Ministers McEntee and Browne welcome passage of the Courts, Civil Law, Criminal Law and Superannuation (Misc. Provisions) Bill

Minister for Justice Helen McEntee TD and Minister for State with responsibility for International Law, Law Reform and Youth Justice, James Browne TD have welcomed the passage of the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 by both Houses of the Oireachtas today.

The Bill will allow for an increase in the mandatory retirement for uniformed public servants, including members of An Garda Síochána, Prison Officers and the Defence Forces, from 60 to 62 years of age, for those who wish to avail of it

Minister McEntee said:

“I am pleased to see the passage of this significant piece of legislation through the Houses of the Oireachtas.

“Our uniformed public servants serve such an important role in communities across the country the increase in the mandatory retirement age will allow for continued service to age 62 for those who wish to avail of it.”

The Bill will also increase the maximum fines payable by airline and ferry companies where they allow someone to travel into the State without proper documentation.

Minister McEntee said:

“We will increase the fines payable by carriers if they do not comply with their obligations to ensure that passengers have appropriate documentation when embarking on a journey. My Department is working closely with carriers to support them in these obligations, including through the provision of training.

“In addition to this, GNIB and the Border Management Unit have carried out over 3,700 doorstep operations at Dublin Airport to the end of June this year, resulting in a number of detections and prosecutions for immigration offences. These measures are crucial in deterring irregular migration and maintaining the integrity of our immigration system.”

The Bill restores the power of the Minister to revoke certificates of naturalisation. The Damache Judgement in the Supreme Court found the process lacked necessary safeguards.

The circumstances in which certificates can be revoked remains unchanged and include where a person poses a security risk to the State or where citizenship was obtained through fraudulent means.

On this point, Minister McEntee added:

“This power is used sparingly and has been used less than ten times in total from 1956 to-date. The revocation of Irish citizenship is only undertaken in the most serious of circumstances, including on grounds of fraud, deception and national security.”

The Bill will also increase the maximum penalties upon conviction on indictment for the following four knife-related offences;

• Possession in a public place of an article intended to cause injury to, incapacitate or intimidate a person

• Trespass with a knife, weapon of offence or other article which has a blade or sharp point

• Production of an article capable of inflicting serious injury

• Manufacture, sale, hire etc of offensive weapons (of such description as may be specified by Ministerial order)

Minister McEntee continued;

“Knife crime is a serious criminal offence and with the sentencing increases we are introducing, we are ensuring that the consequences are equally serious.

“I have also doubled the maximum sentence for assault causing harm, increased the maximum sentence for conspiracy to murder to life, and increase the maximum sentence for assaulting a peace officer.”

Minister of State James Browne said;

“I established a subgroup of the Anti-Social Behaviour Forum to examine the specific issues of knife possession and knife crime. They have recommended an increase in maximum sentences for possession, production, manufacture and sale of or trespass with a knife or weapon and I am glad to see this important legislation pass, appropriately reflecting the seriousness of knife crime and will allow a wider range of sentencing options for the judiciary to address these offences.

“Safeguarding young people from engaging in criminal activity is a top priority for this Government. This is also reflected in our passage of the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024 earlier this year, which made it an offence for an adult to either force or encourage children to engage in any criminal activity.”

The Bill also includes a number of amendments to the Judicial Council Act 2019 to provide for changes to the personal injuries guidelines to address issues identified by the Supreme Court in the recent Delaney case.

ENDS

Notes to editors

Provisions of the Bill:

Part 1 – Preliminary and General

Section 1 contains the standard commencement provisions.

Part 2 – Number of Ordinary Judges of Court of Appeal

Part 2 will provide for an increase in the maximum number of judges in the Court of Appeal by one to allow for the establishment of a Tribunal of Inquiry for the Defence Forces.

Part 3 – Amendment of Irish Nationality and Citizenship Act 1956

Part 3 provides for electronic service of notices under the Act and also restores the power of the Minister for Justice to revoke certificates of naturalisation in extremely limited circumstances subject to increased safeguards.

Part 4 – Amendment of the Immigration Act 2003

This Part will amend the Immigration Act 2003 to increase Carrier Liability Fines by providing for a Class A fine to be imposed on carriers who commit an offence under the terms of the Act. This provides for a maximum fine of €5,000.

Part 5 – Amendment of the International Protection Act 2015

The sections in this Part of the Bill make changes to the inadmissibility procedure, and related provisions, to improve safeguards on foot of a High Court ruling in March 2024; the criteria for ordinary membership of IPAT is also decreased from five to two years’ experience as a practising solicitor or barrister; a new subsection is inserted to disapply the obligation to issue a deportation or return order where doing so is impracticable as the person concerned has obtained another form of permission independently of their international protection claim.

Part 6 - Amendment of the Judicial Council Act 2019

Part 6 make a number of amendments to the Judicial Council Act 2019:

1. The Supreme Court judgment in Delaney [2024] IESC 10 has implications for the personal injuries guidelines established in accordance with the Judicial Council Act 2019. This Part of the Bill will provide that personal injuries guidelines in force immediately before the coming into operation of this Bill shall, notwithstanding the provisions of the Act, continue in force without amendment until amendments to the guidelines are adopted under the revised procedures specified in the Bill.

2. To provide that any new version of the personal injuries guidelines adopted by the Judicial Council will be approved by resolution by each House of the Oireachtas, thereby addressing further issues raised in Delaney [2024] IESC 10;

3. This section provides that the Board of the Judicial Council shall prepare and make a scheme for the granting of superannuation benefits to the Secretary to the Council.

Part 7 – Amendment of the Broadcasting Act 2009

The sections in this Part of the Bill provides for a technical amendment to update the definition of “electronic communications network” in the Broadcasting Act 2009, as per the European Electronic Communications Code (Directive (EU) 2018/1972). Additionally, these amendments to the Broadcasting Act 2009 extend the existing powers of Coimisiún na Meán under Part 8B of the Broadcasting Act to investigate and impose sanctions to include infringements under EU Regulation 2021/784 on addressing the dissemination of Terrorist Content Online.

Part 8 – Amendment of the Judicial Appointments Commission Act 2023

This section provides for the Director of the Judicial Appointments Commission to be a civil servant in the Civil Service of the State.

Part 9 – Amendment of the Firearms and Offensive Weapons Act 1990

Part 9 will amend the Firearms and Offensive Weapons Act 1990 to increase the maximum penalties upon conviction on indictment for the following four knife-related offences:

Provision of Act of 1990 Offence Current Maximum Penalty Proposed Maximum Penalty

Section 9(5) Possession in a public place of an article intended to cause injury to, incapacitate or intimidate a person 5 years 7 years

Section 10 Trespass with a knife, weapon of offence or other article which has a blade or sharp point 5 years 7 years

Section 11 Production of an article capable of inflicting serious injury 5 years 7 years

Section 12 Manufacture, sale, hire etc of offensive weapons (of such description as may be specified by Ministerial order) 7 years 10 years

These changes were recommended by the multi-stakeholder knife-crime offences subgroup of the Anti-Social Behaviour Forum, which was established by Ministers McEntee and Browne in response to increased concern regarding the possession of knives for criminal purposes and whose membership comprised representatives of the justice and community sectors.

Part 10 – Miscellaneous Amendments

There are two amendments in this section:

• The first provides for amendment of section 23(5) of the European Arrest Warrant Act 2003, as substituted by section 16(a) of the European Arrest Warrant (Amendment) Act 2024 to correct a typographical error identified within the substituted text of section 23(5).

• The second provides for amendment of section 38(1)(h) of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 to correct two typographical errors identified within the text of that section.

Part 11 – Superannuation

Part 11 will facilitate an increase in the mandatory retirement age for uniformed public servants from 60 to 62 years, within the context of the Department of Public Expenditure, NDP Delivery and Reform’s fast accrual pensions policy.