Latest news with #Miscellaneous
The Journal
06-05-2025
- Politics
- The Journal
Bill to outlaw sex for rent and give gardaí power to remove protesters' masks approved by government
JUSTICE MINISTER JIM O'Callaghan has received Cabinet approval for legislation that includes the criminalisation of sex-for-rent arrangements, as well as measures that will impact sexual assault trials and the wearing of masks at protests. The General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 will now be referred to the Justice Committee for pre-legislative scrutiny, the Department of Justice said. Once the Committee's report is received by Cabinet, 'work on finalising the Bill will be prioritised', the Department said in a statement. Sex for rent The proposed legislation would introduce two specific criminal offences concerning sex for rent. Those offences will be offering accommodation in exchange for sex and the advertising of accommodation in exchange for sex. There will be no need for complainants to prove that sexual activity has occurred and the proposed penalty is a fine of €5,000. The Department said the provisions would cover both rental agreements between landlords and tenants, and 'rent-a-room' situations. 'Any attempt by accommodation providers to exploit their position and prey on vulnerable individuals through these arrangements is completely unacceptable,' O'Callaghan said in a statement. He described such arrangements as 'an appalling abuse of power by unscrupulous individuals'. While O'Callaghan said this was 'a complex issue to legislate for' he insisted that car had been taken 'to ensure that the offences are clear, precise and limited in scope'. 'I am satisfied the provisions are workable and constitutionally sound, and do not create any unintended consequences such as inadvertently criminalising consensual relationships.' Counsellor notes Another element of the proposed legislation is an amendment that would affect the disclosure of counselling notes in cases involving sexual assault. As it stands, notes from the counselling sessions of survivors of sexual assault can be released to the defence in pre-trial disclosures if the court deems the content materially relevant to the case. 'I am fully aware of the distress and re-victimisation that disclosure of counselling records can have on complainants in sexual assault trials,' O'Callaghan said. Advertisement He said that reforms to the law made in 2017 have 'not operated as intended'. 'I am therefore proposing to amend the existing legislation by requiring that a disclosure hearing takes place in all cases and removing the provision that allows for this step to be waived,' O'Callaghan said. He also noted that complainants have described feeling compelled to waive disclosure hearings because 'they don't want to risk a successful prosecution or delay a trial'. 'This amendment will ensure that the original intention of the legislation will apply,' said O'Callaghan. 'However, I am continuing to look at how we might further limit release of these records as I recognise that disclosure hearings can be extremely difficult for complainants.' Masks The Bill will also give gardaí the power to require people to remove a face covering when they reasonably expect that it is being worn in order to intimidate or conceal a person's identity when intending to commit a crime. The Department said this will serve as 'a deterrent against disorderly conduct and intimidation at protests and in other public places'. The proposal has been criticised by People Before Profit and the Irish Council for Civil Liberties. TD Paul Murphy called it a 'worrying threat to the right of people to privacy, and their right to protest'. 'While people have the right to protest and that right must be respected, it is subject to the rights of others in our community,' O'Callaghan said, adding that striking that balance was a complex task for gardaí. 'It has become apparent that some protesters are covering their faces in an obvious effort to alarm and intimidate individuals in various scenarios or to avoid detection when committing a criminal offence.' Murphy said: 'We are seeing a general push against the right to privacy and the right to protest in the EU and elsewhere. Murphy said this was 'Black Mirror type stuff', and pointed to 'the German state criminalising protesters for speaking as Gaeilge', and the growing use of technology like AI and facial recognition to monitor ordinary citizens engaging in demonstrations. 'Protesters are not criminals and should not be treated as such. They have the right to wear a protective mask, scarf, religious face covering or sun-glasses without facing the threat of criminal charges.' Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Irish Daily Mirror
06-05-2025
- Politics
- Irish Daily Mirror
Cabinet to discuss criminalising sex for rent and counselling notes in trials
Offering accommodation in exchange for sex will become a criminal offence under plans to be discussed by Cabinet this Tuesday afternoon. It follows a commitment in the Programme for Government to criminalise those who seek sex for rent. Justice Minister Jim O'Callaghan will inform Cabinet of plans to address what has been branded as "highly exploitative behaviour by the introduction of two specific criminal offences". This includes offering accommodation in exchange for sex and the advertising of accommodation in exchange for sex. The provisions encompass both tenancies and licence arrangements. The proposed penalty is a class A fine. This carries a maximum penalty of €5,000. It is hoped that this will provide "increased protections for vulnerable individuals," as well as a potential deterrent to landlords or property owners currently engaging in such behaviour. The General Scheme of Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 will also address the use of counselling records in sexual offence trials. Victims have campaigned for this to be banned. However, the proposed changes from Mr O'Callaghan do not go this far. Cabinet will hear that laws that allow counselling notes to be used were "designed to strike a balance between two competing rights", including the victim's right to personal privacy and the accused person's right to a fair trial. Mr O'Callaghan will argue that it has become evident that the section is not operating as intended and that victims feel pressure to waive their right to a disclosure hearing. Under the new plans, a judicial examination of the counselling records and a subsequent disclosure hearing will automatically take place wherever the accused seeks such records. The change also seeks to "limit" the occasions when counselling notes can be used, stating they can only be disclosed when there is "a real risk of an unfair trial". Taoiseach Micheál Martin, meanwhile, will bring the latest report from the National Economic and Social Council, the body tasked with providing him with strategic policy advice. The report is 'Deepening Compact Growth in Ireland'. The report recommended reviewing development incentives "with a view to providing stronger incentives for brownfield development" and "increasing public investment to unlock land suited for compact growth". It also calls for more flexible rent controls to support increased supply, as well as urging the Government to continue to seek reductions in the construction costs of apartments as well as houses and increasing investment in cost-rental homes. Minister for Health Jennifer Carroll MacNeill and Mary Butler, the Minister for Mental Health, meanwhile, will inform Cabinet that the suicide rate has reduced by a quarter and is now the 11th lowest in the EU, according to the most recent official figures. Preliminary figures for 2023 record 302 deaths, the lowest preliminary figure for over 20 years. Between 2000 and 2021, Ireland saw a 28 per cent reduction in the suicide rate, falling from 12.9 per 100,000 in 2000 to 9.2 per 100,000 in 2021. Cabinet will also be advised that previous self-harm remains the biggest risk factor for suicide, and that National Suicide Research Foundation Self-Harm Registry data highlights that between 2010 and 2023, self-harm rates decreased by 12 per cent. A strategy to further reduce self-harm and suicide will be completed by the end of the year. Finance Minister Paschal Donohoe and Public Expenditure Minister Jack Chambers will bring the Annual Programme Report (APR) to Cabinet, which has replaced the annual Stability Programme Update. Tánaiste Simon Harris will update ministers on the latest developments on trade, including ongoing negotiations between the EU and US, as well as the "accelerated" ratification of the EU-Canada trade deal, known as CETA. The approach proposed would enable ratification not just of CETA but also of other EU-third country Investment Protection Agreements with similar models of investor-State arbitration schemes, such as Singapore and Chile. Higher Education Minister James Lawless will inform Cabinet of his intention to sign the European Quantum Pact, a joint declaration by EU science ministers recognising the transformative potential of quantum technologies for Europe's scientific, industrial, and strategic future.
