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Seanad: European Arrest Warrant (Amendment) Bill 2022: Report and Final Stages (28 Feb 2024)

James Browne: Amendments Nos. 5 and 12 also deal with situations where surrender does not take place due to force majeure.These amendments address a technical issue with the amendments made to sections 15(5)(b) and section 16(5)(b) to clarify that it is the court rather than the central authority that must be satisfied that the force majeure circumstances continue to exist.

Seanad: European Arrest Warrant (Amendment) Bill 2022: Report and Final Stages (28 Feb 2024)

James Browne: Amendments Nos. 6 and 13 clarify the obligations for the consideration of an appeal or an article 40 application, prevents the determination of surrender proceedings within the relevant time limit that the court causes the issuing judicial authority on Eurojust to be informed and clarifies the requirement to provide reasons when so doing.

Seanad: European Arrest Warrant (Amendment) Bill 2022: Report and Final Stages (28 Feb 2024)

James Browne: This addresses a limitation of the provisions in respect of temporary surrender in section 19 of the Act. This arises where a person has been sentenced in the state for a separate offence but their surrender is sought by the issuing state. The court has a discretion to allow their temporary surrender to be tried in the other state and determines the applicable conditions. This is being...

Recent Arson Attacks: Statements (27 Feb 2024)

James Browne: I am glad to have the opportunity to speak to Members of the House today. This is a very serious issue and one that I am glad to be discussing today. I echo what my Department colleague, the Minister, Deputy McEntee, has said. The recent incidents of arson that we have seen are categorically not a legitimate form of protest. These are criminal acts by a small group of people who want...

Written Answers — Department of Justice and Equality: Gambling Sector (27 Feb 2024)

James Browne: I propose to take Questions Nos. 347 and 348 together. The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling...

Written Answers — Department of Justice and Equality: State Bodies (27 Feb 2024)

James Browne: The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in-person perspective. The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the...

Ceisteanna Eile - Other Questions: An Garda Síochána (22 Feb 2024)

James Browne: It is recognised that more gardaí are needed across the country. That is why there is a significant recruitment campaign taking place and why record levels of funding have been provided for to recruit gardaí and additional civilian staff to allow for the freeing up of more officers. It is important to point out that probationary gardaí are not the only ones who go into...

Ceisteanna Eile - Other Questions: An Garda Síochána (22 Feb 2024)

James Browne: I thank the Deputy for raising this important matter regarding the number of Garda members assigned to the Carlow district. It is an issue she consistently raises in respect of Carlow and Kilkenny. The unprecedented allocation of more than €2.35 billion for 2024 to An Garda Síochána demonstrates the Government's commitment to ensuring An Garda Síochána has...

Ceisteanna Eile - Other Questions: An Garda Síochána (22 Feb 2024)

James Browne: The Deputy deserves to be commended on continuing to fight the good cause for more Garda members for County Carlow. As I said, it is a matter for the Garda Commissioner, but I can say on behalf of the Government, the Department of Justice and the Minister that record funding is being provided and training to the maximum extent is being undertaken in Templemore. More gardaí are being...

Ceisteanna Eile - Other Questions: Probate Applications (22 Feb 2024)

James Browne: I thank the Deputy. The public roll-out of the launch is expected in the first half of 2025. In the meantime, some public-facing elements are being reopened. The Courts Service is prioritising the hiring of staff. The timeline is as quickly as possible. This type of staff can be difficult to recruit and there is a particular expertise required. In addition, we are in a market where it...

Ceisteanna Eile - Other Questions: Prison Service (22 Feb 2024)

James Browne: I thank Deputy Ó Ríordáin for raising this important matter. Regarding the figures on prison capacity and overcrowding over the past 12 months, I can inform the Deputy that the courts committed 7,946 people to prison in 2023. This represents an increase of 13% on the equivalent figure of 7,043 in 2022 and 30% on the 2021 figure of 6,133. The overall daily average number of...

Ceisteanna Eile - Other Questions: Prison Service (22 Feb 2024)

James Browne: I fundamentally disagree that we do not care about those in prison. One only has to look at some of the progress on the work that has been done by this Government over the past four years. We have a very progressive head of the Irish Prison Service in Caron McCaffrey. The Minister, Deputy McEntee, organised a mental health task force jointly with the Department of Health and significant...

Ceisteanna Eile - Other Questions: Prison Service (22 Feb 2024)

James Browne: It is absolutely recognised that there is a need for additional prison spaces. The aim is that those who deserve to be in prison will be sent to prison and those who can be diverted will be diverted. Regarding mental health, the Minister, Deputy McEntee, led a very important task force which came up with real markers which are being implemented to help those who are in prison to get the...

Ceisteanna Eile - Other Questions: Probate Applications (22 Feb 2024)

James Browne: I thank the Deputy for raising this important question about probate. The Probate Office is an office of the High Court. Management of the courts is the responsibility of the Judiciary and the Courts Service, which are independent in exercising their functions under the Courts Service Act 1998. Probate functions are also carried out by county registrars at district probate registries in 14...

Ceisteanna Eile - Other Questions: Probate Applications (22 Feb 2024)

James Browne: The public-facing portal will act as a single point of contact for users to submit and track their applications through the entire process. That will speed matters up and will also bring transparency as to where applications are at. The electronic submission of applications through the online portal, combined with automated validation of key information at submission time, will enable...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: I do not propose to speak to amendment No. 2. The purpose of amendments Nos. 3 to 5, inclusive, is to delete the words "in that state" in section 4. The need for the amendment arises from the decision of the High Court in the case of the Minister for Justice and Equality v.Giedrius Gustas 2021. It was subject to an Article 267 reference in the Court of Justice of the European Union, ECJ....

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: The amendment provides for people who are arrested on foot of a trade and co-operation agreement arrest warrant issued by the United Kingdom. They are advised of their right to legal advice in the issuing state for the purpose of assisting their legal representatives here.

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: Amendments Nos. 13 to 16, inclusive, 24 to 27, inclusive, 29 to 32, inclusive, and 57 and 60 are grouped for discussion. They are amendments relating to optional grounds for refusal and the repeal of section 21A of the 2003 Act. Amendments Nos. 13 and 15 amend section 9, which amends section 15 of the 2003 Act. These amendments reflect the fact that there are not only mandatory grounds for...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: I certainly hear the Senator's concerns. What we have sought to do is amend section 10 to tighten up the wording in order that the relevant arrest warrant relates to the state which intends to prosecute for offences. We probably feel it is as far as we can go considering the CJEU decisions. We have certainly sought to tighten it up as much as possible to address the Senator's genuine concerns.

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: I understand the point of the Senator's amendment is to formally inform the person concerned of their relevant rights after a section 18 postponement, as that is when they are most likely be at issue. There is a danger here of being overly prescriptive. The courts routinely provide this information at the point that is relevant to the person. Of course, the person is also almost always...

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