Results 3,501-3,520 of 7,789 for speaker:James Browne

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I am happy to facilitate the conversation with the Department. I did that with the Conveyancing Act and will certainly make sure that happens again with this legislation. I understand the Senator's concerns. I have seen videos of what is happening on the border of the European Union with Belarus. Our duty is to ensure that these rights are upheld. I do not think the proper approach is to...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: These amendments would include financial and material benefit as an element of the offence to be proved by the prosecution. I have discussed this at some length in respect of the previous amendments and it is, of course, something which has been considered in-depth by officials in consultation with the Office of the Attorney General. I do acknowledge that there is a difference between the...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: One of the reasons we have not had prosecutions is that the DPP is of the view that it cannot secure prosecutions. This is because of the almost impossibility of proving material or financial gain in a situation where that has occurred somewhere outside of the State. It is not open to the DPP to run test cases. It has to make decisions on whether or not to prosecute, based on principles...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senators for their suggested change in this regard but, unfortunately, I cannot accept the amendment. The elements of defence have been considered carefully with the Office of the Parliamentary Counsel and the Office of the Attorney General. Removing the phrase, "having reasonable cause to believe" would significantly weaken the offence and would inevitably create issues in...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senator and I understand where she is coming from but making it almost impossible to prosecute smugglers is not going to help those people in the sea who are dying or at risk of dying. Of course, we want to protect the humanitarian organisations and the individuals who rescue people and this is why we have sought to strike a balance here. Effectively, nullifying the legislation...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senator. We discussed the definition of "humanitarian assistance" at length, and I do not propose to go over that again. The conduct that has been outlined in the amendment would be covered by the humanitarian assistance defence, as provided, and the phrasing of the defence in general terms is more appropriate than identifying specific instances where that assistance defence...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: The Senator raises an important point. I suggest that to ensure there is no lacuna there, she not press her amendment at the moment but reserve her right to bring it on Report Stage and we will engage and look at it more specifically to ensure no lacuna is slipping in there.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: We are all very proud of our Naval Service and the commitment it has shown in its humanitarian efforts in the Mediterranean in the past. The Department of Foreign Affairs was extensively consulted on this legislation and it was approved by Cabinet to take to the Houses. I cannot speak to what prosecutions have or have not happened in the Mediterranean but I understand that in similar...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I have listened to the Senator and I think there is a small possibility of a lacuna here. We can look at this again and revisit it at Report Stage.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senator for her comments. This is somewhat related to amendment No. 5. As I said in my contribution on that amendment, the State protects all of those who come into the State, whether they have been smuggled or not. The principle of non-refoulementis given effect to in sections 50 and 50A of the International Protection Act 2015. International protection is granted based on...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: The Senators have introduced several amendments that would require the Minister to prepare reports on several issues. The issues arising are similar in each case. While all the relevant amendments are not grouped, I will speak to the one in question and perhaps refer to others, where possible. As noted on Second Stage, it is correct to say this Bill is relatively narrow. It focuses on the...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I refer to the answer I gave in regard to amendment No. 17. I do not believe the criminal justice Bill is the appropriate means to address international protection questions and, in the circumstances, I cannot accept the amendment.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: At this stage, I am not minded to accept the amendment but we can look at it again on Report Stage.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senator. As a general rule, the question of whether powers have been properly exercised is a matter for evidence for the courts. It can be challenged in court. Enforcement officers are routinely required to provide evidence that reasonable grounds existed for the exercise of the powers. I do not believe this amendment is necessary. For the most part, those officers will be...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: It is reasonably rare, thankfully, that any of our enforcement officers, whether from the Naval Service, the Revenue Commissioners or An Garda Síochána, abuse their powers. When this does occur or when a person may feel abused, there are outlets to complain about those, such as to the Garda Síochána Ombudsman Commission, GSOC, for example. Of course, there is the option...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I thank the Senators. Unfortunately, I cannot accept this amendment. Effectively, recklessness is being aware of a risk and deciding to take it anyway. As Senator Ward said, it is not about a mistake. If the decision as to why action taken is made in good faith, it is not recklessness either and such a person should be okay in that regard. It is not absolute liability for the making of an...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: Recklessness has been well defined by the criminal courts over the years and they have dealt with this situation through our criminal code. It is more than mistake and more than negligence. It is just shy of actual deliberate intent. It concerns someone acting with a lack of regard in the face of a situation he or she should be very much aware involves a real risk. To remove the reference...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: I acknowledge that a broader discussion needs to happen in respect of safe passage. Ireland has to be part of this. It has to be part of an international discussion. I do not believe that a relatively narrow criminal justice Bill is the appropriate place for these provisions. In the circumstances, I oppose the amendment.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: Any involvement by the State in international humanitarian search-and-rescue missions and operations, including the involvement of the Naval Service, is done in co-operation with our EU partners and in the context of our UN missions. The Naval Service's involvement in the Mediterranean was as part of Operation Pontus and Operation Sophia. The Naval Service has not been deployed to the...

Written Answers — Department of Justice and Equality: Proposed Legislation (7 Oct 2021)

James Browne: The Justice Plan 2021 identifies the enactment of legislation to licence and regulate the gambling industry as a key objective. Work on the General Scheme of the Gambling Bill is at an advanced stage. 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...