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Written Answers — Department of Justice and Equality: Visa Applications (18 May 2021)

James Browne: Following a full consideration by a Visa Officer, the visa application referred to by the Deputy was refused. A letter issued to the applicant on 9 December 2020, outlining the reasons for this refusal. An appeal was lodged to the relevant Visa Office on 29 January 2021, and it is currently awaiting examination.  In order to be fair to all applicants, appeals...

Written Answers — Department of Justice and Equality: Antisocial Behaviour (18 May 2021)

James Browne: The Deputy will appreciate that the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including operational decisions on the deployment of resources to tackle crime.  I am very conscious of how anti-social behaviour affects the quality of life for local communities. Preventing children...

Written Answers — Department of Justice and Equality: Naturalisation Applications (18 May 2021)

James Browne: The person referred to by the Deputy submitted an application for a Change of Status to a Stamp 4 permission, which was received on 6 October 2020. A letter issued to the person concerned, dated 27 April 2021, advising that their application had been refused. The reason for refusal was outlined in their refusal letter. It is open to the person concerned to submit a new application...

Written Answers — Department of Justice and Equality: Naturalisation Applications (18 May 2021)

James Browne: An application for a certificate of naturalisation was received from the person referred to by the Deputy on 8 July 2020. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. I...

Written Answers — Department of Justice and Equality: Visa Agreements (18 May 2021)

James Browne: I propose to take Questions Nos. 634, 673 to 675, inclusive, and 679 together. The Government and public health advice is clear, everybody should avoid non-essential travel completely. The travel restrictions are part of the Government’s efforts to interrupt the transmission of COVID-19 and they are designed to support our current public health restrictions on movement, including into...

Written Answers — Department of Justice and Equality: International Protection (18 May 2021)

James Browne: I propose to take Questions Nos. 645 and 646 together. The Family Reunification Unit (FRU) of the Immigration Service of my Department currently has 24 family reunification applications from Palestinian applicants on hand, 9 of which are in the final stages of processing. I expect a decision to issue on these applications shortly. FRU will continue to process...

Written Answers — Department of Justice and Equality: Youth Work Projects (18 May 2021)

James Browne: As the Deputy will be aware, Garda Youth Diversion Projects (GYDPs) are a fundamental support to the operation of the statutory Garda Diversion Programme and provide a vital ingredient in enhancing community policing. These projects are community based multi-agency crime prevention initiatives. As an essential crime prevention and community safety service, GYDPs have continued in...

Written Answers — Department of Justice and Equality: Gambling Sector (18 May 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 Statement of Strategy and the Justice Plan 2021, identify the enactment of legislation to licence and regulate the gambling industry as a key objective. ...

Written Answers — Department of Justice and Equality: Citizenship Applications (18 May 2021)

James Browne: The Citizenship Division of the Immigration Service of my Department estimated that it would finalise in the region of 12,000 citizenship applications in 2020. However, the Deputy will appreciate that these figures were projected before the beginning of the COVID-19 pandemic and before Citizenship Division became aware of the impact the pandemic would have on its processing...

Written Answers — Department of Justice and Equality: Citizenship Ceremonies (18 May 2021)

James Browne: On 18 January 2021, a temporary system that enables applicants to complete their naturalisation process by signing a statutory declaration of loyalty was launched. Approximately 2,014 people have received their Irish citizenship since then.  A further 1,823 people have returned their signed statutory declarations and the Immigration Service of my...

Written Answers — Department of Justice and Equality: Antisocial Behaviour (18 May 2021)

James Browne: As the Deputy will be aware, the policing of any individual incidents of anti-social behaviour is an operational matter for the Garda Commissioner. I am aware that Dublin City Council closed off Portobello plaza last weekend as a result of the antisocial behaviour seen in the area. As the restrictions are eased and the economy and society returns to normal, changes in the...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

James Browne: I know what the Senator is seeking to do with this amendment. The concern is that evidence given at a preliminary hearing might somehow be inconsistent with the evidence given at a trial and, therefore, there should be a facility for the court to allow these inconsistencies to be brought into the open and challenged and interrogated. Clearly, such situations can arise from time to time,...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

James Browne: I will speak to amendment No. 4b. The Senators' intention with this amendment may be to try to adjust the wording to reflect whether the evidence is in fact compelling enough to meet the threshold that is undetermined at the point of going to appeal. I believe that this addition is unnecessary. Furthermore, I have a real concern that in reality, the wording proposed would have the...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

James Browne: The wording mirrors almost identically that in section 23 of the Criminal Procedure Act 2010. This has worked effectively, so far, but we will certainly keep it under review. If there was any change in this Bill it could impact on those cases also. If it was to be changed it would need to be very carefully considered. I take the Senator's point.

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

James Browne: I thank the Leas-Chathaoirleach. I can tell the Senator that the current wording is intentional. The provision was considered very carefully in drafting, taking into account the views of the Attorney General and the Parliamentary Counsel as to the nature of the decision or appeal and the best wording to achieve that. In effect, if the appeal is successful, it is remitted to the trial court...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

James Browne: The Senators raise a very important point. I thank Senator Ward for bringing this amendment forward. It proposes quite a substantial change but it is a very important and helpful proposal. He spoke about writing things out in longhand. The accuracy of auto-transcription software on mobile phones now is phenomenal. This proposal must be assessed from a legal and policy perspective and I...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

James Browne: Section 12 of the Bill implements a recommendation, as Senator Martin pointed out, from the Law Reform Commission's 2013 report on jury service to the effect that the types of information already available under section 57 of the Criminal Justice (Theft and Fraud Offences) Act 2001 would be extended to other trials on indictment and that a trial judge may order that copies of any or all...

Personal Insolvency (Amendment) Bill 2020 [Seanad]: Order for Committee Stage (19 May 2021)

James Browne: I move: "That Committee Stage be taken now."

Personal Insolvency (Amendment) Bill 2020 [Seanad]: Committee and Remaining Stages (19 May 2021)

James Browne: Deputy Fitzpatrick's amendment refers to section 102 of the principal Act. Currently, this provision would allow a personal insolvency practitioner to propose that the principal amount outstanding on a mortgage should be reduced by a certain sum if the borrower grants a share of his or her equity in the secure property to the secure creditor. The effect of the Deputy's amendment is to...

Personal Insolvency (Amendment) Bill 2020 [Seanad]: Committee and Remaining Stages (19 May 2021)

James Browne: The review will be completed this summer and the scheme for the larger Bill is expected by the end of this year. It is on the Government's legislative list.

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