Results 2,721-2,740 of 7,003 for speaker:James Browne

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: The Senator raises an important point. I suggest that to ensure there is no lacuna there, she not press her amendment at the moment but reserve her right to bring it on Report Stage and we will engage and look at it more specifically to ensure no lacuna is slipping in there.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: We are all very proud of our Naval Service and the commitment it has shown in its humanitarian efforts in the Mediterranean in the past. The Department of Foreign Affairs was extensively consulted on this legislation and it was approved by Cabinet to take to the Houses. I cannot speak to what prosecutions have or have not happened in the Mediterranean but I understand that in similar...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I have listened to the Senator and I think there is a small possibility of a lacuna here. We can look at this again and revisit it at Report Stage.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senator for her comments. This is somewhat related to amendment No. 5. As I said in my contribution on that amendment, the State protects all of those who come into the State, whether they have been smuggled or not. The principle of non-refoulementis given effect to in sections 50 and 50A of the International Protection Act 2015. International protection is granted based on...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: The Senators have introduced several amendments that would require the Minister to prepare reports on several issues. The issues arising are similar in each case. While all the relevant amendments are not grouped, I will speak to the one in question and perhaps refer to others, where possible. As noted on Second Stage, it is correct to say this Bill is relatively narrow. It focuses on the...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I refer to the answer I gave in regard to amendment No. 17. I do not believe the criminal justice Bill is the appropriate means to address international protection questions and, in the circumstances, I cannot accept the amendment.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: At this stage, I am not minded to accept the amendment but we can look at it again on Report Stage.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senator. As a general rule, the question of whether powers have been properly exercised is a matter for evidence for the courts. It can be challenged in court. Enforcement officers are routinely required to provide evidence that reasonable grounds existed for the exercise of the powers. I do not believe this amendment is necessary. For the most part, those officers will be...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: It is reasonably rare, thankfully, that any of our enforcement officers, whether from the Naval Service, the Revenue Commissioners or An Garda Síochána, abuse their powers. When this does occur or when a person may feel abused, there are outlets to complain about those, such as to the Garda Síochána Ombudsman Commission, GSOC, for example. Of course, there is the option...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senators. Unfortunately, I cannot accept this amendment. Effectively, recklessness is being aware of a risk and deciding to take it anyway. As Senator Ward said, it is not about a mistake. If the decision as to why action taken is made in good faith, it is not recklessness either and such a person should be okay in that regard. It is not absolute liability for the making of an...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: Recklessness has been well defined by the criminal courts over the years and they have dealt with this situation through our criminal code. It is more than mistake and more than negligence. It is just shy of actual deliberate intent. It concerns someone acting with a lack of regard in the face of a situation he or she should be very much aware involves a real risk. To remove the reference...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I acknowledge that a broader discussion needs to happen in respect of safe passage. Ireland has to be part of this. It has to be part of an international discussion. I do not believe that a relatively narrow criminal justice Bill is the appropriate place for these provisions. In the circumstances, I oppose the amendment.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: Any involvement by the State in international humanitarian search-and-rescue missions and operations, including the involvement of the Naval Service, is done in co-operation with our EU partners and in the context of our UN missions. The Naval Service's involvement in the Mediterranean was as part of Operation Pontus and Operation Sophia. The Naval Service has not been deployed to the...

Written Answers — Department of Justice and Equality: Proposed Legislation (7 Oct 2021)

James Browne: The Justice Plan 2021 identifies the enactment of legislation to licence and regulate the gambling industry as a key objective. Work on the General Scheme of the Gambling Bill is at an advanced stage. The Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to...

Written Answers — Department of Justice and Equality: Residency Permits (7 Oct 2021)

James Browne: It is open to the person referred to by the Deputy to apply for a change of immigration status from Stamp 3 to Stamp 4 if they meet the criteria for doing so. Further information on the criteria for changing immigration permission, including instructions on how to change permission are available on the Immigration Service website at:...

Written Answers — Department of Justice and Equality: Asylum Applications (7 Oct 2021)

James Browne: In early 2019 the International Protection Office began exploring options to facilitate international protection interviews outside Dublin using video conference technology. One of the options explored was a building in Cork City which was due to be vacated by the Probation Service which is under the remit of my Department. I am informed that following testing of systems in the spring of...

Written Answers — Department of Justice and Equality: Immigration Status (7 Oct 2021)

James Browne: The person referred to is the subject of a Deportation Order made on 1 February 2019. However, they made a request on 23 October 2020, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked and this will be considered as soon as possible. The decision will be that the existing Deportation Order will be either ‘affirmed’ or...

Written Answers — Department of Justice and Equality: Humanitarian Access (7 Oct 2021)

James Browne: I propose to take Questions Nos. 358 and 359 together. I am very conscious of the plight faced by the Afghan people following the collapse of the former Afghan government and the takeover by the Taliban, that has further fuelled the humanitarian crisis in Afghanistan. Ireland's national response to the current crisis includes opening the Irish Refugee Protection Programme (IRPP)...

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: I do not have any numbers on that. It is belt-and-braces approach. There may be no cases affected but considering the relevant pieces here, it is possible or even probable that there will be a couple of cases going through the system. We have to make sure.

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: That is correct. The way the interpretation of retrospection works is that those people could still be subject to the law as extant at the time of a second or subsequent offence that carries a penalty of a mandatory minimum sentence. Therefore, such persons would have grounds for appeal and there would be all sorts of consequences from that. This is to ensure the provisions we pass here...