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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...

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

James Browne: An application for a certificate of naturalisation was received from the person referred to by the Deputy on 8 July 2020. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. I...

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

James Browne: I propose to take Questions Nos. 634, 673 to 675, inclusive, and 679 together. The Government and public health advice is clear, everybody should avoid non-essential travel completely. The travel restrictions are part of the Government’s efforts to interrupt the transmission of COVID-19 and they are designed to support our current public health restrictions on movement, including into...

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

James Browne: I propose to take Questions Nos. 645 and 646 together. The Family Reunification Unit (FRU) of the Immigration Service of my Department currently has 24 family reunification applications from Palestinian applicants on hand, 9 of which are in the final stages of processing. I expect a decision to issue on these applications shortly. FRU will continue to process...

Written Answers — Department of Justice and Equality: Youth Work Projects (18 May 2021)

James Browne: As the Deputy will be aware, Garda Youth Diversion Projects (GYDPs) are a fundamental support to the operation of the statutory Garda Diversion Programme and provide a vital ingredient in enhancing community policing. These projects are community based multi-agency crime prevention initiatives. As an essential crime prevention and community safety service, GYDPs have continued in...

Written Answers — Department of Justice and Equality: Gambling Sector (18 May 2021)

James Browne: 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 regulate advertising, gambling websites and apps. The Statement of Strategy and the Justice Plan 2021, identify the enactment of legislation to licence and regulate the gambling industry as a key objective. ...

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

James Browne: The Citizenship Division of the Immigration Service of my Department estimated that it would finalise in the region of 12,000 citizenship applications in 2020. However, the Deputy will appreciate that these figures were projected before the beginning of the COVID-19 pandemic and before Citizenship Division became aware of the impact the pandemic would have on its processing...

Written Answers — Department of Justice and Equality: Citizenship Ceremonies (18 May 2021)

James Browne: On 18 January 2021, a temporary system that enables applicants to complete their naturalisation process by signing a statutory declaration of loyalty was launched. Approximately 2,014 people have received their Irish citizenship since then.  A further 1,823 people have returned their signed statutory declarations and the Immigration Service of my...

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

James Browne: As the Deputy will be aware, the policing of any individual incidents of anti-social behaviour is an operational matter for the Garda Commissioner. I am aware that Dublin City Council closed off Portobello plaza last weekend as a result of the antisocial behaviour seen in the area. As the restrictions are eased and the economy and society returns to normal, changes in the...

Personal Insolvency (Amendment) Bill 2020: Second Stage (13 May 2021)

James Browne: This is a very important Bill. I acknowledge the Minister, Deputy McEntee, who introduced the Bill. I thank Deputies for their contributions and engagement. I welcome their comments and will consider carefully the various important points that have been raised. Families and individuals do not enter into insolvency lightly. It is a very difficult situation and a difficult and...

Personal Insolvency (Amendment) Bill 2020: Second Stage (13 May 2021)

James Browne: I move: "That the Bill be now read a Second Time." I am pleased to have this opportunity to move Second Stage of the Personal Insolvency (Amendment) Bill 2020. The main purpose of the Bill is to make a number of urgent amendments to the Personal Insolvency Act 2012 which will make it easier for insolvent persons, including those in financial difficulties arising from the economic impact...

Written Answers — Department of Justice and Equality: Citizenship Applications (13 May 2021)

James Browne: The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can...

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