number of instances in the UK studies have shown disproportionate use of incapacitant sprays against minority communities in prisons, including Black, Muslim and disabled prisoners, which has the effect of normalising the use of violence against particular groups within the prison environment. There is a huge amount to be examined there. Simply allowing for it without proper measures in terms of monitoring and reporting risks a disimprovement at a time when the situation has been improving somewhat, in that the Irish Prison Service notes there has been a decrease in physical assaults by prisoners and aggressive and threatening incidents fell by 8% last year. Tools are being used that need to be deployed and the proposed benefit of this is something that, at a minimum, requires proper monitoring and regulation.

Part 5 allows for gardaí to arrest and seize property from individuals they suspect may be subject to an extradition request without a warrant. It very substantially extends the period they may be held in detention before any certificate would come from the Minister. There is concern in relation to that. Concerns have been highlighted about the provision of aid to the civil power, including the use of the Defence Forces. The point was well made that this is something the defence committee should have had the opportunity to examine. We do need to think about it in terms of scenarios whereby, for example, we know there will be an increase in public assemblies and demonstrations during Ireland's Presidency of the Council of the European Union. If there is deployment of members of the Defence Forces, there are concerns about how that is going to align with Ireland's human rights obligations. That is the kind of teasing out that could have been done with the proper scrutiny of this issue in both committees.

I also note the intention signalled to introduce amendments on the removal of face coverings. I note there are a number of reasons, including reasons of health and religion and the protection of privacy, where persons may wish to wear a face covering. There are already powers under section 5 relating to disorderly conduct, threatening behaviour and failure to comply with a direction to address behaviours that are problematic, but if simply having a face covering becomes a matter in itself, then there are very significant concerns in relation to that.

I will signal what is perhaps the most crucial issue, namely, the disclosure of counselling records. It is unacceptable that people would be asked to choose between healing and justice. The Minister knows that the joint committee focused intently on this issue. Members talked about the traumatic impact the disclosure of a person's counselling records can have on survivors of sexual violence. We talked about the decisions people make. We know how many people fail to seek justice in relation to sexual abuse and violence. We have a crisis of confidence among victims of sexual violence in the system. Rather than strengthening the confidence such victims would have in a system that has consistently failed them, which leads to an extraordinary level of under-reporting and under-prosecution of this kind of offence, we are in fact driving them further away from the seeking of justice. A complete ban on the use of counselling records is something the committee sought. It is a matter that will reflect very poorly on us in the future. It will have a chilling effect on justice. The Minister will not be surprised to hear that we will strongly oppose those elements on Committee Stage.

I was not expecting to be up so soon. I support many of the provisions the Minister is introducing in this Bill. We have been rolled into this House so many times regarding the extension of the permanent regulatory basis under which licensed premises may provide outdoor seating on public lands. The Government gave more than €20 million to provide the hospitality sector with outdoor seating during Covid. Every six months we had to come in here and extend the power, so I am absolutely delighted with this measure, which gives certainty to the sector.

I am a little bit concerned about a couple of things. The first is in light of the protests we had recently. I refer to the deployment of members of the Defence Forces as an aid to the civil power. Nobody wants to see civil unrest in this country but the Defence Forces do not want to be some sort of back-up riot squad either. There must be processes, checks and balances and standard operating procedures. On reflection, going back to the recent protest, maybe things would have been done differently if we could do them again. Things were said and the Defence Forces were called in. The decision might have been made differently if there were proper supports for An Garda Síochána at the time. I have an issue with that. That is one of my big concerns.

These miscellaneous provisions Bills are fantastic for bringing in all kinds of things. Is there anything the Minister can do in relation to the Criminal Law (Sexual Offences) Act? I do not know whether it can be amended or if this is it. I have asked for a debate in this House on the Escorts Ireland website, which advertises sexual services in breach of our legislation. There are more than 900 women advertised on this site every single day. There are human trafficking concerns. The women are often controlled by organised crime gangs that operate in the sex trade. These websites provide anonymity for the buyers and pimps. They are generating millions in profit. The Sexual Exploitation Research and Policy Institute has asked the Minister to take action. Perhaps this is something he might consider. I do not know whether he can add it to the Bill but it is something I certainly would like to see addressed swiftly. The Minister might advise me on whether he can include it. I broadly support the Bill.

I find this Bill an incredibly frustrating and cruel way to deal with legislation given the really good initiatives we have, such as the provision of redress for gay men by disregarding their historic convictions under the archaic laws that criminalised homosexuality in Ireland, which I wholeheartedly endorse. We have the ban on sex for rent, which I also wholeheartedly endorse, alongside some incredibly problematic measures such as the one on counselling notes, which is going to be the focus of my speaking time today.

When a victim comes forward to report a sexual assault or rape, it can be one of the most difficult times in their life. What lies ahead is physical examination, where appropriate, making statements to gardaí, an investigation and, if it is possible, a trial. We already know that so many victims and survivors do not come forward and the fact that people choose not to do so, in itself, represents a total failure of the justice system.

When a victim who has been through horrific sexual violence takes the courageous step to access counselling, that should always be done in complete confidence. Counselling notes are an issue of dignity, privacy and whether survivors can access support without fear of their most personal conversations later being scrutinised in a courtroom. Counselling is an essential part of recovery. It is where survivors begin processing their trauma and trying to rebuild their life, and where they try to regain the control over their lives that was taken from them through the sexual violence.

Under this new legislation, those confidential records can be subject to disclosure applications and can be used to challenge a survivor's credibility.

In February, the Minister promised to introduce a presumption of non-disclosure in respect of counselling notes but his proposals today do not provide that. There is no express presumption of non-disclosure because the provisions leave room for the courts to interpret them as not amounting to a statutory privilege. That is a major issue. I urge the Minister to reconsider and to provide an unambiguous statutory presumption of non-disclosure.

Dublin Rape Crisis Centre, DRCC, has identified serious concerns about the threshold for disclosure. Under the Bill, counselling notes can be disclosed not only if there is a risk regarding a fair trial but also on the nebulous ground of "otherwise in the interests of justice". I urge the Minister to reconsider this. DRCC has warned its retention in respect of counselling notes will facilitate continued routine applications for disclosure in sexual assault cases, even though we were promised that would not be the case. It is an horrific practice and we cannot allow it to continue.

The Irish Council for Psychotherapy has stated unequivocally that therapy notes are not evidentiary records; they are created with a confidential therapeutic relationship based on trust and safety. When that confidentiality is breached, trust in the entire process is undermined. Counselling notes created to facilitate healing are being weaponised routinely against victims. The decision not to take on board any of the recommendations from survivor groups and advocacy groups during the Dáil Stages of the Bill was incredibly disappointing for many survivors.

Another key gap is mandatory jury warning. Currently, counselling notes and applicable records can be used in trial, even though they contain basically opinions, summaries and interpretations by therapists. They are not intended as factual records of events and the jury must be made aware of their serious limitations as evidence. Therapy notes do not have a judicial purpose. Treating them as if they do fundamentally misunderstands their purpose. Counselling notes are not witness statements.

Evidence from front-line organisations tells us this needs to stop. The National Women's Council of Ireland has consistently highlighted how the disclosure of counselling notes acts as a barrier to reporting sexual violence and accessing support services. DRCC has described the practice as one of the most retraumatising aspects of the criminal justice process. Survivors repeatedly report feeling forced to choose between counselling and seeking justice. The provisions outlined will not see any improvements in that. We cannot be okay with this practice being continued. Confidential therapeutic notes are often sought not because they are evidence of a crime but because they undermine the credibility of a survivor.

It has broader consequences. If survivors fear seeking counselling could jeopardise a future prosecution, some will choose not to get counselling. If it is a question of seeking justice or overcoming traumatising events in life, they will not seek counselling. No survivor should be asked to sacrifice their mental health to preserve access to justice. It is time to end this harmful practice, to protect the confidentiality of counselling and to ensure survivors of sexual violence can pursue both recovery and justice without being forced to choose between them.

The Minister is welcome. I acknowledge the amount of work he does. He is always in here passing legislation and that has to be acknowledged. I support many of the overall aims of the Bill, particularly section 7 on protecting counselling records, but I am disappointed that such an important issue has been bundled into a miscellaneous provisions Bill alongside a range of unrelated matters. The question of counselling notes deserves legislation in its own right. For survivors of sexual violence and domestic abuse, these notes often contain their most private thoughts, fears and experiences. We have heard powerful stories and testimony from victims who felt retraumatised when deeply personal counselling records were disclosed and used in court. The Minister spoke about a presumption against disclosure yet there remain circumstances where disclosure may still occur. Will he outline the reasons for disclosure and the safeguards victims will have?

There are provisions in the Bill about which I have serious reservations. One such provision relates to the introduction of incapacity spray in prisons. Our prison system is under enormous pressure. The Irish Penal Reform Trust has repeatedly warned about deteriorating conditions, staff pressures and the impact overcrowding is having on prisoners and prison officers. The decision to introduce pepper spray into a volatile environment seems misguided. Is the Minister considering expanding capacity in prisons? That should be the first port of call before taking a more combative approach within the Prison Service.

I support aspects of the Bill but am disappointed there are so many issues lumped into one Bill. I intend to table amendments on the next Stage.

I thank Senators for their contributions. I am conscious that when I introduce a miscellaneous provisions Bill, there will be aspects Members will be supportive of and other aspects they will not be supportive of. That is the nature of a miscellaneous provisions Bill. We will have opportunities through votes on Committee Stage or Report Stage for people to set out their views on individual sections and provisions. Senators are not being deprived of the opportunity to make the political points they wish to make on each section. How long do I have?

Ten minutes.

Very good. Can I just deal----

Actually, as long as you like. My apologies.

That is very interesting.

The Minister can wax lyrical.

I will deal with some of the issues raised. Senators Harmon, Collins, Higgins, Stephenson and O'Reilly spoke on counselling notes. They all expressed support for other elements of the legislation, whether the criminalisation of sex for rent, the disregard scheme or other measures. I am conscious people generally focus on aspects they disagree with, as opposed to those they agree with. Counselling notes are an issue of concern, not just to those five Senators but to others as well. One thing we can all agree on is the current statutory provision is unacceptable. Everyone in Dáil Éireann agrees with that, everyone here agrees with that and everyone in the sector agrees with that.

The current statutory provision was put in place in 2017 when we tried to resolve this issue through legislative change. It is widely accepted that, notwithstanding the best efforts of Members of the Oireachtas at that time, this was not achieved because the measures introduced did not have an impact on reducing the provision of counselling notes to the defence in sexual assault or rape trials. I want to change that. The easiest thing for me to do would be to do nothing, say it is being considered and I am engaging with the sector and not make a decision on it. I am not prepared to do that because I believe the proposal I have made is the most appropriate and permissible statutory intervention I can make, taking into account the unambiguous advice I have received from the Attorney General.

At present, the provision of counselling notes under the statutory scheme sometimes happens on a routine basis. Part of the reason for that is the provision introduced in 2017 permitted the waiver of the requirement that counselling notes would be inspected. Consequently, for the purposes of getting a trial under way quickly, victims and complainants in such cases were waiving their right to seek a hearing on it. As a result of that, counselling notes were provided and irrelevant and inappropriate cross-examination was attempted for the purpose of trying to rely on the counselling notes.

I am changing that. The way I am changing it is, in the first instance, there must now be a hearing when an accused or the prosecution are seeking access to and use of counselling notes. What will happen under the statutory scheme I have put in place is that a judge will be required to look at the counselling notes and see if there is anything in them that is relevant. The judge will have to determine whether, if he does not disclose the counselling note to the accused, or indeed the prosecution, there will be an unfair trial and whether it is in the interests of justice.

I, as Minister for justice, and Senators, as Member of the Oireachtas, have to take into account that we are dealing with a sensitive and complex issue.

On the one hand, we are dealing with the right to privacy that people have when they go to counselling to ensure their counselling account and narrative are protected. On the other hand, I also have to take into account the right to a fair trial. Sometimes, infrequently, those two rights will conflict. In this legislation, I have to ensure that when those two rights do conflict, there is a fair statutory mechanism to resolve that conflict.

I want people in this House to know that I have introduced a scheme that is slanted as much as possible in favour of the right to privacy, as opposed to the right to a fair trial, as far as I can. I cannot go any further. If I go any further in this regard, as has been suggested by Senators Higgins, Collins and Stephenson, and introduce legislation saying that there is no entitlement to use counselling notes in a criminal prosecution or defence case, what would happen is that individuals would challenge that on the grounds that they would say they are being deprived of the right to fair procedure and that it is constitutionally impermissible to just categorise one section or category of evidence and say there can never be access to it. There could be something within a counselling note that is highly relevant to the guilt or innocence of the accused. There could be something in a counselling note that a jury should be aware of or that a person should be entitled to raise questions about, whether it be the prosecution or the accused.

As I said, I had the opportunity to engage with Ciara Mangan and Beyond Surviving a number of weeks ago. I have spoken to many of the people involved in the sector. People have spoken about the Dublin Rape Crisis Centre. Rape Crisis Ireland knows that the proposal I am putting forward is appropriate. Other people recognise that as well. We also need to take into account that there is not one homogeneous view among survivors within the community. People have different views. One of the most interesting points made to me by the people from Beyond Surviving, and this is something that I should have emphasised and should be emphasising more, is that counselling notes can be very beneficial in the prosecution of an offence of rape or sexual assault. It sometimes happens that a complainant does not make a complaint until many years after the event occurred. That can be for reasons of trauma. What was pointed out to me is that there are very many advantages in a complainant in a court process being able to say they went to counselling two or three weeks after the event and the counselling notes completely record what they said at the time, which corroborates what they are saying now. We need to recognise that this is not a simple issue. I fully appreciate that. There is an advantage, however, in having access to the counselling notes for the prosecution in criminal trials, and this is something that needs to be reflected on.

One of the Senators asked where the presumption of non-disclosure is. It is on page 23 of the Bill, in the change I am introducing into section 19A(11) of the Criminal Evidence Act 1992, where it is stated that, "Subject to subsection (12), a court shall not, after the hearing referred to in subsection (8), order disclosure of the content of the applicable record concerned to the accused, and where applicable, the prosecutor, unless the court is satisfied" that "the record is likely to be relevant". The issue of an unfair trial and the interest of justice is then set out. That is the presumption of non-disclosure. Any judge reading this section when an application is made will know that he or she shall not disclose the content of the record unless these provisions apply. This is what is known in legal terminology as a "presumption of non-disclosure". One thing I am certain of is that the legislation that is enacted and commenced - obviously, I will listen to what Senators have to say on Committee and Report Stages - will be significantly better from the point of view of victims before our courts than the statutory scheme is at present.

I note that Senator McDowell welcomed the fact that there are diverse categories of miscellaneous provisions. It is a real advantage to a Minister to have this type of mechanism to bring forward so many different legislative proposals. He said it is important that the other legislative proposals or schemes being amended are amended accordingly. That is important. The Law Reform Commission does an excellent job in consolidating and updating legislation. In effect, this Bill, although it is called "miscellaneous provisions" legislation, seeks to amend the Firearms Act 1925, the Criminal Evidence Act 1992, the Extradition Act 1965, the Defence Act 1954, the Criminal Justice (Theft and Fraud Offences) Act 2001, the European Arrest Warrant Act 2003, the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 and the International Criminal Court Act 2006. The great advantage of a miscellaneous provisions Bill is that there is a whole body of legislation out there that needs to be amended in some certain ways and this is being done through this legislation.

In respect of the disregard scheme, I could have waited and said that we would not put the scheme into a miscellaneous provisions Bill and that we would wait for a separate Bill, but it would have taken at least another 18 months to two years to get it done. Things move on in politics and other priorities come onto the agenda. One of the things Senators will notice when they all become Ministers is that when they look at what is achievable, not everything can be done at the same time. If you get an opportunity to do something, my advice is to do it.

Other criticisms were made by Senator Collins in respect of my limiting the opportunity for the Oireachtas to give this legislation detailed examination. We go through a very detailed process of trying to change the law. First, in the Government Department where the Minister is proposing a change to the law, a proposal goes through lengthy policy consideration. It then goes to the Attorney General's office, where, before we even get to the drafting, we get legal advice in respect of the policy issues arising from the proposals. These are two very vigorous opportunities for detailed examination of legislation. It may not be by the Houses, but certainly internally by the Minister. There is then pre-legislative scrutiny before the relevant committee. A Bill is then introduced for the five Stages in Dáil Éireann. It then comes to the Seanad, and then goes back to the Dáil. We do, therefore, get an opportunity in Ireland to consider legislation very clearly.

I disagree with Senator Higgins's suggestion that this is a US-style Bill. It is not. It is a miscellaneous provisions Bill. We have had them for many years. I have tried to include as many provisions in it as I can, but it is certainly not like the vast Bills we see in America. Senator Higgins also misstated the provision in respect of face coverings. It is not going to be illegal if someone is wearing a face covering for health, religious or privacy reasons. The only reason someone will be required, under the proposed amendment to the public order Act, to remove a face covering is if the covering is being worn for the purpose of evading detection for the commission of a criminal offence.

Senator Keogan and other Senators mentioned the Defence Act legislation. I think it is worthwhile and will be an improvement to have that provision on a statutory basis. At present, the Garda sends a form called a C70 to the Defence Forces. A couple are sent to the Defence Forces every week. This can include when there is an explosive device that the Garda is concerned about. It was sometimes used for the transfer of money between banks. It was used recently in the context of the protest in trying to assist with the removal of trucks. It happens all the time and there is nothing bizarre about it. I think it is worthwhile putting it on a statutory basis.

I will look into the issue Senator Keogan raised about Escort Ireland. Prostitution, the purchase of sex in Ireland, is illegal, and that is something that has been maintained, notwithstanding the fact that others wanted me to consider changing it.

I disagree with Senator Stephenson's categorisation that this is a very cruel way to deal with legislation. It is important that we consider it. Everyone has an opportunity. The Senators here are highly intelligent and highly effective legislators, as is the case in the Dáil. Everyone reads and can see what is coming forward, and everyone can and does get an opportunity to speak.

I heard what Senator O'Reilly said in respect of incapacitant spray. I have visited all the prisons in Ireland since I have been Minister, except one, the Midlands Prison, and I will be visiting it shortly. I commend the Irish Prison Service on the outstanding work it does. Every time I go to a prison, I ensure that I meet prisoners as well. A good relationship exists, in very difficult circumstances, between prisoners and prison officers. There is real skill in being a prison officer. It requires good psychological understanding of people's vulnerabilities and difficulties, and I am pleased to say Irish prison officers do this on a consistently effective basis.

Nonetheless, I will not permit a situation to develop where prison officers can be exposed to violence. Fortunately, levels are low but I will not permit a situation to arise where a prison officer will be without sufficient capacity to defend himself or herself if they are subjected to violence, and that is the same with gardaí.

I thank the Senators for their contributions.

I thank the Minister. Before concluding, I welcome some very special guests to the Visitors Gallery. We have a group of students and teachers from the Presentation Girls’ School, Maynooth, County Kildare. I see a group of very bright young women. Welcome to the Seanad Chamber. They are guests of Deputy Naoise Ó Cearúil. As is customary, there will be no homework for the rest of the week. I hope they enjoy the rest of their visit.

When is it proposed to take Committee Stage?

Next Tuesday.

Is that agreed? Agreed.

When is it proposed to sit again?

Next Tuesday at 1.30 p.m.

Is that agreed? Agreed.