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

James Browne: I thank the Deputy for raising this. It is an area I wanted to flag when we got to this section. As I said, we are considering the additional provisions that are required in respect of sentenced persons in regard to their opinion and their consent and, in order to ensure it is fully informed, we are looking at what additional safeguards are required around that. The idea would be that, in...

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

James Browne: Under section 16, there is provision for the Minister to invite views and opinions from other parties, and that would include the victims. It will be a matter for the Minister of the day to do that, effectively, if he or she thinks it is appropriate at that point in terms of making that key decision to transfer. It will be a discretion of the Minister of the day. I suppose the Minister of...

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

James Browne: That is correct. It is a matter for the Minister of the day to take into consideration whether he or she wants to hear from any victim in circumstances where there may be a particular victim. For example, with financial theft, while, of course, there may be knock-on victims and financial theft is a very serious matter, there may not be a particular person who is the victim. The Deputy is...

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

James Browne: I wish to flag a number of potential amendments on Report Stage. The Deputies will recall that I indicated we would bring forward amendments as the Bill progressed to address prisoner transfers under the Council of Europe convention, which, notably, covers the United Kingdom. That is still my intention. A proposal has been prepared and final legal advice is awaited on its implementation....

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

James Browne: There continue to be ongoing bilateral discussions between here and the United Kingdom. It would be important, whatever disputes arise in the context of the protocol and the trade agreements, that these would not affect matters such as this or any other matters of justice or security, and that we would keep those bilateral conversations going. I do not expect that there will be any...

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

James Browne: Certainly, at present, it is happening at an official level between the various officials. As ever, if either I or the Minister, Deputy McEntee, needs to have a direct conversation with our counterparts, they will happen too.

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. 3: In page 24, between lines 18 and 19, to insert the following: "(7) Where a court or person employed by, or acting for or on behalf of, the public administration of the State receives a judgment and a Framework Decision Certificate in respect of the judgment directly from the competent authority of an issuing state, the court or person, as the case may be,...

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

James Browne: I want to flag a potential amendment. This section provides for the surrender and return provisions where a person is surrendered with a condition that he or she will be returned to serve his or her sentence. As a consequence of changes introduced on foot of the Brexit trade and co-operation agreement, TCA, it will require further amendment as a relevant warrant may now include both a...

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

James Browne: With the UK leaving the European Union, European arrest warrants will no longer apply to the UK. The amendment here would effectively mirror the European arrest warrant situation. I am assured that even if there is a collapse in the trade agreement this would still stand in terms of an agreement between ourselves and the United Kingdom but I will get further clarity for the Deputy on that.

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. 4: In page 46, between lines 11 and 12, to insert the following: "Declaration of state to be Member State 58.The Minister may, by order, made following consultation with the Minister for Foreign Affairs, declare a state, other than a state referred to in paragraph (a)or (b)of the definition of "Member State" in section 2(1), to be a Member State for the purposes of...

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

James Browne: That is what we are waiting for in December.

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

James Browne: I agree completely, and, as I say, my officials or I will be available to discuss those amendments in advance with the Deputy or with any of the members here, either as a group or individually, once they are ready and in whichever way required in order to ensure that those amendments are fully considered in advance of Report Stage.

Sex Offenders (Amendment) Bill 2021: Second Stage (Resumed) (18 Nov 2021)

James Browne: I thank Deputies for their contributions on this important Bill over the last number of days. As Minister of State at the Department of Justice, I am determined to see our communities made safer. We make our communities safer by ensuring that the most vulnerable, women and children in particular, are protected. The Sex Offenders (Amendment) Bill 2021, which I am recommending here today,...

Sex Offenders (Amendment) Bill 2021: Referral to Select Committee (18 Nov 2021)

James Browne: I move: That the Bill be referred to the Select Committee on Justice pursuant to Standing Orders 95 and 181.

Saincheisteanna Tráthúla - Topical Issue Debate: Home Care Packages (18 Nov 2021)

James Browne: I thank Deputy Bacik for raising this very important matter. I know the issue of the home care sector is an important one for the Deputy. The Minister of State, Deputy Butler, and the Government are committed to the development of improved community-based services, shifting care to the home and offering greater choice for older people. Last year, an additional €150 million was...

Saincheisteanna Tráthúla - Topical Issue Debate: Home Care Packages (18 Nov 2021)

James Browne: Enabling people with care needs to continue living independently at home for as long as possible is a priority for the Government. That is why there have been significant inroads in some of the waiting lists. I acknowledge, however, that almost 5,000 people have been assessed and are waiting for home care hours to be delivered. It is a distressing situation for anybody to be in, but I...

Saincheisteanna Tráthúla - Topical Issue Debate: Hospital Facilities (18 Nov 2021)

James Browne: I thank Deputy O'Donnell for raising this very important issue around University Hospital Limerick. The Deputy has been passionate on this issue for a long time and raises this matter on a consistent basis, both behind the scenes and in the Dáil Chamber. I acknowledge the scale of the challenge facing our emergency departments as we head into what is expected to be a very difficult...

Saincheisteanna Tráthúla - Topical Issue Debate: Hospital Facilities (18 Nov 2021)

James Browne: I thank Deputy O'Donnell again for raising the important matter around University Hospital Limerick and capacity. The health service capacity review 2018 was clear on the need for a major investment in additional capacity in both acute hospitals and community, combined with a wide-scale reform of the manner and location of where our health services are provided. In January 2020, 795...

Saincheisteanna Tráthúla - Topical Issue Debate: Housing Provision (18 Nov 2021)

James Browne: I thank Deputies Smith and Costello for raising this important matter around St. Michael's estate and on how the rent will be set. I am aware the Minister of State, Deputy English, responded to a similar query from Deputy Joan Collins on Tuesday, 16 November on this important cost rental development at Emmet Road. As indicated by the Minister of State, I can confirm that any rent levels for...

Saincheisteanna Tráthúla - Topical Issue Debate: Housing Provision (18 Nov 2021)

James Browne: I thank Deputies Bríd Smith and Costello for raising this important matter around St. Michael's estate and how the rents will be set. Within the past year, the Minister for Housing, Local Government and Heritage has developed an entirely new policy framework to enable the development of cost rental housing in Ireland, culminating in its inclusion in the Government’s Affordable...

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