Jim O'Callaghan, Minister for Justice, Home Affairs and Migration: Tairgim: "Go léifear an Bille an Dara hUair anois." I move: "That the Bill be now read a Second Time."

Tá áthas orm an Bille a chur i láthair sa Teach. I am pleased to introduce Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026. The Bill introduces important reforms to our criminal law and civil law across a broad range of areas and delivers on several programme for Government commitments. While miscellaneous provisions Bills often lack the unifying theme of other Bills, three primary themes emerge from the provisions of this Bill: procedural reforms to support a more responsive and efficient justice system; addressing issues relating to penal policy and prisons; and reforming aspects of the law in relation to sexual offences and sexually exploitative behaviours. The Bill responds to a range of challenges for the criminal justice system in particular, including severe prison overcrowding and an increase in violent incidents; the exploitative practice of seeking sexual activity in lieu of rent; and the need to restrict the disclosure of counselling records in sexual offence trials.

I will begin with the various procedural reforms for the criminal justice system that this Bill introduces. The Bill enables bail bonds and suspended sentence bonds to be taken by gardaí and prison officers, respectively, where a person participates in the hearing from custody. This will better facilitate videolink participation in court hearings by persons in custody and free up the time of front-line gardai and prison officers by reducing the need to convey persons in custody to and from the court

The Bill also enables garda staff to certify custody of exhibits used as evidence in criminal proceedings. This will aid in freeing up gardaí for core policing duties, in line with long-standing policies on the civilianisation of non-core Garda functions.

Additionally, the Bill lowers the minimum rank of Garda that may apply to court for antisocial behaviour orders in respects of children and adults.

While these provisions may in themselves appear modest, cumulatively they have the potential to make an important difference by saving on the time of gardaí and prison officers in particular. I should add that I plan to introduce, by way of amendment to the Bill, further procedural reforms on Committee Stage, including the expanded use of remote hearings in criminal proceedings and the electronic transmission of documents in such proceedings. These measures will allow -----

Deputy Ruth Coppinger: Sorry, a Cheann Comhairle. Is the speech available?

An Ceann Comhairle: We have just asked the usher for the speech.

Jim O'Callaghan, Deputy Jim O'Callaghan: These measures will allow the courts to bring a more flexible and efficient approach to such proceedings and save further time for gardaí, prison officers and other court users.

The Bill also provides for reforms in respect of prisons and penal policy. It supports the programme for Government commitment to extend the use of community sanctions by obliging the courts to consider a community service order in lieu of a prison sentence of up to 24 months duration - the current such threshold being 12 months - and doubling from 240 to 480 hours the number of hours of community service that may be prescribed in such an order. The court will also be required to give reasons where it considers that a community service order should not be made in such a case.

There are many offences with penalties of up to 24 months imprisonment where the offender poses no risk to the community and where the public interest may be better served by a person undertaking community service rather than being put in prison. This is particularly so at a time of serious capacity pressures on our prisons. Every case that results in a community service order will help to free up prison spaces for offenders who genuinely warrant imprisonment.

While greater use of community sanctions has a role to play in resolving prison overcrowding, I of course accept that it cannot be the only solution. The very large and sustained increases in the Irish population warrant a proportionate increase in prison capacity and the Government is taking the necessary action. As part of the national development plan, €495 million will be invested in building projects to deliver on a plan to build over 1,500 prison spaces by 2031. This will be the largest ever building programme on the prison estate.

In the meantime, however, overcrowding is causing a range of issues for our prisons, including an increase in violent incidents. While such violence has always been a risk factor in prisons, the situation now demands a response and it is in this context that the Bill includes provisions to remove the legal barrier to the possession and use of incapacitant sprays by prison officers.

The Bill provides that the use of such sprays will be permitted only in accordance with such provision as may be made by me as Minister under the prison rules. Their use will be further underpinned by mandatory policies and procedures along with bespoke training for prison officers, to further ensure that these devices are used appropriately and in line with all applicable health and safety and human rights considerations.

The Bill also contains important measures in relation to victims and potential victims of sexual violence and exploitation. I will focus first on the issue of counselling notes. I want to begin by acknowledging the distress that the disclosure of such personal and sensitive information can cause. As Deputies will be aware, section 19A of the Criminal Evidence Act 1992 was drafted with the intention of ensuring an appropriate balance between an accused’s right to a fair trial and a complainant’s right to privacy. It permits an accused person to make an application to the court for the disclosure of counselling records, but also allows the complainant to object to such disclosure, triggering a disclosure hearing. It also allows the complainant to waive their right to such a hearing.

Over time, it has become clear that section 19A has not operated as intended. Complainants feel pressured to agree to the waiver, with the result that records are routinely released without judicial oversight. The Bill therefore deletes the waiver provision....

[Click here to read the full debate on the Oireachtas website]