Results 3,421-3,440 of 7,010 for speaker:James Browne

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: I hope in cases of lesser offences, where intent is not needed, that many of the concerns raised by the Senators would be covered by section 3, which is a strict liability offence and intent is not required.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: Amendments Nos. 9 and 12 relate to the issue of the retention of images. I have already outlined, in discussions on earlier amendments, the reasons that I am opposing amendments of this nature. I point out that the inclusion of retention in section 3 would arguably be more dangerous than in section 2, as there is no requirement in section 3 to prove any intention in respect of the offence....

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: Amendments Nos. 14 and 15 seek to include private messages within the ambit of the offence under section 4. Senators will understand the difficulty in seeking to legislate in the area of communications, speech and private interactions. It is imperative that any such offences do not interfere unduly with the constitutional right to the freedom of speech and that they are...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: I believe under this legislation, it probably is not.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: To be clear, no one is suggesting that this would be in the common good. Where any private information is shared, where that is intended to be harassing, is unacceptable, wrong and something that should be addressed. Speaking on this section of the Bill, it does not seek to make doxxing a criminal offence. That is not to say that it is not wrong or that it should not be a criminal offence...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: Yesterday I brought a Bill to the Dáil which will be before the Seanad in the new year, the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill. It has requirements that banks will have to share personal information with State bodies. I also refer to other areas dealing with whistleblowing, for example. Consequently, any potential unintended consequences...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: Subsection (2) goes to the definition of "intent" as opposed to defining what "harm" is. Under subsection (1), there is a requirement that it must be a threatening or grossly offensive communication to another person. The Attorney General and the DPP are satisfied that there are no concerns that legitimate communications could be covered by this. As Senator Ruane points out, legitimate...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: Amendment No. 16 seeks to include a new offence of harassment in the Bill. I draw the attention of Senators to section 10 of the Bill which amends the existing offence of harassment contained in section 10 of the Non-Fatal Offences against the Person Act 1997. As the Minister, Deputy McEntee, mentioned in the Dáil, she agreed with the extension of the offence of harassment to include...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: The views taken with the amendments to the Bill is that the 1997 Act, albeit a bit old, contains flaws identified by the LRC which will be addressed by these amendments. A one-year report and a three-year review will be carried out on the Bill, if passed. This amendment is extending the remit of the Bill. At the moment, harassment under the existing law is only to the person. This extends...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: Amendment No. 18, proposed by Senators in relation to the waiving of anonymity of a victim, is not considered necessary. The Minister, Deputy McEntee, took the concerns of Deputies and Senators into consideration and introduced an amendment into section 5(2) in the Dáil providing that there is an obligation on a judge to take into account the views of the alleged victim of an offence...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: The line relating to taking the victim's view into consideration is standard across all legislation. It comes from two issues. One is that it is about not fettering judicial discretion, so that section is included. However, the courts and our Constitution always lean towards law being practised in public. That is the starting point. If a victim states to the judge that he or she wants...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: With regard to the issues involving the regulation of social media, it is not a matter for the Department of Justice and does not come under this Bill. It would lie with the new Department of Environment, Climate and Communications. I understand the Minister, Deputy Eamon Ryan, has published a scheme for an updated Bill on the issues of online safety and media regulation. There are...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: I thank the Senators for their contributions. Section 7 refers to summary offences only or where someone is charged summarily. Section 10(1) of the Petty Sessions (Ireland) Act 1851 provides that summary prosecutions must be initiated within a time limit of six months. The time limits provided for in law for summary offences reflect the fact that an individual should not have a relatively...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: I understand where Senator Ward is coming from. The Office of the Parliamentary Counsel recommended using this wording to ensure there was absolutely no conflict between that Act and this one, because of the difference in the ages between the two sections.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: I appreciate and understand the Senators' concern on the issue. I want to see civil restraint orders happen. Section 13 of the Bill as initiated provided for civil restraint orders. On Report Stage in the Dáil, it was agreed to delete the civil restraint orders provisions from the Bill. I understand that the Minister, Deputy McEntee, and the sponsor of the Bill, Deputy Howlin, had...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: I cannot give a specific timeline now. However, when we come back in January, I expect to be able to give a more definitive timeline on both Bills.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: I thank the Senator for bringing forward these amendments. Amendments Nos. 23 to 25, inclusive, all refer to the amendment to section 10 of the Non-Fatal Offences Against the Person Act 1997. My officials have considered this issue in detail and had extensive consultations with stakeholders in the criminal justice system. There was broad support for the existing harassment offence as one...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: I suppose it will always be a matter for the courts to interpret, and in judicial discretion to assess, whether the event is or is not serious. However, as I say, the concern is that if one does not have that word there, the bar would be set extremely low and could bring in many issues as a criminal offence that it may not be intended to do so.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: To be clear, it is not the behaviour of the perpetrator that is considered serious; it is the effect on the victim. It is if it seriously interferes with the victim's peace or privacy. It is from the perspective of the victim as to whether or not it could be considered "seriously". As I read it, the victim's voice is what is relevant in determining whether something has been serious or not.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

James Browne: There is also a reasonable person-test then applied to that. One could have somebody who might think something is serious that simply is not. On the other hand, the Senator is correct that just because that person is a little more robust should not mean that somebody can get away with something more there as well. The courts have to take into account what they consider to be a reasonable...