Thurles Information

• The Bill replaces and strengthens laws against people smuggling.
• Covers a broader range of scenarios, and a broader geographic range.

The Minister of State at the Department of Justice, Mr James Browne TD, is pleased to announce that the Criminal Justice (Smuggling of Persons) Bill has completed all stages in the Oireachtas, and is expected to be signed into law by the President shortly. The Bill will replace and strengthen laws against people smuggling.

Minister Browne said,

“The terrible tragedy in the English Channel last month is a reminder, if one was needed, of the need to combat the unscrupulous practise of people smugglers.
This new legislation will help. The existing smuggling offence is difficult to prosecute, as it effectively requires the prosecution to prove that the defendant acted for gain. As this gain will typically occur outside the State, this has often been impossible.
The new Bill helps facilitate the cooperation required for us to continue to work together with our colleagues in the EU and the UK to combat smugglers who have no regard for the lives of the people they put at risk.”

The revised offence also covers a broader range of scenarios – it covers intentionally assisting entry, transit or presence where the person knows or has reasonable cause to believe that it is in breach of specified immigration law provisions. And while the existing offence is limited to facilitating the entry into the State, the revised offence covers smuggling into other countries (including EU Member States and parties to the UN Protocol against people smuggling).

The Bill ensures that a full defence is in place to protect those acting for genuine humanitarian purposes and not for gain, or on behalf of bona fide humanitarian organisations. It also ensures that smuggled persons are not criminalised by being smuggled.

The new legislation replaces most aspects of the Illegal Immigrants (Trafficking) Act 2000 and reflects the provisions of three international instruments against people smuggling:

• EU Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence;
• EU Framework Decision 2002/946/JHA on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence; and
• UN Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the UN Convention against Transnational Organized Crime (2000).

• Government agree to nominate Judge Rory MacCabe as a member of and the next chairperson of the Garda Síochána Ombudsman Commission.
• Judge MacCabe also nominated by Government for appointment to the High Court
• His appointment to GSOC will be made by the President following nomination by the Government and the Oireachtas. Judge Rory MacCabe was called to the Bar in 1984 and admitted to the Inner Bar in 1999. He was appointed to the Circuit Court in 2007. Prior to joining the Bar he was a Civil Servant.
• The Term of Office of the current Chair, Ms Justice Mary Ellen Ring, ends on 11th December 2021.

The Minister for Justice, Mrs Helen McEntee TD, has today received the approval of the Government for the nomination of Judge Rory MacCabe as a member of the Garda Síochána Ombudsman Commission (GSOC) and as its next Chairperson. The nomination follows a selection process which sought expressions of interest from serving or retired judges to fill the role of Chairperson upon the completion of the term of office of the current Chairperson.

The Garda Síochána Act 2005 provides that the GSOC chairperson and commissioners are appointed by the President on the nomination of the Government, following resolutions in the Dáil and Seanad. The Hon. Ms Justice Mary Ellen Ring, a High Court judge, is GSOC’s current Chairperson; her term of office is due to end on 11 December 2021. She will now return to the High Court.

Minister McEntee said,

“The nomination of Judge Rory MacCabe follows an assessment process conducted by a selection committee established by the Chief Justice; to identify suitable candidates to be appointed to the position of Chairperson of GSOC. I am delighted to be able to nominate a person of Judge MacCabe’s experience and calibre to this important body. In light of the significance of the role of the Chair of GSOC and the recent precedent, I have also received the approval of the Government to nominate Judge MacCabe to the High Court.

I will now arrange for the necessary resolutions to be moved in the Oireachtas recommending his appointment as Chair of GSOC by the President.

I would like to express my sincere gratitude to the outgoing Chairperson, the Hon Ms. Justice Mary Ellen Ring. Over the last six years, Ms Justice Ring has served with distinction as Chairperson, providing strong and effective leadership to the organisation and has ensured that its reputation as an independent, impartial investigator of complaints against members of An Garda Síochána, has been enhanced”