Results 4,621-4,640 of 9,174 for speaker:James Browne

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: In normal course, if the DPP is not satisfied that the evidence is there, the prosecution will not be brought forward. It is not simply a case of failed prosecutions. If the DPP is of the view that an element of the offence cannot be proved or the evidentiary burden cannot be met, no matter how certain the prosecutors may be that somebody is guilty, the prosecution will not be progressed....

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: No. We have a DPP who is independent and who makes an assessment on whether or not to bring a prosecution. There is no "will". There is nothing definite going to happen, quite the opposite. We have an independent DPP who has to make that assessment as to whether it is reasonable. Among a lot of other criteria, the DPP takes into consideration whether there is a reasonable possibility of...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: The DPP does not bring the charge.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: On the last point in that scenario, not only will they be charged with smuggling, but I would expect they will be charged with manslaughter, if they let someone die. If the smuggler-----

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: I am sorry.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: This is an extraterritorial Bill. People do not have to cross a particular line to be charged with this. It is an extraterritorial Bill. If they let someone die, as potentially happened in Wexford, they can be charged with manslaughter or even murder. I would expect additional charges will be brought against those people and rightly so. The purpose of this Bill is to ensure those who...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: This is getting into where the burden lies, and the Commission never got into that. We are saying that this means an exemption for humanitarian assistance. Although I do not believe such a situation would realistically happen, if a person ended up being prosecuted and was about to be convicted, because the prosecution met the burden beyond reasonable doubt of the elements of the offence,...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: The exemption comes after-----

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: It gives an exemption if the prosecution has reached the criteria to prove the elements of the defence beyond reasonable doubt. One does not need an exemption until that arises. That is when the exemption comes in.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: Can I just finish on this point? France has been raised several times here. France provides for a humanitarian assistance exemption under the offence of facilitation of unauthorised residents only. While France has an exemption, it is in exceptionally limited circumstances. I do not want it left out there that France has a broad exemption.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: The person would be entitled to use that as a defence and be entitled to an acquittal. What the Deputy is proposing is that the status quoremains. While the Bill provides not even a risk of someone who may be acting for humanitarian reasons being prosecuted, the Deputy's amendment would maintain the situation where there is no risk to smugglers being prosecuted. Our priority here is not...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: I agree with Deputy Howlin. What we are looking at here is a net issue. As I have said, this matter has been carefully considered in the Seanad. We are carefully considering it in the Dáil today. This is the second time we have considered it, and if we have to come back again, we will consider it again. This is Committee Stage and the issue is being given detailed consideration....

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: That is not what I implied-----

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: I should not need to clarify that. I did not use any language that even implied anything like that.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: The Deputy should not be disingenuous

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: Everybody in this House is coming from the same perspective, which is that of trying to protect the lives of those people who are so desperate for a better life that they are prepared to pay somebody to smuggle them into another country, a country they see as providing a better opportunity. We have seen that those people have lost their lives. We saw it only last week, and we saw it in my...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Antisocial Behaviour (1 Dec 2021)

James Browne: I thank Senator Crowe for raising this very important matter relating to antisocial behaviour throughout Ireland but specifically in Eyre Square. Senator Crowe has been raising concerns not only here in the Chamber but also behind the scenes with the Department of Justice and An Garda Síochána. I understand how important it is to him to ensure members of the public and his local...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Antisocial Behaviour (1 Dec 2021)

James Browne: Community safety is a core priority of the Department of Justice and for the Government in terms of the different programmes it is bringing forward. The deployment of gardaí throughout the country is an operational matter for the Garda Commissioner. Once gardaí are deployed to the various divisions, it is a matter for the chief superintendents whether they are deployed as...

Seanad: Criminal Justice (Amendment) Bill 2021: Report and Final Stages (1 Dec 2021)

James Browne: I thank Senator Ruane for putting forward very cogent amendments. I certainly heard her very strong arguments in regard to the purpose of the amendments. I will not be accepting the amendments and I will set out why. I note amendments Nos. 1 to 8, inclusive, have been taken together. Amendments Nos. 1 to 8, inclusive, provide for the further amendment of sentencing provisions in the...

Seanad: Criminal Justice (Amendment) Bill 2021: Report and Final Stages (1 Dec 2021)

James Browne: I do not have the rationale to hand for the Senator but all the aspects of minimum sentencing could be examined when the review is being carried out.