Minister Jim O’Callaghan secures Government approval to publish the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025
- Foilsithe:
- An t-eolas is déanaí:
Bill includes measures to:
- criminalise the highly exploitative behaviour commonly known as ‘sex for rent’
- amend legislation on disclosure of counselling records in sexual assault trials
- respond to severe prison overcrowding and increase in violent incidents
- provide for the use of more advanced DNA analysis in missing persons cases
- enable bail bonds and suspended sentence bonds to be taken by Gardai and prison officers respectively
- provide for a permanent basis for regulated outdoor seating for licensed premises
- allow the Chief Justice to delegate certain non-judicial functions to other members of the judiciary
The Minister for Justice, Home Affairs and Migration Jim O’Callaghan recently secured Government approval to publish legislation which responds to a range of pressing challenges for the justice system and addresses various Programme for Government commitments.
The proposed legislation includes measures to criminalise the exploitative practice of seeking sex in lieu of rent, and to restrict the disclosure of counselling records in sexual offence trials. The Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 will also, among other measures, oblige the courts to consider a community service order in lieu of a prison sentence of up to 24 months' duration.
There are significant provisions within the Bill to combat sexual abuse and exploitation. The Bill introduces two specific criminal offences around ‘sex for rent’: offering accommodation in exchange for sexual activity and the advertising of accommodation in exchange for sexual activity.
The provisions encompass both rental agreements between landlords and tenants, and ‘rent-a-room’ situations. It is the offer or advertisement that is being criminalised - there is no requirement to prove that sexual activity occurred.
The proposed penalty for these offences is a Class A fine of up to €5,000.
Minister Jim O’Callaghan said:
“Any attempt by accommodation providers to exploit their position and prey on vulnerable people through these arrangements is completely unacceptable.
“It is an appalling abuse of power by unscrupulous individuals, and it will not be tolerated under any circumstances.
“This measure addresses a specific Programme for Government commitment and supports broader efforts to tackle the epidemic of domestic, sexual and gender-based abuse.”
Minister O’Callaghan acknowledges the distress and re-victimisation that disclosure of counselling records has on complainants in sexual assault trials.
“The Bill amends the law on the disclosure of counselling records in sexual offence trials by requiring that a disclosure hearing takes place in all cases, to ensure adequate judicial oversight so the privacy rights of victims and survivors are always considered.
“While this is a necessary initial step in reforming the law in this area, I also believe that further amendments may be merited. My department is currently consulting with relevant stakeholders on the development of concrete proposals to ensure the optimal balance between the rights of complainants and defendants is achieved. It is important that I balance those two rights, the rights of the victims and survivors, yet at the same time, I have a constitutional obligation to ensure that people who are before the criminal justice process as, accused, get a fair trial.”
In relation to provisions to assist in addressing prison overcrowding, Minister Jim O’Callaghan said:
“The Bill amends the law to oblige the courts to consider a community service order (CSO) in lieu of a prison sentence of up to 24 months - the current threshold is 12 months.
“It also obliges the courts to give reasons where they consider that a CSO should not be imposed in such a case, and increases from 240 to 480 the maximum community service hours that a judge may order.
“This Bill will enhance non-custodial alternatives for offenders as part of a dual approach to pursuing further measures to support non-custodial sanctions and increasing capacity in our prison estate.”
The Bill will also remove the legal barrier to the use of incapacitant spray by prison officers. Ireland is one of a very small number of EU countries where prison officers are not currently allowed to use these sprays. The use of incapacitant spray can prevent or minimise incidents of serious prison violence and reduce the need for more forceful physical interventions by prison officers. The Bill provides that prison officers may use such sprays in accordance with such provision as may be made by the Minister under the Prison Rules.
Minister Jim O’Callaghan commented:
“It is critical that our prison officers have the equipment they need to protect themselves and those in their care, particularly in a context of ongoing prison overcrowding. The possession and use of incapacitant sprays will be carefully regulated to ensure that they are permitted only in appropriate circumstances and only by officers who are trained in their use.
“When the necessary primary and secondary legislation is in place, the Irish Prison Service intends to introduce a pilot programme, the outcome of which will help inform decisions on wider roll-out.”
Other notable provisions in the Bill include enabling the use of more advanced DNA analysis in missing persons cases and enabling bail bonds and suspended sentence bonds to be taken by Gardaí and prison officers respectively.
This will better facilitate video link participation in court hearings by those in custody, thereby reducing the need for Gardaí and prison officers to escort people to and from court hearings at the expense of their core duties.
In relation to civil law, the Bill gives permanent effect to legal provisions on regulated outdoor seating for licensed premises.
It also includes measures to allow the Chief Justice to delegate certain non-judicial functions to other members of the judiciary.
Minister O’Callaghan added,
“Drafting of several provisions from the approved General Scheme is continuing in the Office of the Parliamentary Counsel, including provisions for remote hearings and electronic document transmission in criminal proceedings, and a new Garda power to require the removal of face coverings in certain circumstances.
“I intend to introduce these provisions by way of Committee Stage amendments to the Bill.”
The Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 will be published shortly by the Department.
ENDS.
Note for editors:
The Bill amends the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 by inserting a new definition of ‘DNA profile’ for the purposes of Part 6 of the Act, which concerns missing and unknown persons cases. This will enable the use of more powerful identification techniques in such cases and increase the likelihood of solving them. Additionally, the Bill provides that more than one DNA profile may be generated from a sample taken in relation to missing persons, unknown persons and unknown deceased persons.
The Bill also amends the Criminal Procedure Act 1967 to provide for bail bonds to be entered before members of An Garda Síochána where the person entering into the bond is for the time being in Garda custody and amends the Criminal Justice Act 2006 to provide for suspended sentence bonds to be entered before prison governors where the person entering into the bond is for the time being in custody. Their purpose is to further facilitate remote or video link participation in bail and sentencing hearings by persons in custody, with attendant time and cost savings for Gardaí and prison officers.
Provisions not proceeded with in the Bill
The provisions of the General Scheme relating to the Gambling Regulation Act 2024 are no longer proposed for inclusion in this Bill as they have been separately brought into law under the Courts and Civil Law (Miscellaneous Provisions) Act 2025.
