Results 5,621-5,640 of 7,312 for speaker:James Browne

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: I understand the point of the Senator's amendment is to formally inform the person concerned of their relevant rights after a section 18 postponement, as that is when they are most likely be at issue. There is a danger here of being overly prescriptive. The courts routinely provide this information at the point that is relevant to the person. Of course, the person is also almost always...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: These amendments would have the effect of deleting the words "without delay" in places where they appear in the Bill. As the Senator will be aware, the EAW framework decision imposes certain time limits on where it has not been possible for Ireland, as the executing judicial authority, to comply with those time limits. In EAW proceedings the framework decision provides that the executing...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: Amendments Nos. 19 and 34 provide for amendment to section 9, which amends section 15 of the 2003 Act, and for the amendment of section 10, which amends section 16 of the 2003 Act. Where a member state is unable to surrender a person within the time limits required, and that failure is due to circumstances beyond the control of that member or the issuing state, the 2003 Act provides that a...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: On amendment No. 23, the Commission has noted that the lack of a mandatory observance of certain time limits in the framework decision is particularly evident from "may" provisions in sections of the 2003 Act which discretion for the High Court not otherwise required in the framework decision. As the Senator will be aware, this legislation transposing the framework decision is the subject of...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: Amendments Nos. 37 to 42, inclusive, amend this section, which inserts a new section16(a) into the 2003 Act. This new section provides that where the prescribed time limits are not met, that failure does not constitute a ground to refuse surrender, does not prejudice the requirement for the court to make a decision as to whether to endorse an arrest warrant for execution and does not...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: Amendment No. 45 relates to section 15. Where a person who has been surrendered to an issuing state and the issuing state wishes to prosecute the person for other offences, the consent of the High Court is required. If the conditions of the EAW framework decision are met and no grounds for non-execution apply, the High Court is obliged to give its consent. Section 15(a) substitutes section...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: This amendment transposes a provision of the Schengen information system regulation in the field of police and judicial co-operation in criminal matters. Article 26(4)(b) of that regulation requires that prior authorisation to make an alert temporarily unavailable be granted by the competent judicial authority. The amendment sets out a procedure to do this.

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: This amendment comes on foot of consultation with key stakeholders and is included with a view to ensuring that conditional surrender is fully reciprocal between the State and other states across Europe. The amendment provides that conditional surrender operates when the State makes such a request of another state, just as it already does where it is requested of the State under section 19.

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: An Garda Síochána (22 Feb 2024)

James Browne: I thank the Deputy for asking this question. The primary purpose of employment vetting as carried out by the Garda National Vetting Bureau, GNVB, is to ensure the safety of children and vulnerable adults. I am sure the Deputy would agree on the vital importance of this task and the need for it to be carried out thoroughly and correctly. The National Vetting Bureau (Children and Vulnerable...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: An Garda Síochána (22 Feb 2024)

James Browne: To be clear, people seeking social housing are not Garda vetted under the Garda vetting Act or in any other shape or form. The local authority can request information on a particular person in the context of the specified persons provisions under section 15 of the 1997 Act, including An Garda Síochána, or from another local authority, for that matter. There is a very specific set...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: An Garda Síochána (22 Feb 2024)

James Browne: I appreciate where the Deputy is coming from. I often hear from the local authority in the area where I live that somebody is being vetted, but it is not Garda vetting as such. Local authorities are using that as a generic term rather than the technical term under the legislation, when what they have done is contact the local superintendent for a particular request relating to a person who...

Ceisteanna Eile - Other Questions: Probate Applications (22 Feb 2024)

James Browne: I thank the Deputy for raising this important question about probate. The Probate Office is an office of the High Court. Management of the courts is the responsibility of the Judiciary and the Courts Service, which are independent in exercising their functions under the Courts Service Act 1998. Probate functions are also carried out by county registrars at district probate registries in 14...

Ceisteanna Eile - Other Questions: Probate Applications (22 Feb 2024)

James Browne: The public-facing portal will act as a single point of contact for users to submit and track their applications through the entire process. That will speed matters up and will also bring transparency as to where applications are at. The electronic submission of applications through the online portal, combined with automated validation of key information at submission time, will enable...

Ceisteanna Eile - Other Questions: Probate Applications (22 Feb 2024)

James Browne: I thank the Deputy. The public roll-out of the launch is expected in the first half of 2025. In the meantime, some public-facing elements are being reopened. The Courts Service is prioritising the hiring of staff. The timeline is as quickly as possible. This type of staff can be difficult to recruit and there is a particular expertise required. In addition, we are in a market where it...

Ceisteanna Eile - Other Questions: Prison Service (22 Feb 2024)

James Browne: I thank Deputy Ó Ríordáin for raising this important matter. Regarding the figures on prison capacity and overcrowding over the past 12 months, I can inform the Deputy that the courts committed 7,946 people to prison in 2023. This represents an increase of 13% on the equivalent figure of 7,043 in 2022 and 30% on the 2021 figure of 6,133. The overall daily average number of...

Ceisteanna Eile - Other Questions: Prison Service (22 Feb 2024)

James Browne: I fundamentally disagree that we do not care about those in prison. One only has to look at some of the progress on the work that has been done by this Government over the past four years. We have a very progressive head of the Irish Prison Service in Caron McCaffrey. The Minister, Deputy McEntee, organised a mental health task force jointly with the Department of Health and significant...

Ceisteanna Eile - Other Questions: Prison Service (22 Feb 2024)

James Browne: It is absolutely recognised that there is a need for additional prison spaces. The aim is that those who deserve to be in prison will be sent to prison and those who can be diverted will be diverted. Regarding mental health, the Minister, Deputy McEntee, led a very important task force which came up with real markers which are being implemented to help those who are in prison to get the...

Ceisteanna Eile - Other Questions: An Garda Síochána (22 Feb 2024)

James Browne: I thank the Deputy for raising this important matter regarding the number of Garda members assigned to the Carlow district. It is an issue she consistently raises in respect of Carlow and Kilkenny. The unprecedented allocation of more than €2.35 billion for 2024 to An Garda Síochána demonstrates the Government's commitment to ensuring An Garda Síochána has...

Ceisteanna Eile - Other Questions: An Garda Síochána (22 Feb 2024)

James Browne: The Deputy deserves to be commended on continuing to fight the good cause for more Garda members for County Carlow. As I said, it is a matter for the Garda Commissioner, but I can say on behalf of the Government, the Department of Justice and the Minister that record funding is being provided and training to the maximum extent is being undertaken in Templemore. More gardaí are being...

Ceisteanna Eile - Other Questions: An Garda Síochána (22 Feb 2024)

James Browne: It is recognised that more gardaí are needed across the country. That is why there is a significant recruitment campaign taking place and why record levels of funding have been provided for to recruit gardaí and additional civilian staff to allow for the freeing up of more officers. It is important to point out that probationary gardaí are not the only ones who go into...