Results 5,461-5,480 of 9,174 for speaker:James Browne

Seanad: EU Regulations (Europol): Motion (26 Apr 2021)

James Browne: I thank Senators for agreeing to take this motion at relatively short notice. The motion relates to a proposal to strengthen and develop Europol to increase the services it provides to European Union member states within the boundaries of the mission and tasks of the agency as laid down in Article 88 of Treaty on the Functioning of the European Union. The deadline for opting in to the...

Seanad: EU Regulations (Europol): Motion (26 Apr 2021)

James Browne: I thank the Senators for their contributions and their broad support for this proposal. This legislative initiative is part of a package of measures presented by the Commission in December 2020 to reinforce the Union's response to the threat posed by terrorism. Since the 2016 regulation came into force the operational support provided by Europol's counterterrorism centre has increased...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: The issues around opening and closing will be revisited when the amendments to section 12 are discussed and I will address them at that point. It is similar with section 11 around court rules. In regard to the issue of the Minister being given powers to decide which offences are included, the Bill goes into detail on section 5 as to what the requirements are for the Minister to decide what...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: I will seek clarification. I suspect and understand that either aiding or abetting after the fact would cover it but I will get absolute clarification.

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: I am in something of a difficult position in that this is the Minister's Bill and I cannot step into her mind. I certainly cannot step into the mind of any future Minister. As I understand it, this is to be used only where there has been considerable consultation. I reiterate that if an order is to be made, it must be laid before the Houses under section 5(4). Any Minister, whether it is...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: I could not put it any better than Senator McDowell has put it. I think the amendment is going to be withdrawn.

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: Senator McDowell gave a very good example of where I would expect a judge would require somebody to be arraigned when he or she is going to challenge that type of evidence in sexual cases. I made a section 4E application once in a manslaughter by omission case. At that time there was no precedent and there was a question as to whether it was even an offence here. Sometimes, there are...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: For my part I welcome amendments from both Government and non-Government Members. It helps to improve legislation, which is hugely welcome. It probably is a departure from times past but it is a welcome departure. I am not minded to accept the amendment for the reason that what the Senators, with the exception of Sinn Féin, are trying to do is already done in the Bill. I refer to...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: I thank the Senator. This is probably just a matter of good practice. The Senator gives an example of the practical impact of a witness travelling a long distance. It may also be the case that there is an expert witness on the State's side of a case, perhaps a forensics expert, where he or she has appeared as a witness in a preliminary trial, and where if the trial was some distance away...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: As Senator Ward rightly points out and Senator McDowell accepts, this already happens in court trials in regard to admissibility, probative value versus prejudicial value and a judge has to make those calls on the basis, sometimes, that if the evidence was allowed to go to the jury for it to decide, perhaps it may put the accused in a prejudicial position. Trial by jury is the cornerstone of...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: It is an important point.

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: I thank the Cathaoirleach Gníomhach. It is proposed to take amendments Nos. 1 to 6, inclusive, together. Before I comment on the detail of amendment No. 1, I propose to make a few preliminary remarks about the overall nature and effect of this group of amendments. The Senator’s proposed amendments all refer to section 2 of the Bill which amends section 16 in the principal Act...

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: Social welfare payments are treated as income in the assessment of a person's income and the amount of reasonable living expenses is then deducted. Social welfare is treated the same as income from work done. Children's allowance is a universal payment and the policy decision was taken at the time to have that stand apart from the other welfare payments. After a person's income, including...

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: This amendment refers to section 91 of the principal Act, which sets out the main criteria for persons to be eligible to propose a personal insolvency arrangement for creditors in order to resolve their debts. Among those criteria, section 91(1)(g) states that debtors must have made a declaration in writing confirming that they have co-operated with the secured creditors for a period of at...

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: The proposed amendment is to section 99 of the principal Act which sets out the mandatory requirements for a personal insolvency arrangement. Section 99(2)(b) provides that the maximum duration of a personal insolvency arrangement shall be six years or 72 months, with an option to extend it by 12 months in specified circumstances, if the personal insolvency arrangement itself so provides....

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: I hear the Senator's concerns. The purpose of the insolvency Acts is to provide an effective and clear resolution in a reasonable period of time, balancing the rights of both creditors and debtors and to get those applicants back to being economically active as quickly as possible. There will always be elements on either side of that and elements of unfairness at the edges but I agree with...

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: Section 16 of the Bill introduces the option for a debtor to make a confirmation of truth as an alternative to a statutory declaration when solemnly confirming his or her complete and detailed financial situation in an application for a personal insolvency arrangement, debt settlement arrangement or a debt relief notice. This confirmation of truth under the Bill is very similar to the...

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: I apologise if there is confusion over my language. I certainly was not implying that the Senator was implying that people may have been dishonest but it may be something on which some people may take a view if they were required to sign a different type of declaration.

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: Under section 23 of the Personal Insolvency Act 2012, the Insolvency Service of Ireland, ISI, is required to prepare and issue guidelines as to what constitutes a reasonable standard of living and reasonable living expenses, RLE, taking into account a list of specified criteria.These are now generally known as RLE guidelines. Section 23 also requires the ISI to re-examine and reissue these...

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: Yes. I will be brief. I agree with the Senator's views on the Department of Social Protection and about having consistency across the various Departments. I cannot speak for the Department of Social Protection but I can speak for the Department of Justice. I will certainly get the Department of Justice to convey that message to the Department of Social Protection.