Results 3,561-3,580 of 7,312 for speaker:James Browne

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: The Minister, Deputy McEntee, indicated on Committee Stage that she would not support amendments of this nature. I reiterate her views. Section 10(1) of the Petty Sessions (Ireland) Act 1851 provides that summary prosecutions must be initiated within a time limit of six months. The time limits provided for in law for summary offences reflect the fact that an individual should not have a...

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: A single image can be treated as a serious and an indictable offence. There is no strict definition to the effect that one image can only be treated as a summary offence. It will be a matter for the judge on the day to take that into consideration.

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: The matter could still come before the court. It is triable, whether summary or indictable. It could come before the court and be dealt with as a indictable matter. However, we cannot blur the line between summary and indictable offences because the distinction is important.

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: I move amendment No. 24: In page 6, lines 24 and 25, to delete all words from and including “Proceedings” in line 24 down to and including line 25 and substitute the following: “Notwithstanding section 52(4) of the Children Act 2001, where a child under 17 years of age is charged with an offence under this Act, no further proceedings in the matter (other than any...

Written Answers — Department of Justice and Equality: Gambling Sector (17 Dec 2020)

James Browne: I propose to take Questions Nos. 470 and 471 together. The Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps. While a General Scheme of a Gambling Control Bill was published in 2013, a considerable amount of...

Written Answers — Department of Health: Health Services (17 Dec 2020)

James Browne: 527. To ask the Minister for Health further to Parliamentary Question No. 596 of 8 December 2020, the position regarding the creation of multidisciplinary teams, MDTs, in community healthcare organisations 6, 7 and 9; the position regarding recruitment and appointment of optometrists, orthoptists and other support staff to deliver care in these teams; the locations of the MDTs; the...

Written Answers — Department of Health: Health Services (17 Dec 2020)

James Browne: 573. To ask the Minister for Health further to Parliamentary Question No. 596 of 8 December 2020, the position regarding the creation of MDTs in CHOs 6, 7 and 9; the position regarding recruitment and appointment of optometrists, orthoptists and other support staff to deliver care in these teams; the locations of these MDTs; the anticipated delivery time frame; the locations of the MDTs...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Second Stage (18 Dec 2020)

James Browne: I am delighted to introduce the Harassment, Harmful Communications and Related Offences Bill to the House today, following its approval by the Dáil yesterday. As Senators will be aware, this Bill is a Private Members' Bill, sponsored by Deputy Brendan Howlin, which was heavily based on recommendations made by the Law Reform Commission in its 2016 Report on Harmful Communications and...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Second Stage (18 Dec 2020)

James Browne: I again thank Deputy Howlin and the Labour Party for bringing forward this Bill. The Government has consulted with the Labour Party the entire way through the passage of this Bill. It has been a very positive and constructive engagement and I hope to see more of that happening. I met Jackie Fox numerous times, especially as the Opposition spokesperson for mental health. I first met her...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: I thank Senators for their contributions. Amendment No. 1 relates to the definition of an intimate image for the purposes of the offences at sections 2 and 3. A number of amendments on Report Stage in the Dáil yesterday sought to ensure that this definition included images that have been altered or doctored, commonly referred to as deep fakes. While I outlined to Deputies in the...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: I welcome any amendments. Irrespective of whether they are accepted, they play an important part in testing the legislation and making it more robust. Legislation should always be a challenged. Once a Bill has been tested by way of amendments and passes through this House, we can be more confident of it. Any comment about broadness within the Bill was more directed at one or two Senators...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: I hope in cases of lesser offences, where intent is not needed, that many of the concerns raised by the Senators would be covered by section 3, which is a strict liability offence and intent is not required.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: Amendments Nos. 9 and 12 relate to the issue of the retention of images. I have already outlined, in discussions on earlier amendments, the reasons that I am opposing amendments of this nature. I point out that the inclusion of retention in section 3 would arguably be more dangerous than in section 2, as there is no requirement in section 3 to prove any intention in respect of the offence....

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: Amendments Nos. 14 and 15 seek to include private messages within the ambit of the offence under section 4. Senators will understand the difficulty in seeking to legislate in the area of communications, speech and private interactions. It is imperative that any such offences do not interfere unduly with the constitutional right to the freedom of speech and that they are...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: I believe under this legislation, it probably is not.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: To be clear, no one is suggesting that this would be in the common good. Where any private information is shared, where that is intended to be harassing, is unacceptable, wrong and something that should be addressed. Speaking on this section of the Bill, it does not seek to make doxxing a criminal offence. That is not to say that it is not wrong or that it should not be a criminal offence...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: Yesterday I brought a Bill to the Dáil which will be before the Seanad in the new year, the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill. It has requirements that banks will have to share personal information with State bodies. I also refer to other areas dealing with whistleblowing, for example. Consequently, any potential unintended consequences...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: Subsection (2) goes to the definition of "intent" as opposed to defining what "harm" is. Under subsection (1), there is a requirement that it must be a threatening or grossly offensive communication to another person. The Attorney General and the DPP are satisfied that there are no concerns that legitimate communications could be covered by this. As Senator Ruane points out, legitimate...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: Amendment No. 16 seeks to include a new offence of harassment in the Bill. I draw the attention of Senators to section 10 of the Bill which amends the existing offence of harassment contained in section 10 of the Non-Fatal Offences against the Person Act 1997. As the Minister, Deputy McEntee, mentioned in the Dáil, she agreed with the extension of the offence of harassment to include...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: The views taken with the amendments to the Bill is that the 1997 Act, albeit a bit old, contains flaws identified by the LRC which will be addressed by these amendments. A one-year report and a three-year review will be carried out on the Bill, if passed. This amendment is extending the remit of the Bill. At the moment, harassment under the existing law is only to the person. This extends...