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Written Answers — Department of Justice and Equality: Public Sector Staff (5 Dec 2023)

James Browne: The two positions in question have recently been filled following an open recruitment competition run by the Public Appointments Service. The successful candidates in relation to both roles are due to take up their positions in January 2024. Further positions are expected to be advertised for recruitment in the coming months.

Select Committee on Justice and Equality: Court Proceedings (Delays) Bill 2023: Committee Stage (5 Dec 2023)

James Browne: I wish to advise that a Report Stage amendment to section 7 may be required to provide for a solicitor or barrister who becomes a member of the Judiciary to step down from a role of assessor.

Select Committee on Justice and Equality: Court Proceedings (Delays) Bill 2023: Committee Stage (5 Dec 2023)

James Browne: I move amendment No. 1: In page 13, line 11, to delete “by such documents,” and substitute the following: “by— (i) such documents, and (ii) such fee, if any,”. Amendment No. 1 provides for the possibility of charging an assessment application fee. Amendment No. 2 is a consequential amendment to amendment No. 1 referencing the fee "if...

Select Committee on Justice and Equality: Court Proceedings (Delays) Bill 2023: Committee Stage (5 Dec 2023)

James Browne: I move amendment No. 2: In page 13, lines 17 and 18, to delete all words from and including “and” in line 17 down to and including line 18 and substitute the following “(ii) the documents referred to in subsection (4)(c)(i), and (iii) the fee referred to in subsection (4)(c)(ii).”.

Select Committee on Justice and Equality: Court Proceedings (Delays) Bill 2023: Committee Stage (5 Dec 2023)

James Browne: I move amendment No.4: In page 15, after line 39, to insert the following: “(6) Subject to subsections (7)and (8), where a person, other than a public body, complies with a requirement under subsection (1)within the time period specified in the notice under that subsection or as extended under subsection (3), an Assessor may, not later than 1 month after such compliance, direct that...

Select Committee on Justice and Equality: Court Proceedings (Delays) Bill 2023: Committee Stage (5 Dec 2023)

James Browne: I move amendment No. 6: In page 20, line 10, to delete “3 months” and substitute “6 months”. Amendment No. 6 is a technical amendment to section 24(2) of the Bill. Section 24(2) currently provides that an application to the Circuit Court shall be made no later than three months after the date the authorisation is issued. Such an application is permissible...

Select Committee on Justice and Equality: Court Proceedings (Delays) Bill 2023: Committee Stage (5 Dec 2023)

James Browne: I move amendment No. 7: In page 20, line 16, before “the” to insert “notwithstanding section 100 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023,”. Amendment No. 7 is a technical amendment to section 24 (4) of the Bill which inserts a “notwithstanding" provision into the subsection to ensure it can be read in harmony with section 1 of...

Written Answers — Department of Justice and Equality: Departmental Reviews (30 Nov 2023)

James Browne: The circumstances giving rise to knife crime are complex and varied across society and include anti-social behaviour, street violence, youth offending and domestic violence. Therefore, single solutions to knife crime cannot be developed in isolation but need to be considered as part of strategic responses to the issues presented by the discrete societal cohort or category of criminal...

Garda Síochána (Recording Devices) Bill 2022: From the Seanad (29 Nov 2023)

James Browne: For consistency throughout the Bill, amendments Nos. 72 and 73 ensure that the installation, operation or both of the CCTV in Garda premises is necessary and proportionate having regard to the purposes outlined in Part 7. Those purposes include not only safeguarding of persons and property but also the detection, investigation, prevention or prosecution of criminal offences.

Garda Síochána (Recording Devices) Bill 2022: From the Seanad (29 Nov 2023)

James Browne: There are already explicit references to processing in Parts 3, 4 and 6 of the Bill, relating to ANPR. recording of telephone calls and the processing of third-party CCTV. Amendment No. 6 inserts a new section into Part 2 of the Bill. Amendment No. 57 inserts a new section into Part 5. Amendment No. 74 inserts a new section into Part 7 relating to processing. This is to ensure that...

Garda Síochána (Recording Devices) Bill 2022: From the Seanad (29 Nov 2023)

James Browne: Amendments Nos. 10, 26, 62 and 68 delete the words "threatens" from sections 11, 20, 32 and 41. Legal advice on this matter notes that this is encompassed by the word "coerces". Amendments Nos. 11, 27, 63 and 69 ensure it is clear that it is an offence to induce, coerce or request without lawful authority a member of An Garda Síochána to commit an offence under the previous...

Garda Síochána (Recording Devices) Bill 2022: From the Seanad (29 Nov 2023)

James Browne: In the interests of transparency, it is considered appropriate that the legislation should refer to the fact that designations or applications under the Bill will be in writing. Amendments Nos. 15, 28, 32 and 37 serve to make it clear in these sections.

Garda Síochána (Recording Devices) Bill 2022: From the Seanad (29 Nov 2023)

James Browne: Amendment Nos. 30 and 75 extend the offence provisions for Parts 2, 3, 5 and 6 relating to the making of data unavailable as evidence to Parts 4 and 7 with the insertion of a new offence section within these Parts. The offences set out mirror those in the other Parts of the Bill.

Garda Síochána (Recording Devices) Bill 2022: From the Seanad (29 Nov 2023)

James Browne: As Deputies are all aware, CCTV is integral to policing and keeping our communities safe. These minor amendments, Nos. 33 to 36, inclusive, 38 to 41, inclusive, 43 to 45, inclusive, 47 to 49, inclusive, 51 to 56, inclusive, 58, 59 and 71, ensure uniformity in language in the Bill around the installation, operation, or both, of CCTV in sections 25 to 32, inclusive, and 42.

Garda Síochána (Recording Devices) Bill 2022: From the Seanad (29 Nov 2023)

James Browne: Amendments Nos. 46 and 50 ensure consistency in language in the Bill with other similar provisions across the Statute Book. The amendments in these sections, 26 and 27, do not have any effect on the Garda Commissioner's ability to vet local authority employees or contractors who may be installing or operating CCTV schemes on behalf of either the Garda or local authorities. It remains open...

Garda Síochána (Recording Devices) Bill 2022: From the Seanad (29 Nov 2023)

James Browne: The deletion of section 40 by amendment No. 64 arose on foot of concerns that were voiced to my Department about the scope of the power created by this section where there is no judicial authorisation or approval process set out in legislation. The intention behind section 40 was to provide for those limited circumstances where a person refuses to provide An Garda Síochána with...

Garda Síochána (Recording Devices) Bill 2022: From the Seanad (29 Nov 2023)

James Browne: For robustness of language and consistency throughout, there are minor technical amendments to ensure that the Bill, when enacted, is able to withstand the challenges that may follow from those who do not respect the law as demonstrated last Thursday. Greater access to automatic number plate recognition, ANPR, will help with longer-term investigations while reducing the time it takes to...

Ceisteanna ó Cheannairí - Leaders' Questions (29 Nov 2023)

James Browne: Read the transcript.

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