Results 3,441-3,460 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: My understanding is that the courts have interpreted persistent as being effectively two or more events. It should not require daily or weekly occurrence, or anything like that. The Senator is certainly correct that harassment can be seasonal with the perpetrator acting in waves, and where one is dealing with it on and off.As I understand it, however, the courts have interpreted...

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

James Browne: With regard to these conditions, the section extends it the definition to include "about", which can be quite a serious extension. Judicial discretion does not have to apply in this matter. If, however, judges apply discretion, they can attach conditions. If that is the case, I expect that counsel for the person who has been convicted will apply for conditions to be attached. If there...

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

James Browne: Senators will be aware that the requirement to review the Act within three years of its commencement, in section 12 of the Bill, was introduced by way of an amendment on Committee Stage in the Dáil. While there is already a requirement under Standing Orders to carry out a post-enactment report in respect of all new legislation within one year from the date of its passing, I appreciate...

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: The Minister, Deputy McEntee, indicated on Committee Stage that she would not support amendments of this nature. I reiterate her views. 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...

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: A single image can be treated as a serious and an indictable offence. There is no strict definition to the effect that one image can only be treated as a summary offence. It will be a matter for the judge on the day to take that into consideration.

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: The matter could still come before the court. It is triable, whether summary or indictable. It could come before the court and be dealt with as a indictable matter. However, we cannot blur the line between summary and indictable offences because the distinction is important.

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: I move amendment No. 24: In page 6, lines 24 and 25, to delete all words from and including “Proceedings” in line 24 down to and including line 25 and substitute the following: “Notwithstanding section 52(4) of the Children Act 2001, where a child under 17 years of age is charged with an offence under this Act, no further proceedings in the matter (other than any...

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: I can. The Minister, Deputy McEntee, undertakes to consider this seriously in the context of a Bill that is being prepared at the moment.

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: Unfortunately, I cannot give a specific timeline. I will ask the Minister, Deputy McEntee, to provide a timeline in respect of when the additional legislation is expected to be brought forward in the new year. Amendment No. 18 proposes the waiving of anonymity of a victim. That is not considered necessary. The Minister indicated on Committee Stage that she is satisfied that the matter...

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: I move amendment No. 20: In page 5, lines 24 and 25, to delete “he or she may direct” and substitute “he or she may, having taken into account the views of the alleged victim of the offence, direct”. As I indicated, I wish to assure Deputies that the views of an alleged victim must be taken into account where a decision to lift the restrictions on publication...

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: The only amendment that would require a potential delay is the amendment to the amendment that Deputy Howlin proposed, as opposed to the published amendments. It is the only one that would cause a particular difficulty. I hope the legislation will proceed to the Seanad tomorrow. Senators will have an opportunity to submit amendments tonight if they believe they are necessary. With...

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: Amendments Nos. 17 and 19 propose to extend the anonymity provisions in section 5 of the Bill to the offence of harassment under section 10 of the Non-Fatal Offences against the Person Act 1997. Anonymity and privacy provisions in legislation are an exception to the normal rules in regard to the administration of justice in public guaranteed by the Constitution. Any departure from this must...

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: There is no particular difficulty with Deputy Howlin's intent, but my concern is that if we accept this amendment now, the consideration that may need to be given to it may mean the Bill is not ready for tomorrow. That is my understanding and we do not want any risk to it in these circumstances.

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: I was accepting-----

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: I accept the intention as opposed to what the Deputy is proposing. My view is that what the Deputy is intending to do is perfectly rational, reasonable and understandable.

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: I believe there will be a risk to the Bill tomorrow. I would have to oppose it on the basis that we want the Bill passed tomorrow. We are in an impossible situation because I know that Deputy Howlin wants this Bill passed tomorrow as well. It is a very important Bill to have passed. I have to highlight the risk and I am in the unfortunate position of having to oppose something I think is...

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: There will be one.

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: Absolutely, I said that earlier.

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: I appreciate Deputy Howlin's concern in regard to the issue of intention. Generally speaking, it is the position in criminal matters that intention can be proved by reference to the natural and probable consequences of a person's actions. I would see no harm in including the proposed subsection 4(2), as inserted by amendment No. 15, in the Bill. Unfortunately, the amendment also makes a...

Harassment, Harmful Communications and Related Offences Bill 2017: Report and Final Stages (17 Dec 2020)

James Browne: This group of amendments relates to section 3, which deals with the distribution and publication of intimate images without consent. Amendment No. 8 attempts to include the concept of selling, transmitting, making available or advertising an intimate image without consent. These behaviours are already covered by the concepts of distributing or publishing, with the exception, perhaps, of the...