Results 2,101-2,120 of 7,003 for speaker:James Browne

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 28: In page 10, between lines 17 and 18, to insert the following: “PART 4 AMENDMENT OF OCCUPIERS’ LIABILITY ACT 1995Definition (Part 4) 12.In this Part, “Act of 1995” means the Occupiers’ Liability Act 1995.”. This group of amendments relates to the Occupiers’ Liability Act 1995 and the duty of care of occupiers. I...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: One issue that sometimes arises with insurance is that the law is considered to be somewhat complex in this area, so we are attempting to rebalance the current law in order that the occupiers face a decreased risk of liability with regard to those coming onto their property in whatever circumstances they may be. We have sought to do that by lessening the liability but also by bringing...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 29: In page 10, between lines 17 and 18, to insert the following: “Amendment of section 3 of Act of 1995 13.Section 3 of the Act of 1995 is amended— (a) by the insertion of the following subsection after subsection (1): “(1A) Without prejudice to the generality of subsection (2), in determining the extent of the common duty of care of an...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 30: In page 10, between lines 17 and 18, to insert the following: “Amendment of section 4 of Act of 1995 14.Section 4 of the Act of 1995 is amended— (a) in subsection (2)— (i) in paragraph (a), by the substitution of “knew of, or was reckless as to whether,” for “knew or had reasonable grounds for believing that”,...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 31: In page 10, between lines 17 and 18, to insert the following: “Insertion of new section 5A into Act of 1995 15.The Act of 1995 is amended by the insertion of the following section after section 5: “Voluntary assumption of risk 5A.(1) The common duty of care under section 3 shall not impose on an occupier any obligation to a visitor in respect of...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 32: In page 10, between lines 21 and 22, to insert the following: “Amendment of section 17 of Act of 2004 13. Section 17(2) of the Act of 2004 is amended by the substitution of “Subject to subsection (6A), the” for “The”.”. These amendments relate to pre-action offers to settle clinical negligence claims. The term "offer...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 33: In page 10, between lines 21 and 22, to insert the following: “Pre-action offers to settle clinical negligence claims 14.The Act of 2004 is amended by the insertion of the following section after section 17: “17A.(1) Where an offer to settle is made, before the bringing of a clinical negligence action, in respect of a claim relating to a...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 36: In page 15, between lines 13 and 14, to insert the following: “PART 7 AMENDMENT OF DATA PROTECTION ACT 2018 Definition (Part 7) 24. In this Part, “Act of 2018” means the Data Protection Act 2018.”. These particular amendments relate to the Data Protection Act 2018 and amend section 117 of that Act to confer jurisdiction to...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 37: In page 15, between lines 13 and 14, to insert the following: “Amendment of section 117 of Act of 2018 25.Section 117 of the Act of 2018 is amended— (a) by the substitution of the following subsection for subsection (3): “(3) The District Court shall, subject to subsections 5A and 6A, and the Circuit Court shall, subject to...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 38: In page 15, between lines 17 and 18, to insert the following: “Amendment of section 50 of Act of 2019 25.Section 50(4) of the Act of 2019 is amended by the substitution of “a member of the Law Library” for “a member of the General Council of the Bar of Ireland”.”. In its current form, section 50(4) of the Judicial Council...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 39: In page 16, between lines 30 and 31, to insert the following: “PART 8 AMENDMENT OF CIVIL LAW AND CRIMINAL LAW (MISCELLANEOUS PROVISIONS) ACT 2020 Definition (Part 8) 27. In this Part, “Act of 2020” means the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020.”. These amendments clarify that certain applications, notably those...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 40: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 10 of Act of 2020 28. The Act of 2020 is amended by the substitution of the following section for section 10: “Definitions (Part 3) 10.In this Part— ‘civil proceedings’ includes any cause, action, suit, matter or application, other...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 41: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 14 of Act of 2020 29.Section 14(3) of the Act of 2020 is amended— (a) in paragraph (a), by the substitution of “criminal proceedings or relevant proceedings” for “criminal proceedings”, and (b) in paragraph (c)(iii), by the...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 42: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 22 of Act of 2020 30.Section 22 of the Act of 2020 is amended by— (a) the substitution of the following definition for the definition of “criminal proceedings”: “ ‘criminal proceedings’ means proceedings against a person for...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 43: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 23 of Act of 2020 31. Section 23(2)(e) of the Act of 2020 is amended by the deletion of “or any subsequent proceedings”.”.

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 44: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 30 of Act of 2020 32.The Act of 2020 is amended by the substitution of the following section for section 30: “30.(1) Notwithstanding anything contained in the rules (howsoever described) of the body, the validity of a meeting of the members of an...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 44: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 30 of Act of 2020 32.The Act of 2020 is amended by the substitution of the following section for section 30: “30.(1) Notwithstanding anything contained in the rules (howsoever described) of the body, the validity of a meeting of the members of an...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 45: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 31 of Act of 2020 33.Section 31 of the Act of 2020 is amended— (a) in subsection (5), by the substitution of “hearing or in person” for “hearing”, (b) by the insertion of the following subsections after subsection (5): ...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 46: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 32 of Act of 2020 34. Section 32 of the Act of 2020 is amended by the insertion of the following subsection after subsection (5): “(5A) This section is without prejudice to any other enactment or rule of law concerning— (a) the execution...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 47: In page 16, between lines 30 and 31, to insert the following: “PART 9 COURTS AND COURT OFFICERS (CENTRALISED COURT OFFICES AND ELECTRONIC REGISTERS) Interpretation (Part 9) 35. (1) In this Part— “centralised court office” means a court office designated under section 36; “court office” has the same meaning as it has...