Results 3,301-3,320 of 7,010 for speaker:James Browne

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: I am in something of a difficult position in that this is the Minister's Bill and I cannot step into her mind. I certainly cannot step into the mind of any future Minister. As I understand it, this is to be used only where there has been considerable consultation. I reiterate that if an order is to be made, it must be laid before the Houses under section 5(4). Any Minister, whether it is...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: I could not put it any better than Senator McDowell has put it. I think the amendment is going to be withdrawn.

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: Senator McDowell gave a very good example of where I would expect a judge would require somebody to be arraigned when he or she is going to challenge that type of evidence in sexual cases. I made a section 4E application once in a manslaughter by omission case. At that time there was no precedent and there was a question as to whether it was even an offence here. Sometimes, there are...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: For my part I welcome amendments from both Government and non-Government Members. It helps to improve legislation, which is hugely welcome. It probably is a departure from times past but it is a welcome departure. I am not minded to accept the amendment for the reason that what the Senators, with the exception of Sinn Féin, are trying to do is already done in the Bill. I refer to...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: I thank the Senator. This is probably just a matter of good practice. The Senator gives an example of the practical impact of a witness travelling a long distance. It may also be the case that there is an expert witness on the State's side of a case, perhaps a forensics expert, where he or she has appeared as a witness in a preliminary trial, and where if the trial was some distance away...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: As Senator Ward rightly points out and Senator McDowell accepts, this already happens in court trials in regard to admissibility, probative value versus prejudicial value and a judge has to make those calls on the basis, sometimes, that if the evidence was allowed to go to the jury for it to decide, perhaps it may put the accused in a prejudicial position. Trial by jury is the cornerstone of...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: It is an important point.

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: I thank the Cathaoirleach Gníomhach. It is proposed to take amendments Nos. 1 to 6, inclusive, together. Before I comment on the detail of amendment No. 1, I propose to make a few preliminary remarks about the overall nature and effect of this group of amendments. The Senator’s proposed amendments all refer to section 2 of the Bill which amends section 16 in the principal Act...

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: Social welfare payments are treated as income in the assessment of a person's income and the amount of reasonable living expenses is then deducted. Social welfare is treated the same as income from work done. Children's allowance is a universal payment and the policy decision was taken at the time to have that stand apart from the other welfare payments. After a person's income, including...

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: This amendment refers to section 91 of the principal Act, which sets out the main criteria for persons to be eligible to propose a personal insolvency arrangement for creditors in order to resolve their debts. Among those criteria, section 91(1)(g) states that debtors must have made a declaration in writing confirming that they have co-operated with the secured creditors for a period of at...

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: The proposed amendment is to section 99 of the principal Act which sets out the mandatory requirements for a personal insolvency arrangement. Section 99(2)(b) provides that the maximum duration of a personal insolvency arrangement shall be six years or 72 months, with an option to extend it by 12 months in specified circumstances, if the personal insolvency arrangement itself so provides....

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: I hear the Senator's concerns. The purpose of the insolvency Acts is to provide an effective and clear resolution in a reasonable period of time, balancing the rights of both creditors and debtors and to get those applicants back to being economically active as quickly as possible. There will always be elements on either side of that and elements of unfairness at the edges but I agree with...

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: Section 16 of the Bill introduces the option for a debtor to make a confirmation of truth as an alternative to a statutory declaration when solemnly confirming his or her complete and detailed financial situation in an application for a personal insolvency arrangement, debt settlement arrangement or a debt relief notice. This confirmation of truth under the Bill is very similar to the...

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: I apologise if there is confusion over my language. I certainly was not implying that the Senator was implying that people may have been dishonest but it may be something on which some people may take a view if they were required to sign a different type of declaration.

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: Under section 23 of the Personal Insolvency Act 2012, the Insolvency Service of Ireland, ISI, is required to prepare and issue guidelines as to what constitutes a reasonable standard of living and reasonable living expenses, RLE, taking into account a list of specified criteria.These are now generally known as RLE guidelines. Section 23 also requires the ISI to re-examine and reissue these...

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: Yes. I will be brief. I agree with the Senator's views on the Department of Social Protection and about having consistency across the various Departments. I cannot speak for the Department of Social Protection but I can speak for the Department of Justice. I will certainly get the Department of Justice to convey that message to the Department of Social Protection.

Seanad: Personal Insolvency (Amendment) Bill 2020: Committee Stage (23 Apr 2021)

James Browne: The Senator will be aware that under Standing Order 168, the Minister will be required to provide a report on the publishing of this Bill. As indicated, a full and extensive review of the personal insolvency regime is also being completed this year. On the specific statistics sought by the Senator, relevant statistics will be included in the post-enactment report on the implementation of...

Seanad: Future of Gambling Regulation: Statements (23 Apr 2021)

James Browne: I am pleased to have this opportunity to update the Seanad on progress made by my Department to establish an independent gambling regulator for Ireland focused on public safety and well-being.As Senators will be aware, gambling reform has been in development for some time. The industry is large and complex. It is continuously evolving through technological development and many of our...

Seanad: Future of Gambling Regulation: Statements (23 Apr 2021)

James Browne: I thank all Senators for their contributions. The House is very much united in attacking the scourge of gambling and gambling addiction. Senator O'Loughlin rightly pointed out that a key difference with this addiction compared with others that are every bit as devastating is that we can see the downward trend in people who have a drug or drink addiction. With gambling, the first time...

Written Answers — Department of Transport, Tourism and Sport: Transport Infrastructure Provision (21 Apr 2021)

James Browne: 302. To ask the Minister for Transport, Tourism and Sport the specific amount allocated towards each individual active travel project in County Wexford in tabular form; and if he will make a statement on the matter. [18253/21]