Results 2,621-2,640 of 7,179 for speaker:James Browne

Written Answers — Department of Justice and Equality: Departmental Appointments (16 Dec 2021)

James Browne: In October, the Government approved the publication of the General Scheme of the Gambling Regulation Bill. The General Scheme sets out the framework and legislative basis for the establishment of a new independent, statutory body – the Gambling Regulatory Authority of Ireland (“the Authority”) – to implement a robust regulatory and licensing regime for the gambling...

Written Answers — Department of Justice and Equality: Child Protection (16 Dec 2021)

James Browne: The legislation dealing with the sale and/or distribution of physical video games is the Video Recordings Act 1989. Video games are exempted works for classification purposes unless they fall within the terms provided for in section 3(1)(a) or (b), which covers the grounds for the prohibition of works. Ireland is part of the Pan European Game Information (PEGI) system, which is a...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) and Remaining Stages (8 Dec 2021)

James Browne: I thank Deputy Connolly for her proposed amendments. I will speak to the three grouped for discussion: amendment No. 5 in respect of reporting around prosecutions in humanitarian assistance, and amendments Nos. 6 and 7 in respect of training and identification. Like Deputy Howlin, I would like to remember the tragic events that unfolded in Wexford 20 years ago yesterday, 8 December - we...

Written Answers — Department of Justice and Equality: Road Traffic Offences (8 Dec 2021)

James Browne: I can confirm to the Deputy that funding of almost €200,000 is being provided to eight community-based projects to work with young people involved in the anti-social use of scramblers and quad bikes and related crime. This is a very serious issue for the Government and is reflected in the Programme for Government commitment to enhance powers available to An Garda Síochána to...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: First, the issue of duty of rescue is beyond the scope of this legislation. The Bill does not get into that. In regard to the extraterritorial issue, section 6(3) states: "A person who, in a place outside the State, aids, abets, counsels, procures or attempts the commission of an offence under subsection (1)orsubsection (2)is guilty of an offence." Therefore, there is an extraterritorial...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: In normal course, if the DPP is not satisfied that the evidence is there, the prosecution will not be brought forward. It is not simply a case of failed prosecutions. If the DPP is of the view that an element of the offence cannot be proved or the evidentiary burden cannot be met, no matter how certain the prosecutors may be that somebody is guilty, the prosecution will not be progressed....

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: No. We have a DPP who is independent and who makes an assessment on whether or not to bring a prosecution. There is no "will". There is nothing definite going to happen, quite the opposite. We have an independent DPP who has to make that assessment as to whether it is reasonable. Among a lot of other criteria, the DPP takes into consideration whether there is a reasonable possibility of...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: The DPP does not bring the charge.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: On the last point in that scenario, not only will they be charged with smuggling, but I would expect they will be charged with manslaughter, if they let someone die. If the smuggler-----

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: I am sorry.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: This is an extraterritorial Bill. People do not have to cross a particular line to be charged with this. It is an extraterritorial Bill. If they let someone die, as potentially happened in Wexford, they can be charged with manslaughter or even murder. I would expect additional charges will be brought against those people and rightly so. The purpose of this Bill is to ensure those who...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: This is getting into where the burden lies, and the Commission never got into that. We are saying that this means an exemption for humanitarian assistance. Although I do not believe such a situation would realistically happen, if a person ended up being prosecuted and was about to be convicted, because the prosecution met the burden beyond reasonable doubt of the elements of the offence,...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: The exemption comes after-----

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: It gives an exemption if the prosecution has reached the criteria to prove the elements of the defence beyond reasonable doubt. One does not need an exemption until that arises. That is when the exemption comes in.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: Can I just finish on this point? France has been raised several times here. France provides for a humanitarian assistance exemption under the offence of facilitation of unauthorised residents only. While France has an exemption, it is in exceptionally limited circumstances. I do not want it left out there that France has a broad exemption.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: The person would be entitled to use that as a defence and be entitled to an acquittal. What the Deputy is proposing is that the status quoremains. While the Bill provides not even a risk of someone who may be acting for humanitarian reasons being prosecuted, the Deputy's amendment would maintain the situation where there is no risk to smugglers being prosecuted. Our priority here is not...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: I agree with Deputy Howlin. What we are looking at here is a net issue. As I have said, this matter has been carefully considered in the Seanad. We are carefully considering it in the Dáil today. This is the second time we have considered it, and if we have to come back again, we will consider it again. This is Committee Stage and the issue is being given detailed consideration....

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: That is not what I implied-----

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: I should not need to clarify that. I did not use any language that even implied anything like that.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee Stage (Resumed) (1 Dec 2021)

James Browne: The Deputy should not be disingenuous