The Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026 was published and presented to Dáil Éireann on 9 January 2026. The Bill responds to a range of pressing challenges for the justice system and addresses various Programme for Government commitments. Among other provisions, the Bill includes measures to:
• criminalise the highly exploitative behaviour commonly known as ‘sex for rent’,
• amend legislation relating to disclosure of counselling records in sexual assault trials,
• encourage greater use of community service orders as an alternative to imprisonment in suitable cases,
• remove the legal prohibition on the possession and use of incapacitant spray by prison officers,
• allow the use of more advanced DNA analysis in missing persons cases,
• further facilitate videolink hearings in the criminal courts by enabling bail bonds and suspended sentence bonds to be taken by Gardai and prison officers respectively,
• establish a permanent regulatory basis under which licenced premises may provide outdoor seating on public land, and
• empower the Chief Justice to delegate certain non-judicial functions to other members of the judiciary.
The General Scheme of the Bill included a number of measures which are not in the published Bill as the drafting of these provisions is ongoing. Once this process is complete, and subject to the necessary Government approval, I intend to bring these provisions as Committee Stage amendments to the Bill.