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Dáil Éireann debate -
Wednesday, 27 Apr 2022

Vol. 1021 No. 2

Garda Síochána (Functions and Operational Areas) Bill 2021: From the Seanad

The Dáil went into Committee to consider amendments from the Seanad.

Amendments Nos. 1 to 8, inclusive, 10, 12, 13, 15, 17, 20, 22, 24 and 25 are related and may be discussed together.

Seanad amendment No. 1:
Section 15: In page 16, line 16, to delete “Superintendent” and substitute “superintendent”.

The Minister might advise the Dáil of her thinking regarding these amendments from the Seanad.

Amendments Nos. 1, 2, 4, 5, 7, 8 and 13 are drafting changes. They amend the upper-case first letter of "Superintendent" to lower case to align this section with the Firearms Act 1925 and the Gaming and Lotteries Act 1956. Amendment No. 3 substitutes "firearm certificate", which is the term used in section 5 of the Firearms Act 1925, for "firearms certificate". Amendment No. 6 is a change to reflect the fact that, under the Firearms Act 1925, a decision can be deemed to have been made by a superintendent. Amendments Nos. 10, 12, 15, 17, 22 and 24 are consequent on the amendments being made later in the draft. Amendment No. 10 replaces the phrase “the said section 4(5)” with “section 4(5) of that Act”. This is because there will no longer be an earlier reference to section 4(5). Amendments Nos. 12, 15, 17, 22 and 24 make similar changes in respect of similar references. Amendment No. 25 amends line 5 on page 20 to delete "Garda division" and substitute it with "Garda Síochána division". This is because the term "Garda Síochána division" is defined in the Bill, whereas the term "Garda division" is not. The Leas-Cheann Comhairle and Deputies can see these are quite technical amendments.

They are all drafting or technical amendments.

Seanad amendment agreed to.
Seanad amendment No. 2:
Section 15: In page 16, line 18, to delete “Superintendent” and substitute “superintendent”.
Seanad amendment agreed to.
Seanad amendment No. 3:
Section 15: In page 16, line 20, to delete “firearms certificate” and substitute “firearm certificate”.
Seanad amendment agreed to.
Seanad amendment No. 4
Section 15: In page 16, line 23, to delete “Superintendent” and substitute “superintendent”.
Seanad amendment agreed to.
Seanad amendment No. 5:
Section 15: In page 16, line 24, to delete “Superintendent” and substitute “superintendent”.
Seanad amendment agreed to.
Seanad amendment No. 6:
Section 15: In page 16, line 28, to delete “made” and substitute “made, or deemed to have been made,”.
Seanad amendment agreed to.
Seanad amendment No. 7:
Section 15: In page 16, line 28, to delete “Superintendent” and substitute “superintendent”.
Seanad amendment agreed to.
Seanad amendment No. 8:
Section 15: In page 16, line 31, to delete “Superintendent” and substitute “superintendent”.
Seanad amendment agreed to.

Seanad amendments Nos. 9 and 11 are related and may be discussed together.

Seanad amendment No. 9:
Section 16: In page 16, line 40, to delete “section 4(5) of the Act of 1931” and substitute “subsection (1)(a),(1)(b), (2)(a) or (2)(b), as the case may be, of section 4 of the Act of 1931”.

Seanad amendments Nos. 9 and 11 correct cross-references to the Betting Act 1931 in the transitional provisions relating to that Act. This is to ensure that an inspector of An Garda Síochána is the person to whom the application is deemed to have been made.

Seanad amendment agreed to.
Seanad amendment No. 10:
Section 16: In page 16, line 41, to delete “the said section 4(5)” and substitute “section 4(5) of that Act”.
Seanad amendment agreed to.
Seanad amendment No. 11:
Section 16: In page 17, line 3, to delete “section 4(6) of the Act of 1931” and substitute “subsection (1)(a),(1)(b), (2)(a) or (2)(b), as the case may be, of section 4 of the Act of 1931”.
Seanad amendment agreed to.
Seanad amendment No. 12:
Section 16: In page 17, line 4, to delete “the said section 4(6)” and substitute “section 4(6) of that Act”.
Seanad amendment agreed to.
Seanad amendment No. 13:
Section 17: In page 17, line 42, to delete “Superintendent” and substitute “superintendent”.
Seanad amendment agreed to.

Seanad amendments Nos. 14, 16, 18, 19, 21 and 23 are related and may be discussed together.

Seanad amendment No. 14:
Section 17: In page 18, line 1, to delete “section 9A(3)” and substitute “section 9A(1)”.

Technical amendments Nos. 14, 16, 18, 19, 21 and 23 correct cross-references to the Gaming and Lotteries Act 1956 to ensure an inspector of An Garda Síochána is the person to whom the application is deemed to have been made.

Seanad amendment agreed to.
Seanad amendment No. 15:
Section 17: In page 18, lines 2 and 3, to delete “the said section 9A(3)” and substitute “section 9A(3) of that Act”.
Seanad amendment agreed to.
Seanad amendment No. 16:
Section 17: In page 18, line 5, to delete “section 9A(4)” and substitute “section 9A(1)”.
Seanad amendment agreed to.
Seanad amendment No. 17:
Section 17: In page 18, lines 6 and 7, to delete “the said section 9A(4)” and substitute “section 9A(4) of that Act”.
Seanad amendment agreed to.
Seanad amendment No. 18:
Section 17: In page 18, line 18, to delete “evidence” and substitute “evidence at the hearing”.
Seanad amendment agreed to.
Seanad amendment No. 19:
Section 17: In page 18, line 23, to delete “section 27B(3)” and substitute “section 27B(1)”.
Seanad amendment agreed to.
Seanad amendment No. 20:
Section 17: In page 18, lines 24 and 25, to delete “the said section 27B(3)” and substitute “section 27B(3) of that Act”.
Seanad amendment agreed to.
Seanad amendment No. 21:
Section 17: In page 18, line 27, to delete “section 27B(4)” and substitute “section 27B(1)”.
Seanad amendment agreed to.
Seanad amendment No. 22:
Section 17: In page 18, lines 28 and 29, to delete “the said section 27B(4)” and substitute “section 27B(4) of that Act”.
Seanad amendment agreed to.
Seanad amendment No. 23:
Section 17: In page 18, line 31, to delete “section 27B(5)” and substitute “section 27B(1)”.
Seanad amendment agreed to.
Seanad amendment No. 24:
Section 17: In page 18, lines 32 and 33, to delete “the said section 27B(5)” and substitute “section 27B(5) of that Act”.
Seanad amendment agreed to.
Seanad amendment No. 25:
Section 20: In page 20, line 5, to delete “Garda division” and substitute “Garda Síochána division”.
Seanad amendment agreed to.

Seanad amendments Nos. 26 and 27 are related and may be discussed together.

Amendments Nos. 26 and 27 delete amendments to the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations, 1993, S.I. No. 362/1993, and associated transitional provisions. These regulations are due to be revoked shortly which is why the amendments are needed.

Seanad amendment No. 26:
Section 23: In page 20, to delete lines 36 to 39, and in page 21, to delete lines 1 to 30.
Seanad amendment agreed to.
Seanad amendment No. 27:
Schedule 2: In page 46, to delete lines 1 to 43 and in page 47, to delete lines 1 to 19.
Seanad amendment agreed to.
Seanad amendments reported.

A message will be sent to Seanad Éireann acquainting it that Dáil Éireann has agreed to amendments Nos. 1 to 27, inclusive, made by Seanad Éireann to the Garda Síochána (Functions and Operational Areas) Bill 2021.

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