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Written Answers — Department of Enterprise, Trade and Employment: Strategic Banking Corporation of Ireland (13 Jan 2021)

James Browne: 11. To ask the Minister for Enterprise, Trade and Employment the position regarding the future investment loan scheme of a bank (details supplied); if there will be future rounds of loans under this scheme; and if he will make a statement on the matter. [45070/20]

Written Answers — Department of Finance: Help-To-Buy Scheme (13 Jan 2021)

James Browne: 224. To ask the Minister for Finance the position regarding the inclusion of second-hand homes within the help-to-buy scheme; and if he will make a statement on the matter. [44976/20]

Written Answers — Department of Justice and Equality: Anti-Social Behaviour (13 Jan 2021)

James Browne: As the Deputy is aware, the Programme for Government contains a number of commitments to build stronger, safer communities. A number of actions have been identified within this area and one of those is the establishment of an expert Forum on Anti-Social Behaviour. The first meeting of the Forum on Anti-Social Behaviour was chaired by my colleague, the...

Written Answers — Department of Justice and Equality: Proposed Legislation (13 Jan 2021)

James Browne: As the Deputy may be aware, the General Scheme of the Criminal Justice (Amendment) Bill 2020, previously entitled the Criminal Justice (Repeal of certain provisions of the Firearms and Misuse of Drugs Acts) Bill 2020 was published last May. The General Scheme provides for the repeal of mandatory sentences for certain second or subsequent firearms and misuse of drugs offences following...

Written Answers — Department of Justice and Equality: Garda Operations (13 Jan 2021)

James Browne: I can inform the Deputy that I am very conscious of how the impact of crime affects the quality of life for local communities. Preventing children getting involved in criminality and diverting children away from it when they have already become involved is a key priority for me as Minister for Justice and the new Programme for Government, Our Shared Future, contains a number of commitments...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Second Stage (18 Dec 2020)

James Browne: I am delighted to introduce the Harassment, Harmful Communications and Related Offences Bill to the House today, following its approval by the Dáil yesterday. As Senators will be aware, this Bill is a Private Members' Bill, sponsored by Deputy Brendan Howlin, which was heavily based on recommendations made by the Law Reform Commission in its 2016 Report on Harmful Communications and...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Second Stage (18 Dec 2020)

James Browne: I again thank Deputy Howlin and the Labour Party for bringing forward this Bill. The Government has consulted with the Labour Party the entire way through the passage of this Bill. It has been a very positive and constructive engagement and I hope to see more of that happening. I met Jackie Fox numerous times, especially as the Opposition spokesperson for mental health. I first met her...

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

James Browne: I thank Senators for their contributions. Amendment No. 1 relates to the definition of an intimate image for the purposes of the offences at sections 2 and 3. A number of amendments on Report Stage in the Dáil yesterday sought to ensure that this definition included images that have been altered or doctored, commonly referred to as deep fakes. While I outlined to Deputies in the...

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

James Browne: I welcome any amendments. Irrespective of whether they are accepted, they play an important part in testing the legislation and making it more robust. Legislation should always be a challenged. Once a Bill has been tested by way of amendments and passes through this House, we can be more confident of it. Any comment about broadness within the Bill was more directed at one or two Senators...

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...

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