Archives

Government Approval Secured – Progressing Guardianship Rights.

The Irish Cabinet have granted approval to progress legislation to commence the drafting of legislation that will, in certain situations, remove guardianship rights from individuals convicted of killing their partner or the other parent of their child.

The issues around guardianship of children in a scenario where one parent or guardian kills the other, should not be regarded as a matter of private law between the families concerned but, instead, should be regarded as a child protection and welfare issue arising in the public law area.

The proposed legislation delivers on the Programme for Government commitment to “examine proposals to remove guardianship rights from those convicted of killing their partners or a parent of their child”. It is part of the ongoing work to implement appropriate recommendations from the Study on Familicide and Domestic and Family Violence Death Reviews.

This General Scheme of the Guardianship of Infants (Amendment) Bill 2025, which will be referred to the relevant Joint Oireachtas Committee for pre-legislative scrutiny, is intended to prevent vulnerable children from further trauma, to provide clarity for surviving family members, and to prevent perpetrators from maintaining control over these children’s lives.

The proposed legislation allows for an application to court within six months of the conviction of a parent or guardian of a child for murder or manslaughter of another parent or guardian of the child. On this application the court will make an order removing or confirming the convicted parent or guardian. The legislation will not be retrospective.

Following pre-legislative scrutiny, drafting of the Guardianship of Infants (Amendment) Bill 2025 along the lines of the General Scheme will commence.

Policing, Security and Community Safety Act 2024.

Ms Emily Logan Ireland’s first Police Ombudsman.

Meanwhile today, also saw the commencement of the landmark Policing, Security and Community Safety Act 2024.

The office holders, senior leaders, Board and Authority members to these new and reformed bodies will now formally take up their appointments and roles.

Today, President M.D. Higgins appointed Ms Emily Logan as Ireland’s first Police Ombudsman, nominated by the government, following an open competition undertaken by the Public Appointments Service.

The commencement of the Act follows the establishment of new Votes for the Policing and Community Safety Authority and Fiosrú – The Office of the Police Ombudsman on Tuesday. Dáil approval was required for the allocation of funds to the two bodies through a Revised Estimate and a motion was brought by the Minister before the Dáil, to approve the allocations.

Ireland Attends Major European Border Security Summit.

  • Focuses on the fight against Organised Immigration Crime in Europe and globally.
  • Government commits to work with other countries, in an effort to tackle such forms of organised crime.

Minister for Justice Mr Jim O’Callaghan TD has yesterday (Monday) attended a major Border Security Summit, attended by over 40 countries and hosted by the Prime Minister Sir Keir Starmer MP, and the Home Secretary of the United Kingdom, the Right Honourable Ms Yvette Cooper MP; meeting in London.

The focus of the event is on Organised Immigration Crime and it brings together Ministers from a number of EU Member States and other European countries, as well as US, African, Asian and Middle Eastern representatives.
Social media operators also attended. It aims to collectively determine the best ways to combat the criminal networks facilitating organised immigration crime and migrant smuggling, which represent a growing issue, threatening the collective Border Security in Europe and globally.

Organised Immigration Crime involves organised criminal groups exploiting vulnerable migrants by smuggling them across borders for profit. Smuggled migrants face extreme dangers that can lead to death by suffocation or drownings at sea.

‘Border Security Summit’:
Organised Immigration Crime will remain focused on three main areas, over the two day period:

  • Supply Routes & Enablers – Discussion of equipment, infrastructure and fraudulent documents being used by organised crime groups.
  • Criminal Finances – Expanding the “follow the money” strategy globally to dismantle the financial incentives for organised crime.
  • Online Environment – Building global consensus on tackling organised crime groups’ recruitment and advertising online.

Minister O’Callaghan restated the Irish Government’s commitment to fighting Organised Immigration Crime.

Review Of Legislation Criminalising Purchase Of Sex Completed.

  • Cabinet approval secured to publish review of legislation that made it illegal to purchase sex but legal to sell sex.
  • Review highlights challenges facing An Garda Síochána and DPP in enforcing this legislation.

Cabinet approval has been secured to publish a review of the legislation that deals with the purchase of sexual services.

The Criminal Law (Sexual Offences) Act 2017 decriminalised the sale of sex, criminalised the purchase of sex, and increased the penalty provided for brothel keeping. The legislation was designed to shift the legal burden towards those who buy sex rather than the sellers, aiming to protect those most at risk within the sex industry.

The Review of the Operation of Section 7A of the Criminal Law (Sexual Offences) Act 1993, identifies areas for improvement which would allow the legislation to work better and achieve its aim of deterring the demand for commercial sex, which is linked to both sexual exploitation and human trafficking.

Here in Ireland, it is legal to sell sex, but illegal to purchase sex. This means that individuals involved in the sale of sex are no longer criminalised.
Prostitution is inherently exploitative of vulnerable persons, mainly women and girls, and many people are forced into prostitution, through trafficking, drug addiction, homelessness and poverty.

This Review has been much anticipated by stakeholders in the domestic, sexual and gender-based violence (DSGBV) sector and others, and is published today.

Among its findings, this review highlights challenges to the effective enforcement of the legislation in its current form, with An Garda Síochána and the Office of the Director of Public Prosecutions noting significant barriers. These include limited power of arrest for detention and questioning, the requirement of an admission of guilt and challenges in prosecution, due to the necessary ‘proofs’ required.

It also finds that the ability to successfully support and protect is hindered by a lack of culturally appropriate support services, including healthcare, social welfare, gender specific housing for women, and clear exit routes.

This review also notes that the prevalence of human trafficking among those involved in the sale of sex in Ireland is not fully known and the lack of reliable data is cited by both advocates for and opponents of section 7A.

The key focus on this issue is to seek to reduce demand, protect those involved in the sex trade, and support those who wish to exit.

The Review highlights that despite the criminalisation of the purchase of sexual services, demand has not decreased. The Review also points to recommendations to address this through awareness-raising; these are mirrored in the Programme for Government and the Zero Tolerance Strategy.

Certain recommendations will be considered in respect of law enforcement, and officials are consulting with An Garda Síochána, in this regard.

According to An Garda Síochána, the DPP had directed 161 prosecutions for the offence of ‘Payment etc. for Sexual Activity with a Prostitute’, from January 2017 up to August 2024.
Over that period, our police service recorded 15 convictions under this legislation.

This report is now available HERE

Statement On Conclusion Of DNA Testing On Human Remains Recovered By ICLVR.

Statement On conclusion Of DNA Testing On Human Remains Recovered By ICLVR.

The Minister for Justice, Mr Jim O’Callaghan TD, has expressed his disappointment today following confirmation that the human remains recovered recently by the Independent Commission for the Location of Victims’ Remains in Co. Monaghan are not those of Mr Joe Lynskey.

Minister O’Callaghan said: “When the Commission announced that unidentified remains had been found following an exhumation late last year, we all hoped that they would be identified as those of Joe Lynskey. I held hope that the Lynskey family would finally be able to lay him to rest. I am saddened that this is not the case.
Today, my thoughts again are with the Lynskey family who have had to endure this particular cruelty for over 50 years.

I would also acknowledge that this experience has been distressing for the family whose grave was opened in order to carry out the exhumation and I am thankful for their understanding in such difficult circumstances.
I want also to commend the dedicated and ceaseless humanitarian work of the Independent Commission for the Location of Victims’ Remains. I assure them and the families of the Disappeared of my and the Government’s support for their ongoing work.
The Commission will continue its vital work and I appeal again, today, to anyone with any information that could help the families of Columba McVeigh, Joe Lynskey, Robert Nairac and Seamus Maguire to share this information with the Commissi
on now.

The Independent Commission for the Location of Victims Remains (ICLVR) has also issued the following statement: “In an effort to locate the remains of Joe Lynskey, one of the Disappeared who went missing in the summer of 1972, human remains were exhumed from a grave in Annyalla Cemetery, Co Monaghan on 26 November 2024.
The results of the DNA examination of the remains have now eliminated them as being those of the family to whom the grave belongs and now also eliminated them as being those of Joe Lynskey or any of the Disappeared.
All the interested parties including the Lynskey family have been informed.
We know that this news is deeply disappointing for the Lynskey family and the thoughts of everyone in the Commission are with them at this most difficult time.
We are also conscious that this was a distressing experience for the family whose grave was opened to facilitate the exhumation.
We are grateful for their co-operation and support at all stages of the process.
The Commission will continue to do everything in its power to locate and recover the remains of all of the outstanding Disappeared cases.
We would again appeal to anyone with information relating to Joe Lynskey, Columba McVeigh, Robert Nairac or Seamus Maguire to bring it to the ICLVR where it will be treated in the strictest confidence”.

The Independent Commission for the Location of Victims’ Remains (ICLVR), led by Commissioners Mr. Tim Dalton and Mrs Rosalie Flanagan, was established by an Agreement between the Government of Ireland and the Government of the United Kingdom and signed on 27th April 1999 by legislation enacted in both jurisdictions. The ICLVR is responsible for facilitating the location of the remains of victims of paramilitary violence who were murdered and secretly buried arising from the conflict in Northern Ireland.
Further information is available at www.iclvr.ie
The ICLVR needs further information to be able to progress its investigations into the remaining disappeared victims – Columba McVeigh, Joe Lynskey, Robert Nairac and Seamus Maguire.

Anyone with information on the four outstanding Disappeared cases —Joe Lynskey, Columba McVeigh, Robert Nairac and Seamus Maguire; should contact the ICLVR Tel: +353 1 602 8655 or Mr Dennis Godfrey (ICLVR), Tel: +44 7771 642348.

Bayer To Pay Billions In Damages Following Weed Killer Cancer Case.

A jury in Georgia, South Carolina, USA, has ordered the Monsanto parent company Bayer to pay nearly $2.1 billion in damages to a man who maintains the company’s Roundup weed killer caused his cancer, according to his attorneys.

This verdict, delivered on Friday last, marks the latest in a long-running series of court battles that Monsanto has faced over its Roundup herbicide. The agrochemical giant says it will appeal the verdict, in an efforts to overturn the court’s decision.

In a statement, law firms Arnold & Itkin LLP and Kline & Specter PC said that the penalties awarded to the plaintiff will include $65 million in compensatory damages and $2 billion in punitive damages. This marks one of the largest legal settlements reached in a Roundup weed killer related case to date.

The plaintiff named as Mr John Barnes filed his lawsuit against Monsanto in 2021, seeking damages which related to his non-Hodgkin’s lymphoma. The lead trial lawyer, Arnold & Itkin attorney Kyle Findley, stated that the verdict will help to place his client in a better disposition in order to obtain necessary treatment needed going forward.

The verdict on the case is seen as an important moment of truth, following the refusal by Monsanto to accept responsibility for poisoning people with their product, same regarded as highly toxic.

Glyphosate is a herbicide used to kill certain plants and grasses and is the declared active ingredient in most versions of Roundup. The biggest users of glyphosate are growers of crops that have been genetically engineered to be resistant to the herbicide. This allows the plant to survive while killing nearby weeds. The crops with the highest use of glyphosate are modified corn, cotton, and soybeans.

The Environmental Protection Agency (EPA) in the U.S. maintain that glyphosate is not likely to cause cancer in humans. But there is concern about the other ingredients in Roundup, as they may be more toxic than glyphosate. These other chemicals are not the active ingredients in Roundup, so they are rarely the focus of regulatory health risk assessments.
One study found that Roundup was among the most toxic of the herbicides and insecticides tested.