Results 3,581-3,600 of 7,312 for speaker:James Browne

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

James Browne: Amendment No. 18, proposed by Senators in relation to the waiving of anonymity of a victim, is not considered necessary. The Minister, Deputy McEntee, took the concerns of Deputies and Senators into consideration and introduced an amendment into section 5(2) in the Dáil providing that there is an obligation on a judge to take into account the views of the alleged victim of an offence...

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

James Browne: The line relating to taking the victim's view into consideration is standard across all legislation. It comes from two issues. One is that it is about not fettering judicial discretion, so that section is included. However, the courts and our Constitution always lean towards law being practised in public. That is the starting point. If a victim states to the judge that he or she wants...

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

James Browne: With regard to the issues involving the regulation of social media, it is not a matter for the Department of Justice and does not come under this Bill. It would lie with the new Department of Environment, Climate and Communications. I understand the Minister, Deputy Eamon Ryan, has published a scheme for an updated Bill on the issues of online safety and media regulation. There are...

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

James Browne: I thank the Senators for their contributions. Section 7 refers to summary offences only or where someone is charged summarily. 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 relatively...

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

James Browne: I understand where Senator Ward is coming from. The Office of the Parliamentary Counsel recommended using this wording to ensure there was absolutely no conflict between that Act and this one, because of the difference in the ages between the two sections.

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

James Browne: I appreciate and understand the Senators' concern on the issue. I want to see civil restraint orders happen. Section 13 of the Bill as initiated provided for civil restraint orders. On Report Stage in the Dáil, it was agreed to delete the civil restraint orders provisions from the Bill. I understand that the Minister, Deputy McEntee, and the sponsor of the Bill, Deputy Howlin, had...

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

James Browne: I cannot give a specific timeline now. However, when we come back in January, I expect to be able to give a more definitive timeline on both Bills.

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

James Browne: I thank the Senator for bringing forward these amendments. Amendments Nos. 23 to 25, inclusive, all refer to the amendment to section 10 of the Non-Fatal Offences Against the Person Act 1997. My officials have considered this issue in detail and had extensive consultations with stakeholders in the criminal justice system. There was broad support for the existing harassment offence as one...

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

James Browne: I suppose it will always be a matter for the courts to interpret, and in judicial discretion to assess, whether the event is or is not serious. However, as I say, the concern is that if one does not have that word there, the bar would be set extremely low and could bring in many issues as a criminal offence that it may not be intended to do so.

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

James Browne: To be clear, it is not the behaviour of the perpetrator that is considered serious; it is the effect on the victim. It is if it seriously interferes with the victim's peace or privacy. It is from the perspective of the victim as to whether or not it could be considered "seriously". As I read it, the victim's voice is what is relevant in determining whether something has been serious or not.

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

James Browne: There is also a reasonable person-test then applied to that. One could have somebody who might think something is serious that simply is not. On the other hand, the Senator is correct that just because that person is a little more robust should not mean that somebody can get away with something more there as well. The courts have to take into account what they consider to be a reasonable...

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

James Browne: My understanding is that the courts have interpreted persistent as being effectively two or more events. It should not require daily or weekly occurrence, or anything like that. The Senator is certainly correct that harassment can be seasonal with the perpetrator acting in waves, and where one is dealing with it on and off.As I understand it, however, the courts have interpreted...

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

James Browne: With regard to these conditions, the section extends it the definition to include "about", which can be quite a serious extension. Judicial discretion does not have to apply in this matter. If, however, judges apply discretion, they can attach conditions. If that is the case, I expect that counsel for the person who has been convicted will apply for conditions to be attached. If there...

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

James Browne: Senators will be aware that the requirement to review the Act within three years of its commencement, in section 12 of the Bill, was introduced by way of an amendment on Committee Stage in the Dáil. While there is already a requirement under Standing Orders to carry out a post-enactment report in respect of all new legislation within one year from the date of its passing, I appreciate...

Written Answers — Department of Enterprise, Trade and Employment: Strategic Banking Corporation of Ireland (13 Jan 2021)

James Browne: 11. To ask the Minister for Enterprise, Trade and Employment the position regarding the future investment loan scheme of a bank (details supplied); if there will be future rounds of loans under this scheme; and if he will make a statement on the matter. [45070/20]

Written Answers — Department of Finance: Help-To-Buy Scheme (13 Jan 2021)

James Browne: 224. To ask the Minister for Finance the position regarding the inclusion of second-hand homes within the help-to-buy scheme; and if he will make a statement on the matter. [44976/20]

Written Answers — Department of Justice and Equality: Anti-Social Behaviour (13 Jan 2021)

James Browne: As the Deputy is aware, the Programme for Government contains a number of commitments to build stronger, safer communities. A number of actions have been identified within this area and one of those is the establishment of an expert Forum on Anti-Social Behaviour. The first meeting of the Forum on Anti-Social Behaviour was chaired by my colleague, the...

Written Answers — Department of Justice and Equality: Proposed Legislation (13 Jan 2021)

James Browne: As the Deputy may be aware, the General Scheme of the Criminal Justice (Amendment) Bill 2020, previously entitled the Criminal Justice (Repeal of certain provisions of the Firearms and Misuse of Drugs Acts) Bill 2020 was published last May. The General Scheme provides for the repeal of mandatory sentences for certain second or subsequent firearms and misuse of drugs offences following...

Written Answers — Department of Justice and Equality: Garda Operations (13 Jan 2021)

James Browne: I can inform the Deputy that I am very conscious of how the impact of crime affects the quality of life for local communities. Preventing children getting involved in criminality and diverting children away from it when they have already become involved is a key priority for me as Minister for Justice and the new Programme for Government, Our Shared Future, contains a number of commitments...

Written Answers — Department of Justice and Equality: Gambling Sector (20 Jan 2021)

James Browne: 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. The only current legislation providing for online gambling is contained in the Betting (Amendment) Act 2015 which permits the licensing by the Revenue...