Welcome to MhOir! You can use this thread to join a party - just comment the name of the party you want to join below, and it will automatically ping the dedicated contacts of that party. You can also declare yourself an independent here, if you don't want to join a party.

You can also check the "Current Parties" sheet on the Master Spreadsheet for short summaries of a party's ideologies. The Master Spreadsheet also lists the main leadership contact of each party, if you want to ask any questions to them.

If you have any questions, you can message the Executive Team - we're always happy to help. Have fun!

- /u/Syntax45,

Chief Executive of MhOir

CURENT PARTIES:

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Evening all!
I'm excited to announce that we will be launching THIS FRIDAY EVENING!
All those wishing to make a party, please re-submit in exec-team-qna or meta!
The Statute of Operations (Which covers how we operate) will be released tomorrow.
You'll all have 2 weeks to campaign before the General Election.

For those not in the Discord yet, you can join HERE

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See you all soon,

I,

Chief Exec.

Hello all,

I am happy to be making this announcement today to say that we are resetting MhOir, with a lovely sparkling new Statute of Operations and Executive Team. At the moment, the Executive Team will include myself, the Chief Executive and /u/Syntax45, the Ceann Comhairle.

Under our new Statute of Operations, which will be released soon to all of you, we will be appointing a clerk to help us with House business, so please let us know if you are interested! There are also no parties so if you would like to start one and become a party leader, please DM me on Discord (my username is Ciarán#0001) and the Executive Team will get back to you on your party application.

Over the coming days. once we have all the necessary infastructure for the Sim to run, we will start an election to decide our makeup of the Oireachtas.

Thank you,/u/a1fie335

Hello all,

Unfortunately due to the low interaction with the simulation, slowly decreasing attendee count and resignation of our old Head Moderator. WE WILL BE SUSPENDING THE SIMULATION EFFECTIVE IMMEDIATELY.

If you wish to restart the Simulation and believe you have enough people interested in MhOir or a new idea for the Simulation, please do not hesitate to contact us through ModMail.

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For now, thank you very much for your participation, Slán abhaile.

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Syntax45,

Leas Ceann Comhairle

Workers' Rights Bill

Mar a tionscnaíodh

As initiated

Workers' Rights Bill

A bill to ensure fair treatment of workers and ensure increased worker power.

The Dáil recognises that:

• Previous government have gutted workers rights
• That the workers, as the produces of all in society need to be treated with the respect they deserve
• That worker power is the ultimate expression of democracy
• That the Industrial Relations Act(1990) and its consequences have been a disaster for the working class

Be it enacted by the Oireachtas as follows—

1. [Repeal of the Industrial Relations Act 1990]

1. The Industrial Relations Act (1990) is hereby repealed

2. [Replacement of the Industrial Relations Act 1990]

1. Workers have the right to picket
2. The right to picket includes the right of the workers to picket on private company land including sit-in and occupations, as long as the workers are members of a Union that is a member of the Irish Congress of Trade Unions
3. Workers have the right to block entrance, but not exit, to company buildings and property in the course of a balloted picket, as long as the workers are members of a Union that is a member of the Irish Congress of Trade Unions
4. That pickets are a civil and not criminal matter and as such it is up to the labour court, not criminal courts or the Garda Síochána to mediate or intervene in pickets, as long as no other laws are broken.

3. [Right To First Refusal]

1. Workers have the right to collectively purchase their company of employment, as long as it is then owned on a cooperative basis, if:

a. It goes into liquidation

b. The owner of the company is selling the company

c. The company is ceasing operations

4. [Expansion of Public Sector Unionisation]

1. The removal of restrictions on unionisation, picketing, strikes and other industrial action by members of an Garda Síochána
2. The removal of restrictions on unionisation, picketing, strikes and other industrial action by members of Óglaigh na hÉireann

5. [Expansion of Workers Rights]

1. An increase to €14.00 per hour minimum wage.
2. Outlawing of unpaid internships and ‘work experience’ schemes.
3. A 4 day work week to be implemented after 5 years
4. Nine months paid maternal and paternal leave

6. [Equitable Taxation]

1. Abolishment of Universal Social Charge
2. Implementation of a 100% tax bracket on earners above 200k per year

7. [Cooperative Encouragement]

1. The implementation of a 50k euro grant and a 100k euro interest free loan given to new cooperatives. This will be in addition to the already available small business grants.
2. Requirement on all non-state owned businesses, with over 100 employees, that receive state aid to be owned, at least 10%, by the workers in order to continue to be eligible for state aid.

The bill was submitted by /u/RED-REV and is sponsored by The Communist Party of Ireland.

This session shall end on the 2nd November

Parliamentary Questions for the 34th Government are now in order.

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The Taoiseach and Government Ministers will be taking questions from the house.

In the first instance, only the minister may respond to the questions asked of them.

Avoid the use of unparliamentary language and obey parliamentary procedure generally.

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When asking a question, please tag the Minister you are asking a question to, current incumbent ministerial positions can be found on the Master Spreadsheet.

This session will end on the 6th of November, one extra day will be givien for ministers to respond to questions.*

As all of you know, It’s been very quiet on here. Kef (Head Moderator) announced 6 days ago that the sim may be suspended if it doesn’t get active again, of course I didn’t want this to happen, as I’m sure most of you don’t want it too.

Me and /u/Syntax45 offered to step in, update sheets, do the odd jobs and get more members on here to start it back up again.

So if anyone has any queries, feel free to contact me or /u/Syntax45 on what we are doing.

B001 [S2]

Tá: 33

Níl: 19

B002 [S2]

Tá: 34

Níl: 19

Parliamentary Questions for the 33rd Government are now in order.

The Taoiseach and Government Ministers will be taking questions from the house. In the first instance, only the minister may respond to questions asked of them. Avoid using unparliamentary language and obey parliamentary procedure generally.

You must tag the Minister you are asking the question to, and a list of all incumbent ministers may be found on the master spreadsheet.

This session ends on the 18th, with an extra day given for ministers to respond to questions.

Cannabis (Legalisation) Bill

Mar a tionscnaíodh

As initiated

BILL ENTITLED

A bill to set out the legalisation of the drug cannabis as well as set requirements for the usage and dealing of the drug

The Dáil recognises that:

• Legalising Cannabis ensures people are safer and getting better quality Cannabis.
• People are less likely to abuse Cannabis if it is legalised
• Cannabis is a good course of revenue for the government

Be it enacted by the Oireachtas as follows—

1. Legalisation

(1) Possession of Recreational Cannabis shall be decriminalised for all people aged 18 and over

(2) Penalty for Supplying or producing Cannabis without a licence shall be punished with imprisonment of up to 10 years and/or a fine up to 10,000 Euros.

2. Producing and Supplying Cannabis

(1) A board shall be set up under the Department of Health which shall be charged with reviewing applications to produce Cannabis.

(2) There shall be two license types.

(2.1) Personal License

(2.1.1) An individual may keep up to 6 Cannabis plants in their homes for personal use.

(2.1.2) May give up to 30 grams of Cannabis to family or friends per week.

(2.1.3) May be subject to checks by the Department of Health

(2.2) Commercial License

(2.2.1) May produce any amount of Cannabis for Commercial use

(2.2.2) Subject to common inspections by the Department of Health to ensure they are in compliance with all regulations

(3) Licenses may be revoked by the Department of Health or the Cannabis board at any time

3. Other

(1) A commission shall be set up to investigate ideal taxation limits for Cannabis as well as put together requirements for licenses and to report on the usage of Cannabis.

(2) Cannabis shall be subject to the same Advertising and Packaging regulations as cigarettes.

(3) Driving under the influence of Cannabis shall be given the same punishment as driving under the influence of alcohol

(4) The specified limit for cannabis shall be set at 4 micrograms per litre of blood.

4: Short Title and Commencement

(1) This Act may be cited as the Cannabis (Legalisation) Act.

(2) This Act comes into force 14 days after it receives Assent by the Uachtarán na hÉireann.

The bill was submitted by /u/imadearedditaccount5 and is sponsored by the 33rd Government.

This session shall end on the 18th.

Local Government Bill 2020

Mar a tionscnaíodh

As initiated

BILL ENTITLED

A bill to reform local government and expand the amount of Directly elected mayors and councils.

The Dáil recognises that:

• Directly elected mayors are more democratic than Chief Executives
• Local Government should have further powers to ensure it can adequately carry out its duties.
• An increased amount of councils are more democratic as cities and countrysides are very different

Be it enacted by the Oireachtas as follows—

1. Titles and Elections

(1) The title of all chairs of all current city and county councils shall be changed to Cathaoirleach. This includes the following Councils:

(1.1) Dublin City Council

(1.2) Cork City Council

(1.3) Galway City Council

(1.4) Waterford City and County Council

(1.5) Limerick City and County Council

(1.6) South Dublin County Council

(1.7) Fingal County Council

(1.8) Cork County Council

(2) All current County administrative units shall have a Chief Executive to carry out executive functions.

(3) All current and future City administrative units shall have a Lord Mayor to carry out executive functions.

(3) All cities and towns with over 4,000 people shall be entitled to a Directly elected Mayor.

(4) Elections for Lord Mayors, Mayors and Chief Executives shall coincide and shall be subject to the same restrictions and regulations as current local elections.

(4.1) Elections shall be held using Instant-runoff voting

(4.2) In order to run in any of these elections you must be at least 25 years old

(4.3) In order to run in any of these elections you must be an Irish Citizen

2. New Councils and Powers

(1) A board shall be set up at the Department of Housing, Planning and Local Government which shall be responsible for deciding the boundaries of all towns that apply to get a Mayor and deciding if the town is eligible.

(2) The following councils shall be created out of current councils:

(1.1) Limerick County and City Council shall be split into:

(1.1.1) Limerick County Council

(1.1.2) Limerick City Council

(1.2) Waterford City and County Council shall be split into:

(1.2.1) Waterford County Council

(1.2.2) Waterford City Council

(1.3) Kilkenny County Council shall be split into:

(1.3.1) Kilkenny County Council

(1.3.2) Kilkenny City Council

(3) Councils shall have the following powers:

(3.1) Power to set the rates of the Local Property Tax and Motor Tax

(3.2) Power over granting Planning Permission

(3.3) Power to pass bye-laws or resolutions to regulate or control certain activities such as parking or the control of animals.

(3.4) Responsibility for maintaining the Local Road network

(3.5) Responsibility for managing Libraries

(3.6) Responsibility for Waste management and collection

(3.7) Responsibility for managing and cooperating with local units of an Garda Síochána and the Fire Service

(3.8) Responsibility for managing local environmental regulations.

(4) A town and its local council must make an agreement together to be approved by the board which shall outline to what extent the Mayor can use executive power within the town

3. Short title and commencement

(1) This Act may be cited as the Local Government Act 2020.

(2) This Act comes into operation 6 months after it receives Assent by the Uachtarán na hÉireann.

The bill was submitted by /u/imadearedditaccount5 TD and is sponsored by the 33rd Government.

This session shall end on the 18th.

A governing coalition formed of the Social Democrats, Communists and Naturalists has formed, totalling 80 seats.

The PfG may be found here and can be debated below. Please obey parliamentary procedure, such as addressing the Ceann Comhairle and not using unparliamentary language.

This session closes on the 13th.

Following the 34th general election, the composition of the Dáil Éireann is as follows:

Fine Gael - 77

Social Democrats - 53

Communist Party of Ireland - 16

The Naturalists - 11

Sinn Féin - 2

Coalition Forming

A week shall be given for coalition forming - a Programme for Government should be modmailed to r/MhOir by 10 October at 10PM. Along with this, the submitter should specify which parties shall be a part of the governing coalition or providing C&S. For the sake of sim balance, any coalition deal involving both largest parties, the SDs and FG, shall be rejected, though one may provide the other with confidence and supply. The PfG shall be debated as the first item of Dáil business.

Committees

There shall be two standing committees with the powers to apply amendments to legislation - the Internal Affairs Select Committee, abbreviated to IntraCom, and the External and Financial Affairs Select Committee, abbreviated to ExtraCom. There are 5 seats on each committee, determined by Sainte-Legue. Party leaders must reply to this post with a list of their preferences for their seats, for example a party entitled to two seats might reply "1. ExtraCom; 2. IntraCom", should they want seats on both but prefer representation on the former. The two committees shall elect a chair from amongst themselves, whom shall be responsible for determining which committee shall be responsible for legislation, moderating debate, and recording votes on the master spreadsheet.

TD Allocation

All TDs who stood for election and won their campaigns shall automatically become TDs unless they specifically decline the opportunity. They shall own their seats, and should they defect or resign, the seat shall travel with them. Party leaders should however modmail to r/MhOir a full list of their TDs and constituencies, ranked according to vote weighting priority. This means that, should a party's votes not split evenly between its TDs, those at the top of the list will gain one extra vote.

To kick off the campaign, I shall open the debate. The following representatives shall be receiving questions from the public.

CPI - u/RED-REV

Fine Gael - u/inoticeromance

Sinn Féin - u/Abrokenhero

Social Democrats - u/imadearedditaccount5

The Naturalists - u/v-i-d-c-o-m

Manifestos may be found on the master spreadsheet.

You can ask any of these representatives as many questions as you like before the debate closes on 1 October at 10pm IST, within reason. Please allow any question directed to a specific leader to be answered by them before responding otherwise.

Hello and welcome to MhOir! We strongly recommend that you consider joining a party if you are interested in participating in this simulation. They are listed below:

Parties

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Working groups

These are prospective parties who have yet to submit a manifesto.

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Working groups can apply for party status here: https://forms.gle/57qWB9FSgKKQy54x9

Please apply by commenting the name of the party below and join our discord, where about half of all sim activity takes place: https://discord.gg/YhnWZy5

When you are accepted, please set your flair to that of your new party.

Hello all, u/estoban06 has earlier today granted me permission to try and revive this sim and as such I'd like to outline what my plan is generally going forward with this.

Recruitment

I would like our first election to be held roughly a month from now, however in order to guarantee that this sim has a sustainable user base, it is imperative that we all do our bit to try and get as many people participating here as possible.

I will try and get into contact with other subreddits - we have had ties to r/ireland and r/irishpolitics in the past, however I would urge all of you to do as much as possible to inform your friends or anyone who might be interested more generally about this sim. I'm going to put as much effort in as possible to ensure that the sim lasts, but ultimately it relies on a healthy number of players willing to contribute.

Party Formation

It can be very alienating to newcomers to a sim to arrive on the join a party page to find parties which they cannot identify from real life. As such I shall require that at least two of the three major parties (FF, FG and SF) are formed before allowing other parties to form. I shall also request that these other parties take up the branding of parties that already exist in the Dáil as of today except in extreme circumstances.

Once two or more people have decided that they wish to form a party, they shall be given permission to use the branding and are given 'Working Group' status. This allows the group to advertise their prospective party to new players, however they may not yet contest an election as a party. In order to be granted party status, a Working Group must have the following:

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• A manifesto or platform which contains at least 10 concrete policies, (i.e. 'erect fifty new homeless shelters by 2022' is a concrete policy, 'help combat homelessness' is not);
• At least four pieces of legislation ready for the docket.

The election and other canon stuff

As stated before I'm aiming for our first election to take place in mid-October, though I'm willing to be flexible. I'm going to be adopting a 160-seat model, as is done in r/MHOCStormont which I currently run. This will allow us to keep the sim stable even if there is a sudden rise or drop in the membership of the sim, and will not make polling dependent on the number of people in a party. I will answer any questions relating to this in the #qs-for-head-mod channel.

I will also publish a weekly or fortnightly report on r/RTEMhOir announcing the top headlines on Ireland's media. I will go into further detail regarding this as we get closer to the election.

Just as a final note, I have updated the links to the master spreadsheet on the sidebar to the one we shall be using in the coming term.

B006 - Legal Services Deregulation Bill

Mar a tionscnaíodh

As initiated

BILL ENTITLED

An Act to extend full advocacy rights to solicitors; remove restrictions on Barristers forming partnerships, holding other employment, and approaching clients without a solicitor’s intermediation; remove restrictions on Solicitors and Barristers advertising; remove restrictions on switching between legal professions; eliminate the Societies and the Bar’s monopoly on training Solicitors and Barristers respectively; allow for the registration of Conveyancers and sets out for the regulation of this occupation; and allow foreign lawyers, trained in the OECD, to practice in Ireland under the designation ‘foreign lawyer’.

Be it enacted by the Oireachtas as follows:

1. Definitions

‘Barrister’ means a barrister admitted to practice by the Chief Justice of Ireland

‘Client’ means an individual who has acquired, or who wishes to acquire, legal services by a Solicitor, Barrister or registered Conveyancer

‘Conflict of Interest’ means a situation where, acting with ordinary care, a solicitor would be induced to give different advice to different clients about the same matter

‘The Bar’ means the Incorporated Bar of Ireland

‘The Society’ means the Incorporated Law Society of Ireland

‘Solicitor’ means a solicitor of the Courts of Justice of Ireland

2. Restrictions on practice abolished

(1) A Solicitor will not be restricted from representing a client, or engaging in advocacy, in any court; this person will be allowed to serve in such roles with equal rights and duties to that of a Barrister.

(2) Barristers will be allowed without restriction, and the Bar will be restricted from disallowing:

• (a) Barristers to approach and/or engage and/or represent clients without the intermediation of a Solicitor.

• (b) Barristers to advertise their professional services and the prices associated with these services.

  • (i) Except where such advertising might potentially mislead the public.

  • (ii) Except where such advertising might bring the legal profession into disrepute.

• (c) Register their practice as a Partnership in partnership with another Barrister or a Solicitor.

• (d) The members of a Partnership under (c) will be disallowed from taking on a client, where given the operations of themselves or a constituent of their partnerships, this might affect the independence, impartiality or capacity to advocate fearlessly and objectively; in other words, where a conflict of interest might arise.

• (e) Adopt the case of a client from another Barrister.

• (f) Take employment directly with a firm, or firms, in the role of providing legal services unless, taking a client where it might be affected, with respect to one case or another, the independence, impartiality or capacity to advocate fearlessly and objectively; in other words, where a conflict of interest might arise.

(3) The Bar and The Society will be restricted from imposing restrictions on Barristers registering as Solicitors, and vice-versa.

3. Abolition of Senior Counsel and other titles

The government will eliminate the designation of ‘Senior Counsel’ as awarded to Barristers, and all current titles will be retracted.

4. Restrictions on advertisements abolished

Solicitors will be allowed, and the Society will be disallowed from restricting, to advertise their professional services and the prices associated with these services except-

• (a) where such advertising might potentially mislead the public.

• (b) where such advertising might bring the legal profession into disrepute.

5. New licenses established

Educational facilities which seek to train and educate those to the standard of that of a Solicitor or Barrister or both shall be required to apply to, and attain a license from, the Department of Education.

• (a) Licensing will be provided to all those institutions which have demonstrated a capacity to teach excellence in matters of the law, advocacy, and negotiation.

• (b) Institutions will be required to make a reapplication each 12 year period in order to have their capacity to teach excellence recertified.

• (c) Any Institution which has received a license to train Solicitor or Barristers shall be allowed to offer 1 year licensing certificates in Conveyancing.

6. Regulation of Conveyancers

(1) The Council for Registered Conveyancers in Ireland shall be established in order to license and regulate Conveyancers.

• (a) This body will be independent of both the Society and the Bar.

• (b) The administration of this body will be composed of 5 voting representatives selected from the Department of Justice, 2 non-voting representatives selected from the Society and 2 non-voting representatives selected from the Bar.

• (c) It will be charged with:

  • (i) Establishing a code of ethics for practicing professionals.

  • (ii) Establishing a compensation fund for the protections of client monies.

  • (iii) Establishing guidelines for the education of Conveyancers.

  • (iv) Registering Conveyancers on the condition that they have met the educational requirements, paid their dues to the compensation funds, and have demonstrated a capacity and willingness to follow the code of ethics.

  • (v) Delegating the front-line regulatory functions of regulations to the Bar and the Society as it sees fit.

(2) Registered Conveyancers will be allowed to provide legal services involving the transfer of the ownership of a house, apartment or piece of land from person or another.

(3) In order to practice as a Conveyancer

• (a) An individual must be registered with the Council for Registered Conveyancers.

• (b) An individual must possess full indemnity insurance.

7. New Foreign Lawyer designation established

Lawyers registered with the Bar of another OECD state will be unrestricted from practicing law in Ireland under the specific designation of ‘Foreign Lawyer’.

• (a) This designation must be advertised to consumers.

• (b) Following three years of operation in Ireland, on application, the Bar or the Society will be required to extend a designation of Barrister or Solicitor respectively to this person if it is seen that the person has pursued the course of justice during their three years of practice.

8. Short title and Commencement

(1) This bill will come into effect after being signed into law.

(2) This Act may be cited as the Legal Services Deregulation Act, 2019.

The bill was submitted by /u/inoticeromance and is sponsored by Fine Gael.

This reading will end on the 8th of November, at 10PM.

B005 - Rights of Sexual Assault Survivors Bill

Mar a tionscnaíodh

As initiated

BILL ENTITLED

An Act to create a charter of rights for sexual assault survivors relating to interactions with police and prosecutorial services, counselling services, housing services, and employment.

Be it enacted by the Oireachtas as follows:

1. Definitions

“Sexual Assault Survivor” shall be defined as all individuals who have reported a rape or sexual assault to An Garda Síochána irrespective as to whether a charge has been brought in their case.

2. Police and Prosecutorial Interaction

(1) All members of An Garda Síochána and all Public Sector Prosecutors will be required to attend at least 12 hours of instruction in responding to sexual assault survivors.

(2) The government shall nominate at least five representatives from the National Universities of Ireland,specialising in sexual assault, to devise this training programme.

(3) It is the responsibility of An Garda Síochána to ensure that Sexual Assault Survivor’s are aware of their rights under this act.

3. Medical Care

Sexual Assault Survivors shall be entitled to a free full medical check-up.

4. Counseling Services

(1) Sexual Assault Survivors shall be entitled to at least 15 sessions, of at least an hour, with an accredited counsellor commencing within four weeks of filing a report with An Garda Síochána.

(2) If a public sector councillor cannot be located and scheduled to meet with the Sexual Assault Survivor within four weeks, then the government must issue a voucher covering the cost of attending private services.

5. Housing Services

(1) Sexual Assault Survivors who make an allegation against a spouse, cohabitant, or tenant residing the same building or neighbourhood shall be afforded the option of emergency accommodation until a suitable long-term arrangement can be devised.

(2) Section 3(2) of the Employment Equality Act 1998 shall be amended to include the following subparagraph (h):

“(h) that one is a Sexual Assault Survivor and the other is not (in this act referred to as the “Sexual Assault Survivor Ground”)”.

6. Employment

Section 6(2) of the Employment Equality Act 1998 shall be amended to include the following subparagraph (j):

"(j) that one is a Sexual Assault Survivor and the other is not (in this act referred to as the “Sexual Assault Survivor Ground”)”.

7. Marketing and Dissemination

The government shall ensure the creation of a body with the responsibility and authority to disseminate information on the rights possessed by Sexual Assault Survivors as established in this act. The government shall ensure that the funding this body receives is appropriate for achieving this end.

The bill was submitted by /u/inoticeromance and is sponsored by Fine Gael.

This reading will end on the 8th of November, at 10PM.

B003 - Criminal Law (Sexual Offences) Bill

Mar a tionscnaíodh

As initiated

BILL ENTITLED

An Act to define consent in a positive manner, outline circumstances under which consent cannot be extended, add lawful detention to circumstances under which consent cannot be extended, require defendants demonstrate to have sought consent, and include minimum sentencing, while using gender neutral language in order to be inclusive of all identities.

Be it enacted by the Oireachtas as follows:

1. Consent

For the purposes of this Act-

• (a) “Consent” shall be defined as the knowing and voluntary decision to engage in sexual activities where such permission is given in mutually-understandable words or actions and those words or actions provide clear permission as to willingness to engage in a particular activity.

• (b) Within the definition in (a), ‘consent’ shall be considered to be a necessarily continuous act which may be withdrawn or interrupted at any point during sexual activities.

• (c) Consent shall be considered to not have been extended where any of the following circumstances are fulfilled:

  • (i) Any person was, at a time before or during the act, using violence against the complainant['s wishes] or causing the complainant to fear that immediate violence would be used against their wishes.

  • (ii) Any person was, at a time before or during the act, using violence against, or causing the complainant to fear that immediate violence would be against, another person.

  • (iii) The complainant was, and the defendant was not, unlawfully detained at the time of the relevant act.

  • (iv) The complainant was, and the defendant was not, lawfully detained at the time of the relevant act, and the defendant is not married to the complainant.

  • (v) The complainant was asleep or otherwise unconscious at the time of the act.

  • (vi) The complainant was intoxicated to the extent of stupification.

  • (vii) Any person had administered, or caused to be taken by the complainant, without the complainant's consent, a substance which was capable of causing the complainant to be stupefied at the time of the relevant act.

• (d) The failure or omission of a person to offer resistance does not itself constitute consent to the act.

• (e) In determining as to whether the defendant had reasonable belief of consent, it should be examined the steps which were taken in order to assuage that the complainant had extended clear permission to engage in a particular activity over the course of the interaction.

2. Rape

(1) A person shall be considered to have committed the offence of ‘rape’ if:

• (a) The defendant intentionally penetrates (however slight) the vagina or anus of a person with a body part or anything else, or penetrates (however slight) the mouth of a person with a penis.

• (b) That person does not consent to the penetration,

• (c) And at the time the defendant knows that the person has not consented or is reckless as to whether the person has consented,

• (d) Or belief that the person has consented would not be reasonable.

(2) If a person is convicted on indictment of rape, that person shall be convicted to a minimum of ten years in prison.

(3) If a person is convicted on indictment of rape on a third occasion, whether on three previous occasions, or as contained within three counts of rape at that same trial, or a combination thereof, that person shall be convicted to life imprisonment.

3. Sexual Assault

(1) A person shall be considered to have committed the offence of ‘sexual assault’ if:

• (a) The defendant intentionally touches a person,

• (b) And that touching could be reasonably interpreted as being sexual in nature.

• (c) And the person does not consent to the touching,

• (d) And belief that the person has consented would not be reasonable.

(2) If a person is convicted on indictment of sexual assault, that person shall be convicted to a minimum of 18 months in prison.

(3) If a person is convicted on indictment of sexual assault on a third occasion, whether on three previous occasions, or as contained within three counts of sexual assault at that same trial, or a combination thereof, that person shall be convicted to a minimum of five years imprisonment.

4. Aggravated Sexual Assault

(1) A person shall be considered to have committed an offence of ‘aggravated sexual assault’ if:

• (a) The defendant commits ‘sexual assault’ as defined above,

• (b) Involves serious violence or the threat of serious violence or is such as to cause injury, humiliation, or degradation of a grave nature to the person assaulted.

(2) If a person is convicted on indictment of sexual assault, that person shall be convicted to a minimum of 8 years in prison.

5. Forcing A Person to Engage in Sexual Activity

(1) A person shall be considered to have committed the offence of ‘forcing a person to engage in sexual activity’ if:

• (a) The defendant intentionally causes a person to engage in an activity,

• (b) And that activity could be reasonably interpreted as being sexual in nature.

• (c) And the person does not consent to the activity,

• (d) And belief that the person has consented would not be reasonable.

(2) If a person is convicted on indictment of ‘causing a person to engage in sexual activity’ and that activity involved the penetration of the vagina, the anus with a body part or anything else, or the mouth with a penis, that person shall be convicted to a minimum of 10 years in prison.

(3) If a person is convicted on indictment of ‘causing a person to engage in sexual activity’ and that activity involved a touching that could be reasonably interpreted as being of a sexual nature, that person shall be convicted to a minimum of 5 years in prison.

6. Miscellaneous

(1) A person indicted on rape under this statute, if the evidence does not warrant a conviction of rape, but warrants a conviction of sexual assault or aggravated sexual assault, will be found guilty of sexual assault or aggravated sexual assault as appropriate.

(2) A person indicted on aggravated sexual assault under this statute, if the evidence does not warrant a conviction of aggravated sexual assault, but warrants a conviction of sexual assault, will be found guilty of sexual assault.

The bill was submitted by /u/inoticeromance and is sponsored by Fine Gael.

This reading will end on the 8th of November, at 10PM.

M004 - Motion to Outline the Inexistence of the Pursuit of Monarchism in this Government [MOTION VOTE]

Tá - 7

Níl - 0

Staon - 1

DNV - 6

Turnout - 57%

This motion passes and is sent to consideration by the Government.

B003 - Criminal Law (Sexual Offences) Bill [AMENDMENT VOTE]

A01

Tá - 4

Níl - 0

Staon - 0

DNV - 4

Turnout - 57%

The casting vote breaks the tie and the amendment fails. The bill proceeds to the next stage unamended.

B002 - Refugee Freedom Bill [FINAL VOTE]

Tá - 5

Níl - 1

Staon - 0

DNV - 8

Turnout - 43%

This bill passes and is sent to the President.

#Amendments Results

Both amendments are therefore applied to the bill.

#B001 - Evaluation of the Value of Land Bill

Mar a tionscnaíodh

As initiated

BILL ENTITLED

An Act to establish the use of a land-value tax such that land holdings will be taxed at 3% of the undeveloped value of the land, applied towards the owners of land such that they are further incentivised to develop their properties.

The Dáil recognises that:

(1) The value of land has a high importance in the choice of developers, land-holders, and other such figures who have control over the function, use, shape, form, and purpose of land as to whether it shall be developed for use in industrial, retail, commercial, or housing usage.

(2) A land-value tax has been predicted in broad economic theory as well as observed in practise to have a progressive effect, as the benefits of the land’s value is no longer solely diverted towards the land’s owner which as a group are highly correlated to wealth and upper-class status, and the supply of land is essentially fixed thus preventing the burden of the tax falling towards the tenants of the land.

(3) Land-value taxes are in place in many countries across the world including but not limited to Taiwan, Denmark, Singapore, the United States, and Australia to positive effect.

Be it enacted by the Oireachtas as follows:

1. Land-value tax established

(1) The establishment of a department administered by the Ministry of Welfare and Housing is to be made, in order to appropriately and accurately survey the value of land within the Republic of Ireland’s jurisdiction such that it may be taxed accordingly to this bill’s effect.

(2) The undeveloped value of this land shall be taxed at 3% of its value, such that the owner, overseer, or otherwise controller of the land’s development for a given piece of land worth 1 would be obliged to give in taxation 0.03, not including any other taxation they may have incurred.

(3) The Minister may, by order, exempt a class of land from subsection (2).

(4) The state is exempt from subsection (2).

2. Short title and commencement

(1) This Act may be cited as the Evaluation of the Value of Land Act, 2019.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

3. Definitions

In this Act–

“Land” means all naturally occurring resources, such as but not limited to geographic land, mineral deposits, forests, and fish stocks.

“Value” refers to the valuation of the land by market rates of the land only in an undeveloped state, such that no construction work or other forms of development are to be considered in the evaluation of the land’s value.

4. Abolition of stamp duty

The Stamp Duties Consolidation Act, 1999 is repealed.

The bill was submitted by /u/V-i-d-c-o-m and is sponsored by the Government.

This reading will end on the 5th of November, at 10PM.

#M005 - Motion to Protect Peatlands

Mar a tionscnaíodh

As initiated

MOTION ENTITLED:

A motion to recognise the importance of peatlands in Ireland and commit to the revocation of destructive legislation.

Noting that:

• Irish peatlands serve as important habitat for wildlife and constitute a unique part of the country’s natural heritage.

• Peatlands serve as highly effective carbon sinks and provide benefit as we work to address climate change, while the extraction and burning of peat releases carbon dioxide.

• The Climate Change Advisory Council, the independent advisory body tasked with assessing and advising on how Ireland is making the transition to a low carbon and sustainable economy, noted in its 2019 annual report that peat extraction poses a major barrier to decarbonisation.

• The Fine Gael-led Government, in early 2019, issued two new statutory instruments relating to peat extraction referred to as the 2019 Peat Regulations: the Planning And Development Act 2000 (Exempted Development) Regulations 2019 (S.I. 12/2019) and the European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. 4/2019).

• The 2019 Peat Regulations allow large-scale commercial peat operators to extract peat without planning permission or the preparation of an environmental impact assessment.

• The 2019 Peat Regulations were published without any public consultation or Oireachtas debate.

• In a legal challenge to the 2019 Peat Regulations, the High Court granted a partial injunction on the implementation of the 2019 Peat Regulations in September 2019 because it found that the measures would be in violation of the Environmental Impact Assessment Directive, the Habitats Directive and EU caselaw.

• Continuing to implement the 2019 Peat Regulations would harm the country’s environment, slow the transition to a sustainable economy and violate various obligations as an EU Member State.

The Oireachtas urge the Government to:

• Issue a statutory instrument revoking the Planning And Development Act 2000 (Exempted Development) Regulations 2019 (S.I. 12/2019).

• Issue a statutory instrument revoking the European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. 4/2019).

• Commit to the further conservation of Irish peatlands and ensure that they are considered in climate change planning and policy.

Written by /u/FinePorpoise and sponsored by /u/AnswerMeNow1 on behalf of the Green Party.

This reading will end on the 5th of November at 10PM.

#B004 - Domestic Violence Survivors Protection Bill

Mar a tionscnaíodh

As initiated

BILL ENTITLED

An Act to create a right for domestic abuse survivors to benefit from flexible working arrangements where such are required in order to deal with an incident of domestic abuse.

Be it enacted by the Oireachtas as follows:

1. Definitions

'Child' shall be defined in accordance with the Domestic Violence Act 2018.

'Dependent person' shall be defined in accordance with the Domestic Violence Act 2018.

'Domestic violence' shall be defined in accordance with the definition set out in section 2.

'Domestic relationship' shall be defined where a person has a relationship with another person, where they are-

• (1) a spouse or partner to that person,

• (2) a family member of that person,

• (3) ordinarily shares a household with that person,

• (4) has a close personal relationship with that person;

insofar that the court will have due regard for the nature and intensity of this relationship, the amount of time these persons spend together, the places where that time is ordinarily spent, and the manner in which that time is normally spent, and the duration of the relationship. For the avoidance of doubt, it is not necessary for a sexual relationship to persist.

'Employee' shall be defined as a person of any age who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment, and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer; and for the purposes of this Act, a person holding office under, or in the service of, the State (including a member of the Garda Siochana or the Defence Forces or a civil servant within the meaning of the Civil Service Regulation Act, 1956) shall be deemed to be an employee employed by the head (within the meaning of the Freedom of Information Act, 1997), of the public body (within the meaning aforesaid) in which he or she is employed and an officer or servant of a local authority for the purposes of the Local Government Act, 1941, or of a harbour authority, health board or vocational education committee shall be deemed to be an employee employed by the authority, board or committee, as the case may be.

'Employer' shall be defined, in relation to employee as, the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of ''contract of employment'' is liable to pay the remuneration of the individual concerned in respect of the work or service concerned shall be deemed to be the individual's employer, including where appropriate, the successor or an associated employer of the employer.

'Job' shall be defined, in relation to an employee, as the nature of the work that the employee is employed to do in accordance with his or her contract of employment and the capacity and place in which he or she is employed.

'Persons affected by domestic violence' is a person whom any other person inflicts, or has inflicted, domestic violence, or a person who ordinarily resides with a child against who another person inflicts, or has inflicted, domestic violence.

'Variation in working arrangements' shall be defined as a paid leave of absence of up to ten days and/or variation in the worker's working arrangements, such as flexible working hours.

2. Domestic violence defined

(1) Domestic violence shall refer to any act of violence inflicted against a person by another other person, who that person has a domestic relationship.

(2) Violence shall mean:

• (a) Physical abuse,

• (b) Sexual abuse,

• (c) Psychological abuse including, but not limited to:

  • (i) Intimidation,

  • (ii) Harassment,

  • (iii) Damage to property,

  • (iv) Threats of physical abuse, sexual abuse, or psychological abuse,

  • (v) Financial or economic abuse, including but not limited to:

    • (1) Denying or limiting access to financial resources,

    • (2) Preventing or restricting employment opportunities,

    • (3) Preventing or restricting access to education.

  • (vi) In relation to a child, abuse set out in subsection 3.

(3) Without limiting subsection 2, a person psychologically abuses a child if:

• (a) That person causes or allows the child to see or hear the physical, sexual, or psychological abuse of a person with whom the child has a domestic relationship;

• (b) That person puts the child, or allows the child to be put, at real risk of seeing or hearing that abuse occurring.

(4) A person who suffers abuse will not be considered as having allowed or caused a child to see or hear, or put the child at risk of seeing or hearing, physical, sexual or psychological abuse.

(5) Without limiting subsection 1,

• (a) A single act may amount to abuse for the purposes of that subsection

• (b) A number of acts that form part of a pattern of behaviour may amount to abuse for that purpose, even though some or all of those acts, when viewed in isolation, may appear to be minor or trivial.

3. Leave of absence requests

(1) An employee who is a person affected by domestic violence shall, at any time, make a request for a variation in working arrangement for the purpose of the employee making efforts to deal with the effects of being a victim of domestic violence.

(2) Subsection (1) applies irrespective of the amount of time which has elapsed since the incident of domestic violence, and irrespective of whether the employee was an employee when the incident of domestic violence took place.

(3) Requests may be made either through writing or electronic document/messaging (such as email) and must state the employees name, and the date at which the request is being made; it must state the variation in working arrangements requested, the date of onset of these arrangements and the length of time (no greater than 3 months) where the variation in working arrangement shall occur.

(4) Employers must deal with the request as soon as possible, taking no longer than five working days, and must notify the employee in writing as to whether the request has been accepted or refused.

(5) Employers may ask for proof of an incident of domestic violence, but if and only if the employer files this request within three working days.

4. Miscellaneous provisions

(1) Employees shall, during the period of leave, be still considered as engaged in employment and no right of there's associated with being in employment shall be affected.

(2) Absence from employment relating to the provisions of this act shall not be considered to be a part of any leave of employment (including sick leave, annual leave, adoptive leave, maternity leave and parental leave).

(3) Any dispute or difference between employer and employee emerging from the application of this Act shall be referred to the Rights Commissioner. The Rights Commissioner may be entitled to impose penalties of up to 5000euro on any employer who is found to have maliciously, or otherwise, denied the rights of a persons affected by domestic violence' as described in this Act.

The bill was submitted by /u/inoticeromance and is sponsored by Fine Gael.

This reading will end on the 5th of November, at 10PM.

Leader's Questions for the First Government are now in order.

The Taoiseach and Government Ministers will be taking questions from the house.

TDs may ask 5 questions and are allowed to ask another question in response to each answer they receive. (10 in total).

Non-TDs may ask 3 question and may ask one follow up question (6 in total).

In the first instance, only the Leader may respond to questions asked of them. 'Hear, hear.' and 'Rubbish!' are permitted, and are the only things permitted.

You must tag the Minister you are asking the question to.

• Taoiseach - /u/Mickey_Long

• Tánaiste - /u/ka4bi

• Minister for Finance and Public Expenditure- /u/Alweglim

• Minister for Justice and Foreign Affairs - /u/V-i-d-c-o-m

• Minister for Education - /u/hk-laichar

• Minister for Welfare and Housing - /u/Nijkite

• Minister for Environment, Infrastructure, and Transport - vacant

• Minister for Defence - /u/glasslov

• Minister for Health - /u/Secretary_Salami

Questions may be asked until the 3rd of November, at 10 PM. Two further days are allowed solely for the Ministers to respond to any open questions. The session ends on the 5th of November, at 10 PM .

B003 - Criminal Law (Sexual Offences) Bill

Mar a tionscnaíodh

As initiated

BILL ENTITLED

An Act to define consent in a positive manner, outline circumstances under which consent cannot be extended, add lawful detention to circumstances under which consent cannot be extended, require defendants demonstrate to have sought consent, and include minimum sentencing, while using gender neutral language in order to be inclusive of all identities.

Be it enacted by the Oireachtas as follows:

1. Consent

For the purposes of this Act-

• (a) “Consent” shall be defined as the knowing and voluntary decision to engage in sexual activities where such permission is given in mutually-understandable words or actions and those words or actions provide clear permission as to willingness to engage in a particular activity.

• (b) Within the definition in (a), ‘consent’ shall be considered to be a necessarily continuous act which may be withdrawn or interrupted at any point during sexual activities.

• (c) Consent shall be considered to not have been extended where any of the following circumstances are fulfilled:

  • (i) Any person was, at a time before or during the act, using violence against the complainant['s wishes] or causing the complainant to fear that immediate violence would be used against their wishes.

  • (ii) Any person was, at a time before or during the act, using violence against, or causing the complainant to fear that immediate violence would be against, another person.

  • (iii) The complainant was, and the defendant was not, unlawfully detained at the time of the relevant act.

  • (iv) The complainant was, and the defendant was not, lawfully detained at the time of the relevant act, and the defendant is not married to the complainant.

  • (v) The complainant was asleep or otherwise unconscious at the time of the act.

  • (vi) The complainant was intoxicated to the extent of stupification.

  • (vii) Any person had administered, or caused to be taken by the complainant, without the complainant's consent, a substance which was capable of causing the complainant to be stupefied at the time of the relevant act.

• (d) The failure or omission of a person to offer resistance does not itself constitute consent to the act.

• (e) In determining as to whether the defendant had reasonable belief of consent, it should be examined the steps which were taken in order to assuage that the complainant had extended clear permission to engage in a particular activity over the course of the interaction.

2. Rape

(1) A person shall be considered to have committed the offence of ‘rape’ if:

• (a) The defendant intentionally penetrates (however slight) the vagina or anus of a person with a body part or anything else, or penetrates (however slight) the mouth of a person with a penis.

• (b) That person does not consent to the penetration,

• (c) And at the time the defendant knows that the person has not consented or is reckless as to whether the person has consented,

• (d) Or belief that the person has consented would not be reasonable.

(2) If a person is convicted on indictment of rape, that person shall be convicted to a minimum of ten years in prison.

(3) If a person is convicted on indictment of rape on a third occasion, whether on three previous occasions, or as contained within three counts of rape at that same trial, or a combination thereof, that person shall be convicted to life imprisonment.

3. Sexual Assault

(1) A person shall be considered to have committed the offence of ‘sexual assault’ if:

• (a) The defendant intentionally touches a person,

• (b) And that touching could be reasonably interpreted as being sexual in nature.

• (c) And the person does not consent to the touching,

• (d) And belief that the person has consented would not be reasonable.

(2) If a person is convicted on indictment of sexual assault, that person shall be convicted to a minimum of 18 months in prison.

(3) If a person is convicted on indictment of sexual assault on a third occasion, whether on three previous occasions, or as contained within three counts of sexual assault at that same trial, or a combination thereof, that person shall be convicted to a minimum of five years imprisonment.

4. Aggravated Sexual Assault

(1) A person shall be considered to have committed an offence of ‘aggravated sexual assault’ if:

• (a) The defendant commits ‘sexual assault’ as defined above,

• (b) Involves serious violence or the threat of serious violence or is such as to cause injury, humiliation, or degradation of a grave nature to the person assaulted.

(2) If a person is convicted on indictment of sexual assault, that person shall be convicted to a minimum of 8 years in prison.

5. Forcing A Person to Engage in Sexual Activity

(1) A person shall be considered to have committed the offence of ‘forcing a person to engage in sexual activity’ if:

• (a) The defendant intentionally causes a person to engage in an activity,

• (b) And that activity could be reasonably interpreted as being sexual in nature.

• (c) And the person does not consent to the activity,

• (d) And belief that the person has consented would not be reasonable.

(2) If a person is convicted on indictment of ‘causing a person to engage in sexual activity’ and that activity involved the penetration of the vagina, the anus with a body part or anything else, or the mouth with a penis, that person shall be convicted to a minimum of 10 years in prison.

(3) If a person is convicted on indictment of ‘causing a person to engage in sexual activity’ and that activity involved a touching that could be reasonably interpreted as being of a sexual nature, that person shall be convicted to a minimum of 5 years in prison.

6. Miscellaneous

(1) A person indicted on rape under this statute, if the evidence does not warrant a conviction of rape, but warrants a conviction of sexual assault or aggravated sexual assault, will be found guilty of sexual assault or aggravated sexual assault as appropriate.

(2) A person indicted on aggravated sexual assault under this statute, if the evidence does not warrant a conviction of aggravated sexual assault, but warrants a conviction of sexual assault, will be found guilty of sexual assault.

The bill was submitted by /u/inoticeromance and is sponsored by Fine Gael.

This reading will end on the 2nd of November, at 10PM.

B002 - Refugee Freedom Bill

Mar a tionscnaíodh

As initiated

BILL ENTITLED

An Act to abolish the current system for refugee allocation known as Direct Provision, ensure that fair competition can take place within refugee centres where they may exist, and to ensure refugees to Ireland can fully and successfully integrate into the native population.

The Dáil recognises that:

(1) Direct Provision was originally intended as a temporary measure, expected to last for a duration of no more than six months, yet has now been in place for twenty years.

(2) The hotel system of Direct Provision has been condemned by many from within Ireland as well as independent human rights groups and the United Nations for denying fundamental human rights such as but not limited to the rights of the child, the right to dignity, and the right to respect.

(3) Due to the constraints of Direct Provision, refugees within the system are not permitted to obtain work with very slim state provisions for funds, which then can only be spent on food or other services provided by the Aramark corporation which holds a monopoly in some areas.

(4) Residents of the hotels in Direct Provision are often harassed or attacked by xenophobic groups and individuals and are unable to seek legal counsel, psychological aids, or police protection.

(5) Refugees experience extreme difficulty in being able to legally leave Direct Provision, often taking years or decades to do so, due to the restrictive nature of the program causing further trouble in their goal to integrate into the native Irish population.

Be it enacted by the Oireachtas as follows:

1. Direct Provision abolished

(1) Direct Provision is to be abolished as soon as is possible such that no further detriment to refugees both external and internal to Direct Provision may be caused without exceptional reasons.

(2) A new department jointly administered by the Ministry of Welfare and Housing and the Ministry of Justice and Foreign Affairs intended to repatriate refugees wherever possible is to be immediately formulated and constructed to serve at the Irish border and at refugee camps or other locations where refugees may encounter agents of the Irish state who are able to either find them refuge in this system or to escort or otherwise direct them to agents who can.

(3) The process by which refugees now are permitted entry to the Republic of Ireland and thereby allocated accommodation shall no longer be in centralised locations such as hotels, but instead by presenting a short-list of five towns to each family or individual as relevant that most closely matches their lifestyle prior to conflict, where they are then permitted to choose their priorities and housing will be found for them in order of this priority list such that if none is available for the first priority, then the second will be used to search for housing and if none are available, then the third priority will be used to search and so forth.

(4) All refugees will be entitled to the above process and asylum seekers, whose claims to refugee status are to be determined as of their arrival to the Irish border, are to be entitled to comfortable accommodation, living conditions, and an ability to integrate into the native population if they so choose without the restrictions of the Direct Provision system being reenacted or a similar that may bear similarities to subsystems such as but not limited to the restriction of freedom of movement beyond their allocated accommodation and the restriction of vendors whom they may purchase food or other supplies from.

(5) Upon the acquisition of a refugees Irish citizenship or other legal indefinite or definite residence, they be given a 6 month transitional period to find suitable housing elsewhere such that the property they occupy can be allocated again to other refugees, and that they lose their state allowance after this six month period has expired such that they may now become qualified to seek welfare payments if they should qualify.

(6) Should an asylum-seeker seeking refugee status be considered to not meet the sufficient requirements to qualify or otherwise be found to be inadequate, they are to be returned to the last country they travelled through or in in order to get to the Republic of Ireland

2. Short title and commencement

(1) This Act may be cited as the Refugee Freedom Act, 2019.

(2) This Act shall come into operation on such day or days as the Ministers may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

3. Definitions

In this Act–

“Refugee” means a person and/or citizen of a country which is not the Republic of Ireland who has been forced to leave, legally or otherwise, from their country due to military conflict, civil oppression, persecution, unjust governance, natural disaster, outbreak of disease, and may be recognised to be of refugee status by the UN 1951 Refugees Convention.

“Direct Provision” refers to the current system of refugee recovery and detention wherein refugees are allocated indefinitely towards hotel systems as instituted and perpetuated by the State in the past.

The bill was submitted by /u/V-i-d-c-o-m and is sponsored by the Government.

This reading will end on the 2nd of November, at 10PM.

M004 - Motion to Outline the Inexistence of the Pursuit of Monarchism in this Government

Mar a tionscnaíodh

As initiated

MOTION ENTITLED:

A motion to outline the inexistence of the pursuit of monarchy in this government, and a commitment to uphold the values of democracy and equality.

Noting that:

• Ireland has for many centuries been the victim of an imperialist and elitist regime that would not have been able to thrive should there have been no monarchy.

• Ireland was founded as a Republic and its constitution states that all power is derived “from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.”

• During the time of the founding of the Irish State, the retention of a monarch was seen to be in direct opposition to the values that were fought for to establish an independent nation. For this reason, the constitution established no monarchy and provided no provisions for the establishment of one.

The Oireachtas urge the Government to:

• Condemn the potential implementation of monarchism in Ireland as incompatible with the values of the Irish nation.

• Commit to never establishing, nor pursuing the establishment of, a monarchy.

• Urge all future governments to not introduce a monarchy.

The motion was submitted by /u/Mickey_Long and /u/ka4bi and is sponsored by the Social Democratic and Labour Party.

This reading will end on the 2nd of November, at 10PM.

M002 - Refugee Recovery Motion [MOTION READING]

Tá - 9

Níl - 0

Staon - 1

DNV - 3

Turnout - 77%

This motion passes and is sent to consideration by the Government.

M003 - Motion to Condemn Communist Regimes [MOTION READING]

Tá - 3

Níl - 6

Staon - 0

DNV - 4

Turnout - 69%

This motion fails.

B002 - Refugee Freedom Bill [FIRST READING]

Tá - 9

Níl - 0

Staon - 0

DNV - 4

Turnout - 69%

This bill passes and advances to the next stage.

B003 - Criminal Law (Sexual Offences) Bill [FIRST READING]

Tá - 9

Níl - 0

Staon - 0

DNV - 4

Turnout - 69%

This bill passes and advances to the next stage.

B004 - Domestic Violence Survivors Protection Bill

Mar a tionscnaíodh

As initiated

BILL ENTITLED

An Act to create a right for domestic abuse survivors to benefit from flexible working arrangements where such are required in order to deal with an incident of domestic abuse.

Be it enacted by the Oireachtas as follows:

1. Definitions

‘Child’ shall be defined in accordance with the Domestic Violence Act 2018.

‘Dependent person’ shall be defined in accordance with the Domestic Violence Act 2018.

‘Domestic violence’ shall be defined in accordance with the definition set out in section 2.

‘Domestic relationship’ shall be defined where a person has a relationship with another person, where they are-

• (1) a spouse or partner to that person,

• (2) a family member of that person,

• (3) ordinarily shares a household with that person,

• (4) has a close personal relationship with that person;

insofar that the court will have due regard for the nature and intensity of this relationship, the amount of time these persons spend together, the places where that time is ordinarily spent, and the manner in which that time is normally spent, and the duration of the relationship. For the avoidance of doubt, it is not necessary for a sexual relationship to persist.

‘Employee’ shall be defined as a person of any age who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment, and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer; and for the purposes of this Act, a person holding office under, or in the service of, the State (including a member of the Garda Siochana or the Defence Forces or a civil servant within the meaning of the Civil Service Regulation Act, 1956) shall be deemed to be an employee employed by the head (within the meaning of the Freedom of Information Act, 1997), of the public body (within the meaning aforesaid) in which he or she is employed and an officer or servant of a local authority for the purposes of the Local Government Act, 1941, or of a harbour authority, health board or vocational education committee shall be deemed to be an employee employed by the authority, board or committee, as the case may be.

‘Employer’ shall be defined, in relation to employee as, the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of ‘‘contract of employment’’ is liable to pay the remuneration of the individual concerned in respect of the work or service concerned shall be deemed to be the individual’s employer, including where appropriate, the successor or an associated employer of the employer.

‘Job’ shall be defined, in relation to an employee, as the nature of the work that the employee is employed to do in accordance with his or her contract of employment and the capacity and place in which he or she is employed.

‘Persons affected by domestic violence’ is a person whom any other person inflicts, or has inflicted, domestic violence, or a person who ordinarily resides with a child against who another person inflicts, or has inflicted, domestic violence.

‘Variation in working arrangements’ shall be defined as a paid leave of absence of up to ten days and/or variation in the worker’s working arrangements, such as flexible working hours.

2. Domestic violence defined

(1) Domestic violence shall refer to any act of violence inflicted against a person by another other person, who that person has a domestic relationship.

(2) Violence shall mean:

• (a) Physical abuse,

• (b) Sexual abuse,

• (c) Psychological abuse including, but not limited to:

  • (i) Intimidation,

  • (ii) Harassment,

  • (iii) Damage to property,

  • (iv) Threats of physical abuse, sexual abuse, or psychological abuse,

  • (v) Financial or economic abuse, including but not limited to:

    • (1) Denying or limiting access to financial resources,

    • (2) Preventing or restricting employment opportunities,

    • (3) Preventing or restricting access to education.

  • (vi) In relation to a child, abuse set out in subsection 3.

(3) Without limiting subsection 2, a person psychologically abuses a child if:

• (a) That person causes or allows the child to see or hear the physical, sexual, or psychological abuse of a person with whom the child has a domestic relationship;

• (b) That person puts the child, or allows the child to be put, at real risk of seeing or hearing that abuse occurring.

(4) A person who suffers abuse will not be considered as having allowed or caused a child to see or hear, or put the child at risk of seeing or hearing, physical, sexual or psychological abuse.

(5) Without limiting subsection 1,

• (a) A single act may amount to abuse for the purposes of that subsection

• (b) A number of acts that form part of a pattern of behaviour may amount to abuse for that purpose, even though some or all of those acts, when viewed in isolation, may appear to be minor or trivial.

3. Leave of absence requests

(1) An employee who is a person affected by domestic violence shall, at any time, make a request for a variation in working arrangement for the purpose of the employee making efforts to deal with the effects of being a victim of domestic violence.

(2) Subsection (1) applies irrespective of the amount of time which has elapsed since the incident of domestic violence, and irrespective of whether the employee was an employee when the incident of domestic violence took place.

(3) Requests may be made either through writing or electronic document/messaging (such as email) and must state the employees name, and the date at which the request is being made; it must state the variation in working arrangements requested, the date of onset of these arrangements and the length of time (no greater than 3 months) where the variation in working arrangement shall occur.

(4) Employers must deal with the request as soon as possible, taking no longer than five working days, and must notify the employee in writing as to whether the request has been accepted or refused.

(5) Employers may ask for proof of an incident of domestic violence, but if and only if the employer files this request within three working days.

4. Miscellaneous provisions

(1) Employees shall, during the period of leave, be still considered as engaged in employment and no right of there’s associated with being in employment shall be affected.

(2) Absence from employment relating to the provisions of this act shall not be considered to be a part of any leave of employment (including sick leave, annual leave, adoptive leave, maternity leave and parental leave).

(3) Any dispute or difference between employer and employee emerging from the application of this Act shall be referred to the Rights Commissioner. The Rights Commissioner may be entitled to impose penalties of up to 5000euro on any employer who is found to have maliciously, or otherwise, denied the rights of a persons affected by domestic violence’ as described in this Act.

The bill was submitted by /u/inoticeromance and is sponsored by Fine Gael.

This reading will end on the 30th of October, at 10PM.