Results 3,601-3,620 of 7,179 for speaker:James Browne

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

James Browne: With regard to the issues involving the regulation of social media, it is not a matter for the Department of Justice and does not come under this Bill. It would lie with the new Department of Environment, Climate and Communications. I understand the Minister, Deputy Eamon Ryan, has published a scheme for an updated Bill on the issues of online safety and media regulation. There are...

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

James Browne: I thank the Senators for their contributions. Section 7 refers to summary offences only or where someone is charged summarily. 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 relatively...

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

James Browne: I understand where Senator Ward is coming from. The Office of the Parliamentary Counsel recommended using this wording to ensure there was absolutely no conflict between that Act and this one, because of the difference in the ages between the two sections.

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

James Browne: I appreciate and understand the Senators' concern on the issue. I want to see civil restraint orders happen. Section 13 of the Bill as initiated provided for civil restraint orders. On Report Stage in the Dáil, it was agreed to delete the civil restraint orders provisions from the Bill. I understand that the Minister, Deputy McEntee, and the sponsor of the Bill, Deputy Howlin, had...

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

James Browne: I cannot give a specific timeline now. However, when we come back in January, I expect to be able to give a more definitive timeline on both Bills.

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

James Browne: I thank the Senator for bringing forward these amendments. Amendments Nos. 23 to 25, inclusive, all refer to the amendment to section 10 of the Non-Fatal Offences Against the Person Act 1997. My officials have considered this issue in detail and had extensive consultations with stakeholders in the criminal justice system. There was broad support for the existing harassment offence as one...

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

James Browne: I suppose it will always be a matter for the courts to interpret, and in judicial discretion to assess, whether the event is or is not serious. However, as I say, the concern is that if one does not have that word there, the bar would be set extremely low and could bring in many issues as a criminal offence that it may not be intended to do so.

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

James Browne: To be clear, it is not the behaviour of the perpetrator that is considered serious; it is the effect on the victim. It is if it seriously interferes with the victim's peace or privacy. It is from the perspective of the victim as to whether or not it could be considered "seriously". As I read it, the victim's voice is what is relevant in determining whether something has been serious or not.

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

James Browne: There is also a reasonable person-test then applied to that. One could have somebody who might think something is serious that simply is not. On the other hand, the Senator is correct that just because that person is a little more robust should not mean that somebody can get away with something more there as well. The courts have to take into account what they consider to be a reasonable...

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...