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European Arrest Warrant (Amendment) Bill 2022: From the Seanad (6 Mar 2024)

James Browne: Amendment No. 34 relates to section 15 of the Bill. Where a person has been surrendered to an issuing state, and the issuing state wishes to prosecute the person for other offences, the consent of the High Court is required. If the conditions of the EAW framework decision are met and no grounds for non-execution apply, the High Court is obliged to give its consent. Section 15(a) of the...

European Arrest Warrant (Amendment) Bill 2022: From the Seanad (6 Mar 2024)

James Browne: This amendment transposes a provision of Schengen information system regulation in the field of police co-operation and judicial co-operation in criminal matters, which requires that prior authorisation to make an alert temporarily unavailable be granted by "the competent judicial authority". The amendment sets out a procedure to do this.

European Arrest Warrant (Amendment) Bill 2022: From the Seanad (6 Mar 2024)

James Browne: This amendment relates to section 6 and provides that where a person is arrested on foot of a Trade and Cooperation Agreement arrest warrant issued by the United Kingdom, they are to be advised of their right to legal advice in the United Kingdom for the purpose of assisting their legal representatives here.

European Arrest Warrant (Amendment) Bill 2022: From the Seanad (6 Mar 2024)

James Browne: Amendment No. 7 transposes Articles 18 and 19 of the European arrest warrant framework decision, and the comparable provisions of the Trade and Cooperation Agreement. It provides a mechanism whereby a person who is to be heard by a judicial authority in the issuing state may either be temporarily transferred to that state or heard in Ireland by a court assisted by a person nominated by that...

European Arrest Warrant (Amendment) Bill 2022: From the Seanad (6 Mar 2024)

James Browne: Amendments Nos. 11, 12, 23 and 24 deal with situations where surrender does not take place due to force majeure. These amendments provide for amendment to section 9, which amends section 15(5)(b) of the 2003 Act, and for amendment to section 10, which amends section 16(5)(b) of the 2003 Act. The amendments address a technical issue and clarify that it is the court rather than the central...

European Arrest Warrant (Amendment) Bill 2022: From the Seanad (6 Mar 2024)

James Browne: I move amendment No. 1 to Seanad amendment No. 13: To insert after “finalised and,”, “on conclusion of those proceedings and”.

European Arrest Warrant (Amendment) Bill 2022: From the Seanad (6 Mar 2024)

James Browne: This group covers a number of amendments dealing with administrative, technical and typographical matters. Amendment No. 2 is a grammatical correction amending the word "who" to "whom". Amendment No. 5 deletes the words "in that state" in section 10(d) of the 2003 Act. This amendment arises from a decision of the High Court in the case of the Minister for Justice and Equality v. Gustas...

Seanad: EU Talent Pool: Motion (5 Mar 2024)

James Browne: I am speaking today to seek Seanad Éireann approval to opt in to a proposal for a regulation of the European Parliament and the Council establishing an EU talent pool. Ireland has the right to decide whether to opt in to this measure under Protocol No. 21 to the Treaty on the Functioning of the European Union. The three-month time period for an opt-in to the proposal expires tomorrow,...

Seanad: EU Talent Pool: Motion (5 Mar 2024)

James Browne: I thank Senators Gallagher, Boyhan, Ahearn and Wall for their contributions. I will address a couple of issues. No occupations are prohibited. Ireland has the discretion to add or remove vacancies that suit our particular economic needs, but it is important to point out that these occupations will be kept under review. While the EU talent pool will primarily facilitate the offer of a job,...

Seanad: Criminal Justice (Engagement of Children in Criminal Activity) Bill 2023: Committee and Remaining Stages (5 Mar 2024)

James Browne: I send my gratitude to my colleagues in both Houses who supported the progress of this important Bill. The widespread support has been very welcome and very important. The contributions to date have demonstrated a robust backing for the objectives of this Bill. It is clear that we are united in seeking to mitigate against the very real threat of children being exploited to be engaged in...

Written Answers — Department of Justice and Equality: Departmental Funding (5 Mar 2024)

James Browne: Every young person deserves the opportunity to improve their quality of life and our commitment to expanding Youth Justice services, and increasing funding to these services, similarly reflects our commitment to these young people. This commitment is a central point of our Youth Justice Strategy, launched in 2021, which provides a developmental framework to address key challenges and emerging...

Written Answers — Department of Justice and Equality: Gambling Sector (5 Mar 2024)

James Browne: Reform of gambling legislation, licensing and regulation is a priority for the Government and my Department. The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in-person perspective. The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment...

Written Answers — Department of Justice and Equality: Gambling Sector (5 Mar 2024)

James Browne: Reform of gambling legislation, licensing and regulation is a priority for the Government and my Department. The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in-person perspective. The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Report and Final Stages (28 Feb 2024)

James Browne: I thank the Acting Chair. All of these are technical amendments. Amendment No. 1 is a grammatical correction and I thank Senator Ward for bringing this to our attention. With regard to amendments Nos. 2, 3, 8 and 9, section 21A of the Act is being repealed and references to it, including references to the provision by which it was originally asserted, are being removed...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Report and Final Stages (28 Feb 2024)

James Browne: Amendments Nos. 5 and 12 also deal with situations where surrender does not take place due to force majeure.These amendments address a technical issue with the amendments made to sections 15(5)(b) and section 16(5)(b) to clarify that it is the court rather than the central authority that must be satisfied that the force majeure circumstances continue to exist.

Seanad: European Arrest Warrant (Amendment) Bill 2022: Report and Final Stages (28 Feb 2024)

James Browne: Amendments Nos. 6 and 13 clarify the obligations for the consideration of an appeal or an article 40 application, prevents the determination of surrender proceedings within the relevant time limit that the court causes the issuing judicial authority on Eurojust to be informed and clarifies the requirement to provide reasons when so doing.

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