Results 3,181-3,200 of 7,010 for speaker:James Browne

Counterfeiting Bill 2020: Report and Final Stages (19 May 2021)

James Browne: The amendment proposes a change to the paragraph and sub-paragraph numbering in section 29 of the Bill, which is an amendment to the Criminal Justice Act 1994. The amended numbering is required because the Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021 was recently enacted and commenced and section 9 of the Act also amends the relevant provisions. The amendment is...

Counterfeiting Bill 2020: Report and Final Stages (19 May 2021)

James Browne: I move amendment No. 9: In page 25, to delete lines 5 and 6 and substitute the following: “ “(pa) section 38(2); (pb) section 38A(1);”.”.

Counterfeiting Bill 2020: Report and Final Stages (19 May 2021)

James Browne: I move amendment No. 10: In page 25, between lines 6 and 7, to insert the following: “Amendment of Economic and Monetary Union Act 1998 30.The Economic and Monetary Union Act 1998 is amended— (a) by the substitution of the following section for section 13: “13.The following shall be defrayed out of the general fund of the Central Bank of Ireland and debited...

Counterfeiting Bill 2020: Report and Final Stages (19 May 2021)

James Browne: This is an amendment to the Economic and Monetary Union Act 1998 to provide for the recovery of costs by the Central Bank of Ireland for the functions carried out relating to euro coins and, in particular, relating to the protection of the euro against counterfeiting. As he was required to do under Council decision 98/415/EC, the Minister for Finance requested an opinion from the European...

Personal Insolvency (Amendment) Bill 2020 [Seanad]: Committee and Remaining Stages (19 May 2021)

James Browne: The review will be completed this summer and the scheme for the larger Bill is expected by the end of this year. It is on the Government's legislative list.

Personal Insolvency (Amendment) Bill 2020 [Seanad]: Committee and Remaining Stages (19 May 2021)

James Browne: Deputy Fitzpatrick's amendment refers to section 102 of the principal Act. Currently, this provision would allow a personal insolvency practitioner to propose that the principal amount outstanding on a mortgage should be reduced by a certain sum if the borrower grants a share of his or her equity in the secure property to the secure creditor. The effect of the Deputy's amendment is to...

Personal Insolvency (Amendment) Bill 2020 [Seanad]: Order for Committee Stage (19 May 2021)

James Browne: I move: "That Committee Stage be taken now."

Written Answers — Department of Justice and Equality: Immigration Status (19 May 2021)

James Browne: My Department has no record of the person referred to by the Deputy or of having received an immigration application on their behalf. If a person is in the State without an immigration permission they must engage with the authorities if they wish to be permitted to remain here legally. Therefore, I would encourage them to contact the Immigration Service of my Department or their local...

Written Answers — Department of Justice and Equality: Citizenship Applications (19 May 2021)

James Browne: The Citizenship Division of the Immigration Service of my Department has received the requested documents from the person referred to by the Deputy. The application is currently being processed with a view to establishing whether they meet the statutory conditions for the granting of naturalisation and will be submitted to me for decision when processing is complete. The granting of Irish...

Written Answers — Department of Justice and Equality: International Protection (19 May 2021)

James Browne: While the International Protection Office (IPO) of my Department estimated that it would make in the region of 4,250 first instance recommendations in respect of international protection applications in 2020, the Deputy will appreciate that these figures were projected before the beginning of the COVID-19 pandemic and before the IPO became aware of the impact the pandemic would have on its...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

James Browne: I know what the Senator is seeking to do with this amendment. The concern is that evidence given at a preliminary hearing might somehow be inconsistent with the evidence given at a trial and, therefore, there should be a facility for the court to allow these inconsistencies to be brought into the open and challenged and interrogated. Clearly, such situations can arise from time to time,...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

James Browne: I will speak to amendment No. 4b. The Senators' intention with this amendment may be to try to adjust the wording to reflect whether the evidence is in fact compelling enough to meet the threshold that is undetermined at the point of going to appeal. I believe that this addition is unnecessary. Furthermore, I have a real concern that in reality, the wording proposed would have the...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

James Browne: The wording mirrors almost identically that in section 23 of the Criminal Procedure Act 2010. This has worked effectively, so far, but we will certainly keep it under review. If there was any change in this Bill it could impact on those cases also. If it was to be changed it would need to be very carefully considered. I take the Senator's point.

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

James Browne: I thank the Leas-Chathaoirleach. I can tell the Senator that the current wording is intentional. The provision was considered very carefully in drafting, taking into account the views of the Attorney General and the Parliamentary Counsel as to the nature of the decision or appeal and the best wording to achieve that. In effect, if the appeal is successful, it is remitted to the trial court...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

James Browne: The Senators raise a very important point. I thank Senator Ward for bringing this amendment forward. It proposes quite a substantial change but it is a very important and helpful proposal. He spoke about writing things out in longhand. The accuracy of auto-transcription software on mobile phones now is phenomenal. This proposal must be assessed from a legal and policy perspective and I...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

James Browne: Section 12 of the Bill implements a recommendation, as Senator Martin pointed out, from the Law Reform Commission's 2013 report on jury service to the effect that the types of information already available under section 57 of the Criminal Justice (Theft and Fraud Offences) Act 2001 would be extended to other trials on indictment and that a trial judge may order that copies of any or all...

Written Answers — Department of Justice and Equality: International Protection (18 May 2021)

James Browne: All applicants for international protection must surrender their passports to the International Protection Office at the time of making their application. Applicants who are refused international protection have their passports returned to them at the time of refusal and people who are granted subsidiary protection have their passports returned at the time they are granted such ...

Written Answers — Department of Justice and Equality: Visa Applications (18 May 2021)

James Browne: Following a full consideration by a Visa Officer, the visa application referred to by the Deputy was refused. A letter issued to the applicant on 9 December 2020, outlining the reasons for this refusal. An appeal was lodged to the relevant Visa Office on 29 January 2021, and it is currently awaiting examination.  In order to be fair to all applicants, appeals...

Written Answers — Department of Justice and Equality: Antisocial Behaviour (18 May 2021)

James Browne: The Deputy will appreciate that the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including operational decisions on the deployment of resources to tackle crime.  I am very conscious of how anti-social behaviour affects the quality of life for local communities. Preventing children...

Written Answers — Department of Justice and Equality: Naturalisation Applications (18 May 2021)

James Browne: The person referred to by the Deputy submitted an application for a Change of Status to a Stamp 4 permission, which was received on 6 October 2020. A letter issued to the person concerned, dated 27 April 2021, advising that their application had been refused. The reason for refusal was outlined in their refusal letter. It is open to the person concerned to submit a new application...