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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]

Written Answers — Department of Health: Hospital Staff (9 Nov 2021)

James Browne: 573. To ask the Minister for Health the position regarding the provision of a 0.5 whole-time equivalent clinical psychologist to the County Wexford acute hospital diabetes paediatric diabetes team; and if he will make a statement on the matter. [54074/21]

Written Answers — Department of Health: Hospital Staff (9 Nov 2021)

James Browne: 574. To ask the Minister for Health the position regarding the provision of a clinical psychologist to the diabetes multidisciplinary team in Wexford Hospital and St. Vincent's Hospital, Dublin; and if he will make a statement on the matter. [54075/21]

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Referral to Select Committee (4 Nov 2021)

James Browne: I move: That the Bill be referred to the Select Committee on Justice pursuant to Standing Orders 95 and 181.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Second Stage (4 Nov 2021)

James Browne: I thank the Deputies for their constructive and, for the most part, quite positive comments on the Bill. We are bringing the Bill through the Houses and it has been through the Seanad already. A number of issues have been raised and I will try to address some of those. I will also have an opportunity to address some of them in more detail on Committee Stage. A number of Deputies raised...

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