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Seanad: Civil Law (Miscellaneous Provisions) Act 2021: Motion (25 Nov 2021)

James Browne: I am introducing a resolution to extend the sunset clause in the Civil Law (Miscellaneous Provisions) Act 2021. Members will be aware that section (9)(4) of that Act provides that the Act, other than section 8, shall continue in operation until 30 November 2021 unless a resolution approving its continuation has been passed by both Houses of the Oireachtas before that date. That section...

Seanad: Civil Law (Miscellaneous Provisions) Act 2021: Motion (25 Nov 2021)

James Browne: I thank the Senators for their time and contributions. These are still extraordinary times and, with the extension of this Act to 31 May 2022, I hope it sends a message of our determination to support and provide clarity to businesses, An Garda Síochána and our communities. This extension clarifies the position of licence holders who wish to sell and serve alcohol adjacent to a...

Written Answers — Department of Justice and Equality: An Garda Síochána (25 Nov 2021)

James Browne: I am pleased that Budget 2022 reflects the commitment of the Government to enhancing community safety and that An Garda Síochána has the resources to be an effective and trusted policing service. The budget provided by Government to the Garda Commissioner continues to increase to unprecedented levels, with an allocation of €1.952 billion for 2021 and over €2 billion in...

Written Answers — Department of Justice and Equality: Closed-Circuit Television Systems (25 Nov 2021)

James Browne: As the Deputy may be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for managing and controlling generally the administration, budget and business of An Garda Síochána, which includes responsibility for Garda CCTV. As Minister, I have no direct role in this matter. The Commissioner authorises CCTV for the purposes of securing public...

Written Answers — Department of Justice and Equality: An Garda Síochána (25 Nov 2021)

James Browne: As outlined in a previous response to the Deputy in Parliamentary Question No. 339 of 11 November 2021, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes the deployment of Garda members throughout the State. As Minister, I have no role in this independent...

Written Answers — Department of Justice and Equality: Departmental Strategies (25 Nov 2021)

James Browne: As the Deputy will be aware, Minister McEntee and I launched the Youth Justice Strategy 2021-2027 earlier this year. The immediate priority within the new Strategy is to enhance engagement with children and young people who are most at risk of involvement in criminal activity, principally by strengthening the services available through the existing network of 105 Youth Diversion Projects...

Written Answers — Department of Justice and Equality: Antisocial Behaviour (25 Nov 2021)

James Browne: As the Deputy will appreciate, the issuing of an antisocial behaviour order is made at the direction of the District Court upon application of An Garda Síochána. As Minister of State, I play no role in these independent functions. It should be understood that in setting up the provisions to tackle anti-social behaviour on foot of the enactment of the Criminal Justice Act 2006,...

Written Answers — Department of Justice and Equality: An Garda Síochána (25 Nov 2021)

James Browne: As the Deputy is aware, a key pillar of the Programme for Government, Our Shared Future, is building stronger and safer communities. I can assure the Deputy that my Department is committed to ensuring that there is strong, visible community policing right across Ireland, both rural and urban. While An Garda Síochána has provided very dedicated service to assisting in the national...

Written Answers — Department of Justice and Equality: An Garda Síochána (25 Nov 2021)

James Browne: As the Deputy is aware, a key pillar of the Programme for Government, Our Shared Future, is building stronger and safer communities. I can assure the Deputy that my Department is committed to ensuring that there is strong, visible community policing right across Ireland, both rural and urban. While An Garda Síochána has provided very dedicated service to assisting in the national...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee and Remaining Stages (24 Nov 2021)

James Browne: I propose that we adjourn the debate.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee and Remaining Stages (24 Nov 2021)

James Browne: There are a number of issues there. I will take Deputy Howlin's point. If one excludes from prosecution anybody working for a bona fide organisation and if such a defence is raised, the prosecution will have to prove a negative - that somebody was not part of a bona fide organisation. It is almost impossible for a prosecutor to prove a negative. It would make it extremely difficult. I...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee and Remaining Stages (24 Nov 2021)

James Browne: In order to answer that question, I would have to give the opinions of previous justice ministers and governments, which I cannot do.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee and Remaining Stages (24 Nov 2021)

James Browne: I thank Deputy Connolly for the proposed amendments. As she pointed out, the humanitarian assistance offence would be reframed as an element of the offence. The burden would be on the prosecution to prove the absence of a humanitarian assistance motive in almost all cases. The reversal of the burden of proof is a central policy element of the Bill. Our primary motivation for amending...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee and Remaining Stages (24 Nov 2021)

James Browne: Yes.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee and Remaining Stages (24 Nov 2021)

James Browne: I understood it could be adjourned at 9.30 p.m.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee and Remaining Stages (24 Nov 2021)

James Browne: I do not mind adjourning.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee and Remaining Stages (24 Nov 2021)

James Browne: No.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee and Remaining Stages (24 Nov 2021)

James Browne: We can simply agree to adjourn, can we not?

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee and Remaining Stages (24 Nov 2021)

James Browne: Sorry, the Deputy should always be ready.

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Committee and Remaining Stages (24 Nov 2021)

James Browne: He should stop politicking.

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