Results 4,261-4,280 of 7,312 for speaker:James Browne

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: Correct. It would not apply only in the cases of persons whose time for appeal has elapsed. They have run out of road and are either serving their sentence without further grounds for appeal or have completed their sentence.

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: I move amendment No. 3: In page 3, line 8, after “2019;” to insert the following:“to provide for the retrospective application of certain of these amendments in certain circumstances;”.

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: We could bring the refreshment houses back, I think.

Written Answers — Department of Justice and Equality: Prison Service (6 Oct 2021)

James Browne: The Deputy will wish to note that I introduced the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 on 16 September 2021. The purpose of this Bill is to implement EU framework decision 2008/909/JHA on the mutual recognition of judgments in criminal matters imposing custodial sentences and other measures involving deprivation of liberty. The implementation of...

Written Answers — Department of Justice and Equality: Citizenship Applications (6 Oct 2021)

James Browne: An application for a certificate of naturalisation was received from the person referred to by the Deputy on 11 February 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. The granting of Irish...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senators for their proposal. I recognise the desire to increase clarity in this area. In providing a general defence of humanitarian assistance, we are going well beyond what most other member states have done in the implementation of the same directive.The discretion in Article 1(2) to exclude humanitarian assistance from the scope of the offence has been taken up by only seven...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senators for their comments. There are two aspects to the amendment: adding a definition of "people smuggling" in the first place and including in that new definition a qualification that it is for the purposes of obtaining a financial or other material benefit. In terms of having a definition at all, the specific term of "smuggling of people" is not used in the offences as...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senators for their comments and I appreciate why this amendment is being sought. It is important to emphasise that the State protects the rights of all of those who come into the State, whether they have been smuggled or not, and those rights arise under the Constitution as well as the 1951 convention, the ECHR and other instruments. Both the ECHR and the 1951 convention are...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I am happy to facilitate the conversation with the Department. I did that with the Conveyancing Act and will certainly make sure that happens again with this legislation. I understand the Senator's concerns. I have seen videos of what is happening on the border of the European Union with Belarus. Our duty is to ensure that these rights are upheld. I do not think the proper approach is to...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: These amendments would include financial and material benefit as an element of the offence to be proved by the prosecution. I have discussed this at some length in respect of the previous amendments and it is, of course, something which has been considered in-depth by officials in consultation with the Office of the Attorney General. I do acknowledge that there is a difference between the...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: One of the reasons we have not had prosecutions is that the DPP is of the view that it cannot secure prosecutions. This is because of the almost impossibility of proving material or financial gain in a situation where that has occurred somewhere outside of the State. It is not open to the DPP to run test cases. It has to make decisions on whether or not to prosecute, based on principles...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senators for their suggested change in this regard but, unfortunately, I cannot accept the amendment. The elements of defence have been considered carefully with the Office of the Parliamentary Counsel and the Office of the Attorney General. Removing the phrase, "having reasonable cause to believe" would significantly weaken the offence and would inevitably create issues in...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senator and I understand where she is coming from but making it almost impossible to prosecute smugglers is not going to help those people in the sea who are dying or at risk of dying. Of course, we want to protect the humanitarian organisations and the individuals who rescue people and this is why we have sought to strike a balance here. Effectively, nullifying the legislation...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senator. We discussed the definition of "humanitarian assistance" at length, and I do not propose to go over that again. The conduct that has been outlined in the amendment would be covered by the humanitarian assistance defence, as provided, and the phrasing of the defence in general terms is more appropriate than identifying specific instances where that assistance defence...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: The Senator raises an important point. I suggest that to ensure there is no lacuna there, she not press her amendment at the moment but reserve her right to bring it on Report Stage and we will engage and look at it more specifically to ensure no lacuna is slipping in there.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: We are all very proud of our Naval Service and the commitment it has shown in its humanitarian efforts in the Mediterranean in the past. The Department of Foreign Affairs was extensively consulted on this legislation and it was approved by Cabinet to take to the Houses. I cannot speak to what prosecutions have or have not happened in the Mediterranean but I understand that in similar...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I have listened to the Senator and I think there is a small possibility of a lacuna here. We can look at this again and revisit it at Report Stage.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senator for her comments. This is somewhat related to amendment No. 5. As I said in my contribution on that amendment, the State protects all of those who come into the State, whether they have been smuggled or not. The principle of non-refoulementis given effect to in sections 50 and 50A of the International Protection Act 2015. International protection is granted based on...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: The Senators have introduced several amendments that would require the Minister to prepare reports on several issues. The issues arising are similar in each case. While all the relevant amendments are not grouped, I will speak to the one in question and perhaps refer to others, where possible. As noted on Second Stage, it is correct to say this Bill is relatively narrow. It focuses on the...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I refer to the answer I gave in regard to amendment No. 17. I do not believe the criminal justice Bill is the appropriate means to address international protection questions and, in the circumstances, I cannot accept the amendment.