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Written Answers — Department of Justice and Equality: Leave to Remain (5 May 2021)

James Browne: My Department registers persons residing in the Dublin area only. The Garda National Immigration Bureau (GNIB) processes all applications outside of Dublin through the Garda Station network. I am informed that the registration of the person concerned was refused by GNIB due to an outstanding matter. Once the matter has been resolved, the person concerned should coordinate with their local...

Seanad: Personal Insolvency (Amendment) Bill 2020: Report and Final Stages (30 Apr 2021)

James Browne: I appreciate that the amendment has been withdrawn, but I do hear the Senator's concerns. Obviously, any certificates should be looked at and closely examined. I outlined on the previous occasion our concerns about accepting such an amendment. Those concerns still remain.

European Union Regulation: Motion (29 Apr 2021)

James Browne: I thank the Deputies for their contributions. There were some important and technical issues raised and I will try to get answers for the Deputies on some of those points. We all agree that co-operation with Europol makes sense. The threats that we face are continuing to evolve. Criminals will always be ready to exploit the advantages that they can gain from new situations and...

European Union Regulation: Motion (29 Apr 2021)

James Browne: I move: That Dáil Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following...

Written Answers — Department of Justice and Equality: Anti-Social Behaviour (29 Apr 2021)

James Browne: I am very conscious of how the impact of anti-social behaviour affects the quality of life for local communities. Preventing children getting involved in criminality, as well as diverting children away from it when they have already become involved, is a key priority for the Department of Justice and for the Government. The Department's Justice Plan 20201 contains a number...

Criminal Justice (Amendment) Bill 2021: Second Stage (28 Apr 2021)

James Browne: I thank everyone who made a contribution to the debate on this Bill. As Deputies will have noted, the Bill is limited in scope and is designed to rectify the constitutional infirmity identified by the Supreme Court with regard to repealing second or subsequent mandatory sentences, mainly in the area of firearms and misuse of drugs. As I noted in my introductory remarks, the Supreme Court...

Criminal Justice (Amendment Bill) 2021: Referral to Select Committee (28 Apr 2021)

James Browne: I move: That the Bill be referred to the Select Committee on Justice pursuant to Standing Orders 95 and 181.

Criminal Justice (Amendment) Bill 2021: Second Stage (28 Apr 2021)

James Browne: The content of this Bill is not being referred to-----

Criminal Justice (Amendment Bill) 2021: Order for Second Stage (28 Apr 2021)

James Browne: I move: "That Second Stage be taken now."

Criminal Justice (Amendment) Bill 2021: Second Stage (28 Apr 2021)

James Browne: I move: "That the Bill be now read a Second Time." The Criminal Justice (Amendment) Bill 2021 is a relatively short but significant item of legislation. I am very pleased to introduce it to the House. The purpose of the Bill is to provide for the repeal of the second or subsequent mandatory sentences in the areas of firearms and misuse of drugs. It also addresses similar mandatory type...

Written Answers — Department of Justice and Equality: Legislative Programme (28 Apr 2021)

James Browne: The Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps. The Justice Plan 2021 identifies the enactment of legislation to licence and regulate the gambling industry as a key objective. As outlined in the Justice...

Written Answers — Department of Justice and Equality: Firearms Licences (28 Apr 2021)

James Browne: Under Section 1 of the Firearms Act 1925, as amended, silencers (also known as moderators) are defined as a component part of a firearm and therefore as a firearm for the purposes of the Act. Furthermore, Statutory Instrument No 21 of 2008 (Firearms (Restricted Firearms and Ammunition) Order 2008) as amended, defines silencers as “any devices fitted or capable of being fitted to...

Seanad: EU Regulations (Europol): Motion (26 Apr 2021)

James Browne: I thank Senators for agreeing to take this motion at relatively short notice. The motion relates to a proposal to strengthen and develop Europol to increase the services it provides to European Union member states within the boundaries of the mission and tasks of the agency as laid down in Article 88 of Treaty on the Functioning of the European Union. The deadline for opting in to the...

Seanad: EU Regulations (Europol): Motion (26 Apr 2021)

James Browne: I thank the Senators for their contributions and their broad support for this proposal. This legislative initiative is part of a package of measures presented by the Commission in December 2020 to reinforce the Union's response to the threat posed by terrorism. Since the 2016 regulation came into force the operational support provided by Europol's counterterrorism centre has increased...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: The issues around opening and closing will be revisited when the amendments to section 12 are discussed and I will address them at that point. It is similar with section 11 around court rules. In regard to the issue of the Minister being given powers to decide which offences are included, the Bill goes into detail on section 5 as to what the requirements are for the Minister to decide what...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: I will seek clarification. I suspect and understand that either aiding or abetting after the fact would cover it but I will get absolute clarification.

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: I am in something of a difficult position in that this is the Minister's Bill and I cannot step into her mind. I certainly cannot step into the mind of any future Minister. As I understand it, this is to be used only where there has been considerable consultation. I reiterate that if an order is to be made, it must be laid before the Houses under section 5(4). Any Minister, whether it is...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: I could not put it any better than Senator McDowell has put it. I think the amendment is going to be withdrawn.

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: Senator McDowell gave a very good example of where I would expect a judge would require somebody to be arraigned when he or she is going to challenge that type of evidence in sexual cases. I made a section 4E application once in a manslaughter by omission case. At that time there was no precedent and there was a question as to whether it was even an offence here. Sometimes, there are...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

James Browne: For my part I welcome amendments from both Government and non-Government Members. It helps to improve legislation, which is hugely welcome. It probably is a departure from times past but it is a welcome departure. I am not minded to accept the amendment for the reason that what the Senators, with the exception of Sinn Féin, are trying to do is already done in the Bill. I refer to...

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