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Written Answers — Department of Justice and Equality: Legislative Measures (8 Feb 2023)

James Browne: I am assuming that the Deputy is referring to whether or not there are laws or regulations in place to ensure firearms must not be used or discharged within a certain distance from the public. On that basis, I can advise the Deputy that section 8 of the Firearms and Offensive Weapons Act 1990 provides for an offence of reckless discharge of a firearm. A person who discharges a firearm being...

Saincheisteanna Tráthúla - Topical Issue Debate: Crime Prevention (1 Feb 2023)

James Browne: I again thank Deputy Ó Laoghaire for raising this very important matter. I will certainly convey his concerns to the Minister, Deputy Harris, on whose behalf I also thank the Deputy. The Deputy will be aware that the Government is rolling out a number of policy and legislative initiatives, which will reduce the level of criminal behaviour in our communities. These include...

Saincheisteanna Tráthúla - Topical Issue Debate: Crime Prevention (1 Feb 2023)

James Browne: As the Deputy is aware, the Garda Commissioner is responsible by law for the management and administration of Garda business, which includes the allocation of Garda resources. The Minister for Justice, Deputy Simon Harris, has no direct role in matters of operational policing. The Government is committed to ensuring An Garda Síochána has the resources it needs, with record funding...

Seanad: Protection of Private Residences (Against Targeted Picketing) Bill 2021: Second Stage (26 Jan 2023)

James Browne: I am taking this Private Members' Bill on behalf of the Minister for Justice, Deputy Harris, who unfortunately cannot be here. I would like to begin by strongly condemning a small minority of people whose intentions in recent weeks have been to create division and who are engaging in intimidation rather than protest. Over the past year, communities across Ireland have demonstrated great...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: I thank the Senator for his amendment. Section 46 provides for a consideration of applications and conditions for making of recommendations and under it the commission shall consider applications made in accordance with the judicial selection statement and shall not recommend an applicant to judicial office unless it is satisfied that the applicant is an eligible person; possesses the...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: Having somebody apply on multiple occasions and having to be re-interviewed may be cumbersome but it is appropriate. It is fair in any new appointment where new applicants may also be applying for the same job that everybody be treated in a similar fashion. It is not unusual in any job interview process that some people are not called for interviews, for whatever reason. It will be up to...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: The answer to the last part is "No". As stated, the Government will not be in a position to appoint anybody who has not been recommended by the commission. Receiving all names will allow the Minister to assess in time the level of applications for a particular area, the range of persons applying, the professions of the applicants and whether it is likely that the diversity goals will be...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: It is important that the Minister can keep under review the type of applicants who are applying for different positions to see that the different goals are being met in terms of diversity and see the interest in and attractiveness of different positions. It is important for the Minister to have that information. The Government may only appoint someone who has been recommended.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: We believe this legislation is constitutional; otherwise we would not have tabled it. I will not repeat the speaking points about why we are gathering this additional information. Regarding eligibility, all Supreme Court justices will be eligible to apply for that vacancy. The independent commission is simply making recommendations and it will not go as far as to say anybody is unsuitable...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: That is my understanding, yes.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: At the risk of getting into synonyms, I think it just means the outcome of the interview. It is not expanded upon other than that.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: The conduct of the interview process is a matter for the commission. As to the results of the interview, an outcome is that there has to be an actual recommendation. While paragraphs (a) and (b) provide for specific particulars, the Government will be making a decision between those who are recommended. Therefore, the result of the interview, its outcome, is that the persons are recommended.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: No. The result of the interview is simply that the person is recommended, if that is the outcome. There has to be a statement that they are recommended. That is the outcome if they are recommended.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: The Minister must be informed if a person is, in fact, recommended.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: Obviously, the commission will decide the results and what that means. While it may be implied that a person being put forward is recommended, I do not think there is any issue with a commission setting out in black and white that the person is, in fact, recommended. In something like this, simply leaving it to implication, it would be open to authoritative criticisms in such circumstances.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: I can only repeat what I said before. The results are a matter for the commission to decide and set out.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: I confirm nothing more is intended regarding that.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: The Chief Justice and the President of the Court of Appeal.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)

James Browne: The Supreme Court would nominate a substitute.

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