Results 2,541-2,560 of 7,003 for speaker:James Browne

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;”.

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.

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]