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Written Answers — Department of Justice and Equality: Legislative Process (3 Nov 2021)

James Browne: As the Deputy will be aware, the purpose of the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 is to implement the provisions of EU Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their...

Seanad: Land and Conveyancing Law Reform Bill 2021: Second Stage (9 Nov 2021)

James Browne: On behalf of the Minister for Justice, Deputy McEntee, who regrets that she is unable to be here in person, I am pleased lead off the debate on Second Stage. As Senators will be aware, this is an important and urgent Bill. Under Part 8 of the Land and Conveyancing Law Reform Act 2009, significant changes to the law on prescriptive easements and profits à prendreare due to take effect...

Seanad: Land and Conveyancing Law Reform Bill 2021: Second Stage (9 Nov 2021)

James Browne: I thank Senators Daly, Boyhan, Ward, Garvey, Ó Donnghaile, Moynihan, Kyne, Conway, Seery Kearney and Lombard for their contributions, which were welcome. It is reflective of the fact that, despite it being an exceptionally complex area of law, the situation arising out of its need very much resonates on the ground. I think of one particular situation in my constituency where an elderly...

Written Answers — Department of Health: Hospital Staff (9 Nov 2021)

James Browne: 571. To ask the Minister for Health the position regarding appointing a clinical psychologist to the County Wexford acute hospital diabetes multidisciplinary team given the need for psychosocial support in diabetes care; and if he will make a statement on the matter. [54072/21]

Written Answers — Department of Health: Hospital Staff (9 Nov 2021)

James Browne: 572. To ask the Minister for Health the position regarding the provision of a diabetes psychology resource to the County Wexford community diabetes specialist team hub under the Integrated Model of Care for the Prevention and Management of Chronic Disease Implementation Guide; and if he will make a statement on the matter. [54073/21]

Written Answers — Department of Health: Hospital Staff (9 Nov 2021)

James Browne: 573. To ask the Minister for Health the position regarding the provision of a 0.5 whole-time equivalent clinical psychologist to the County Wexford acute hospital diabetes paediatric diabetes team; and if he will make a statement on the matter. [54074/21]

Written Answers — Department of Health: Hospital Staff (9 Nov 2021)

James Browne: 574. To ask the Minister for Health the position regarding the provision of a clinical psychologist to the diabetes multidisciplinary team in Wexford Hospital and St. Vincent's Hospital, Dublin; and if he will make a statement on the matter. [54075/21]

Seanad: Criminal Justice (Amendment) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: I thank the Senators for their contributions. I wish to point out, as noted in my introductory remarks on Second Stage, that the Supreme Court ruling does not affect the provisions in statute that provide for presumptive minimum sentences where there is judicial discretion. That issue is not addressed in the Bill.

Civil Law (Miscellaneous Provisions) Act 2021: Motion (16 Nov 2021)

James Browne: I move: That Dáil Éireann resolves that the period of operation of sections 1 to 7 and 9 of the Civil Law (Miscellaneous Provisions) Act 2021 (No. 14 of 2021) be extended for a period of 6 months, beginning on the 1st day of December, 2021 and ending on the 31st day of May, 2022. I am here to introduce a resolution to extend the sunset clause in the Civil Law (Miscellaneous...

Seanad: Land and Conveyancing Law Reform Bill 2021: Report and Final Stages (16 Nov 2021)

James Browne: Based on extensive legal advice, the options being proposed by the Senators would further complicate matters for all concerned, be likely to incur litigation and increase legal costs, and bring little benefit, if any, compared with the legal rules already set out in the Bill. I will give a number of reasons for this. It is worth recalling that, before the Land and Conveyancing Law Reform...

Seanad: Land and Conveyancing Law Reform Bill 2021: Report and Final Stages (16 Nov 2021)

James Browne: I thank the Senator for her amendment. I also thank for her engagement on this matter and for raising the importance of addressing matter, which has caused considerable distress for some people. Section 2 of the Bill already makes provision for cases that are pending on 30 November 2021 when the Bill will come into operation, including court proceedings and applications under the...

Seanad: Land and Conveyancing Law Reform Bill 2021: Report and Final Stages (16 Nov 2021)

James Browne: The acceptance of the amendment would delete section 3 of the Bill, which refers to special restriction periods for State lands and for foreshore. Senator Boylan spoke to amendment No. 6 but Senator Higgins spoke to amendment No. 7. I must make a couple of important points. As with the earlier amendments seeking to delete section 2(b), this proposes a significant shift in established policy...

Written Answers — Department of Transport, Tourism and Sport: Driver Test (16 Nov 2021)

James Browne: 185. To ask the Minister for Transport, Tourism and Sport the status of a driving test for a person (details supplied); and if he will make a statement on the matter. [55568/21]

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: I move amendment No. 1: In page 7, line 15, to delete “European Union, and” and substitute “European Union,”. I thank the Cathaoirleach. Amendments Nos. 1, 2 and 4 are to be taken together and allow for non-European Union states operating to a framework decision. This is particularly relevant for Schengen-associated states, Liechtenstein, Norway, Iceland and...

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: Yes, I will flag that on a later Stage but I am happy to deal with that point now. The hope was to bring a number of significant amendments on that on Committee Stage. Due to the complexities of these issues, they were not ready for Committee Stage but they will be ready on Report Stage. Again, due to their complexity I am happy to share those amendments in advance with the committee in...

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: We are hoping to have this entire Bill through the House before Christmas and, therefore, we are aiming to have these amendments available as soon as possible and we are looking at the first week of December.

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: We will give committee members as much time to consider the amendments in advance as possible because this Bill must be passed to meet Schengen requirements. We will certainly facilitate the members. As soon as I get the amendments, I will send them across.

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: I am told there was one transfer very recently. However, the position remains the same in that it is very difficult because of the decisions in the courts here in Ireland to try to meet those criteria in terms of how we implement restrictions that are put on prisoners in the UK. Effectively, it is almost impossible to apply them because we do not have those same restrictions here and...

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: A bit of a backlog would be expected because there have been so few transfers and, as I said, there has only been one in the last five years. For some of those who wanted to transfer five years ago, their prison time would have passed anyway. The estimate is that there may be a backlog of about 30 to 40 and once they are dealt with, we are probably looking at about ten per year thereafter....

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: I move amendment No 2: In page 7, line 20, to delete “2011;” and substitute the following: “2011, and (c) a state that is declared under section 58to be a Member State;”.

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