Results 3,321-3,340 of 7,789 for speaker:James Browne

Seanad: Land and Conveyancing Law Reform Bill 2021: Report and Final Stages (16 Nov 2021)

James Browne: The acceptance of the amendment would delete section 3 of the Bill, which refers to special restriction periods for State lands and for foreshore. Senator Boylan spoke to amendment No. 6 but Senator Higgins spoke to amendment No. 7. I must make a couple of important points. As with the earlier amendments seeking to delete section 2(b), this proposes a significant shift in established policy...

Written Answers — Department of Transport, Tourism and Sport: Driver Test (16 Nov 2021)

James Browne: 185. To ask the Minister for Transport, Tourism and Sport the status of a driving test for a person (details supplied); and if he will make a statement on the matter. [55568/21]

Seanad: Criminal Justice (Amendment) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: I thank the Senators for their contributions. I wish to point out, as noted in my introductory remarks on Second Stage, that the Supreme Court ruling does not affect the provisions in statute that provide for presumptive minimum sentences where there is judicial discretion. That issue is not addressed in the Bill.

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. 1: In page 7, line 15, to delete “European Union, and” and substitute “European Union,”. I thank the Cathaoirleach. Amendments Nos. 1, 2 and 4 are to be taken together and allow for non-European Union states operating to a framework decision. This is particularly relevant for Schengen-associated states, Liechtenstein, Norway, Iceland and...

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: Yes, I will flag that on a later Stage but I am happy to deal with that point now. The hope was to bring a number of significant amendments on that on Committee Stage. Due to the complexities of these issues, they were not ready for Committee Stage but they will be ready on Report Stage. Again, due to their complexity I am happy to share those amendments in advance with the committee in...

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: We are hoping to have this entire Bill through the House before Christmas and, therefore, we are aiming to have these amendments available as soon as possible and we are looking at the first week of December.

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: We will give committee members as much time to consider the amendments in advance as possible because this Bill must be passed to meet Schengen requirements. We will certainly facilitate the members. As soon as I get the amendments, I will send them across.

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: I am told there was one transfer very recently. However, the position remains the same in that it is very difficult because of the decisions in the courts here in Ireland to try to meet those criteria in terms of how we implement restrictions that are put on prisoners in the UK. Effectively, it is almost impossible to apply them because we do not have those same restrictions here and...

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: A bit of a backlog would be expected because there have been so few transfers and, as I said, there has only been one in the last five years. For some of those who wanted to transfer five years ago, their prison time would have passed anyway. The estimate is that there may be a backlog of about 30 to 40 and once they are dealt with, we are probably looking at about ten per year thereafter....

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 2: In page 7, line 20, to delete “2011;” and substitute the following: “2011, and (c) a state that is declared under section 58to be a Member State;”.

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...