Results 4,861-4,880 of 9,126 for speaker:James Browne

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.

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

James Browne: I am very happy to have this opportunity to address the House on the progress which is being made within the criminal justice system on interventions and initiatives to divert vulnerable young people away from criminal activity and to assist them with options for a better and more fulfilling life. I was pleased to be able to publish the Youth Justice Strategy 2021-2027 on 15 April 2021,...

Betting (Prohibition on Use of Credit Cards) Bill 2021: First Stage (6 Oct 2021)

James Browne: No.

Written Answers — Department of Justice and Equality: Prison Service (6 Oct 2021)

James Browne: The Deputy will wish to note that I introduced the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 on 16 September 2021. The purpose of this Bill is to implement EU framework decision 2008/909/JHA on the mutual recognition of judgments in criminal matters imposing custodial sentences and other measures involving deprivation of liberty. The implementation of...