Results 3,521-3,540 of 7,789 for speaker:James Browne

Written Answers — Department of Justice and Equality: Residency Permits (7 Oct 2021)

James Browne: It is open to the person referred to by the Deputy to apply for a change of immigration status from Stamp 3 to Stamp 4 if they meet the criteria for doing so. Further information on the criteria for changing immigration permission, including instructions on how to change permission are available on the Immigration Service website at:...

Written Answers — Department of Justice and Equality: Asylum Applications (7 Oct 2021)

James Browne: In early 2019 the International Protection Office began exploring options to facilitate international protection interviews outside Dublin using video conference technology. One of the options explored was a building in Cork City which was due to be vacated by the Probation Service which is under the remit of my Department. I am informed that following testing of systems in the spring of...

Written Answers — Department of Justice and Equality: Immigration Status (7 Oct 2021)

James Browne: The person referred to is the subject of a Deportation Order made on 1 February 2019. However, they made a request on 23 October 2020, under section 3(11) of the Immigration Act 1999 (as amended), to have that Order revoked and this will be considered as soon as possible. The decision will be that the existing Deportation Order will be either ‘affirmed’ or...

Written Answers — Department of Justice and Equality: Humanitarian Access (7 Oct 2021)

James Browne: I propose to take Questions Nos. 358 and 359 together. I am very conscious of the plight faced by the Afghan people following the collapse of the former Afghan government and the takeover by the Taliban, that has further fuelled the humanitarian crisis in Afghanistan. Ireland's national response to the current crisis includes opening the Irish Refugee Protection Programme (IRPP)...

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: I do not have any numbers on that. It is belt-and-braces approach. There may be no cases affected but considering the relevant pieces here, it is possible or even probable that there will be a couple of cases going through the system. We have to make sure.

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: That is correct. The way the interpretation of retrospection works is that those people could still be subject to the law as extant at the time of a second or subsequent offence that carries a penalty of a mandatory minimum sentence. Therefore, such persons would have grounds for appeal and there would be all sorts of consequences from that. This is to ensure the provisions we pass here...

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: Correct. It would not apply only in the cases of persons whose time for appeal has elapsed. They have run out of road and are either serving their sentence without further grounds for appeal or have completed their sentence.

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: I move amendment No. 3: In page 3, line 8, after “2019;” to insert the following:“to provide for the retrospective application of certain of these amendments in certain circumstances;”.

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: We could bring the refreshment houses back, I think.

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: I move amendment No.1: In page 5, to delete line 5. This amendment proposes to delete section 6(b) of the Bill as published. Section 6(b) of the Bill repeals subsections (3E) and (3F) of section 27 of the Misuse of Drugs Act 1977. These subsections provide for a mandatory minimum sentence of not less than ten years imprisonment for a second or subsequent possession or importation of...

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: The Bills Office will amend the Bill so that we will have sections 6(a), (b) and (c).

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: Yes.

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: No.

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: Effectively, what the court has found in both the Ellis case and the McManus case is that a mandatory sentence for a second or subsequent conviction is unconstitutional because it is only applying the criminal law to a very small subset of people. That is the basis on which the court found it to be unconstitutional. A provision in criminal law should effectively apply to everybody.

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: Exactly.

Criminal Justice (Amendment) Bill 2021: Committee and Remaining Stages (6 Oct 2021)

James Browne: I move amendment No. 2: 2. In page 5, between lines 19 and 20, to insert the following: “Retrospective application of certain amendments 10. (1) Subject to subsection (2), the amendments effected by this Act (other than those effected by subparagraphs (i) and (iii) of section 5(c) and by section 6) shall apply in respect of a relevant offence committed before the date of the...

The National Youth Justice Strategy 2021-2027 and Supporting Community Safety: Statements (6 Oct 2021)

James Browne: If there are any other questions Deputies want me to respond to I am happy to do that.

The National Youth Justice Strategy 2021-2027 and Supporting Community Safety: Statements (6 Oct 2021)

James Browne: I thank the Deputies for the great interest they have shown in this matter. We have had just over three hours of a debate and nearly all the speaking slots were taken up. Given the demands on Deputies' time with committees and other work in the Houses, the fact that so many Members came in to express their views is testament to their interest in youth justice and the issues underlying it. I...

Maternity Care (Covid-19) Bill 2021: First Stage (6 Oct 2021)

James Browne: No.

The National Youth Justice Strategy 2021-2027 and Supporting Community Safety: Statements (6 Oct 2021)

James Browne: I wish to share time with the Minister of State, Deputy Hildegarde Naughton.