Results 141-160 of 5,774 for speaker:James Browne

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: Amendments Nos. 13 to 16, inclusive, 24 to 27, inclusive, 29 to 32, inclusive, and 57 and 60 are grouped for discussion. They are amendments relating to optional grounds for refusal and the repeal of section 21A of the 2003 Act. Amendments Nos. 13 and 15 amend section 9, which amends section 15 of the 2003 Act. These amendments reflect the fact that there are not only mandatory grounds for...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: I certainly hear the Senator's concerns. What we have sought to do is amend section 10 to tighten up the wording in order that the relevant arrest warrant relates to the state which intends to prosecute for offences. We probably feel it is as far as we can go considering the CJEU decisions. We have certainly sought to tighten it up as much as possible to address the Senator's genuine concerns.

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: I understand the point of the Senator's amendment is to formally inform the person concerned of their relevant rights after a section 18 postponement, as that is when they are most likely be at issue. There is a danger here of being overly prescriptive. The courts routinely provide this information at the point that is relevant to the person. Of course, the person is also almost always...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: These amendments would have the effect of deleting the words "without delay" in places where they appear in the Bill. As the Senator will be aware, the EAW framework decision imposes certain time limits on where it has not been possible for Ireland, as the executing judicial authority, to comply with those time limits. In EAW proceedings the framework decision provides that the executing...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: Amendments Nos. 19 and 34 provide for amendment to section 9, which amends section 15 of the 2003 Act, and for the amendment of section 10, which amends section 16 of the 2003 Act. Where a member state is unable to surrender a person within the time limits required, and that failure is due to circumstances beyond the control of that member or the issuing state, the 2003 Act provides that a...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: On amendment No. 23, the Commission has noted that the lack of a mandatory observance of certain time limits in the framework decision is particularly evident from "may" provisions in sections of the 2003 Act which discretion for the High Court not otherwise required in the framework decision. As the Senator will be aware, this legislation transposing the framework decision is the subject of...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: Amendments Nos. 37 to 42, inclusive, amend this section, which inserts a new section16(a) into the 2003 Act. This new section provides that where the prescribed time limits are not met, that failure does not constitute a ground to refuse surrender, does not prejudice the requirement for the court to make a decision as to whether to endorse an arrest warrant for execution and does not...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: Amendment No. 45 relates to section 15. Where a person who 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) substitutes section...

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: This amendment transposes a provision of the Schengen information system regulation in the field of police and judicial co-operation in criminal matters. Article 26(4)(b) of that regulation 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.

Seanad: European Arrest Warrant (Amendment) Bill 2022: Committee Stage (22 Feb 2024)

James Browne: This amendment comes on foot of consultation with key stakeholders and is included with a view to ensuring that conditional surrender is fully reciprocal between the State and other states across Europe. The amendment provides that conditional surrender operates when the State makes such a request of another state, just as it already does where it is requested of the State under section 19.

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: An Garda Síochána (22 Feb 2024)

James Browne: I appreciate where the Deputy is coming from. I often hear from the local authority in the area where I live that somebody is being vetted, but it is not Garda vetting as such. Local authorities are using that as a generic term rather than the technical term under the legislation, when what they have done is contact the local superintendent for a particular request relating to a person who...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: An Garda Síochána (22 Feb 2024)

James Browne: I thank the Deputy for asking this question. The primary purpose of employment vetting as carried out by the Garda National Vetting Bureau, GNVB, is to ensure the safety of children and vulnerable adults. I am sure the Deputy would agree on the vital importance of this task and the need for it to be carried out thoroughly and correctly. The National Vetting Bureau (Children and Vulnerable...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: An Garda Síochána (22 Feb 2024)

James Browne: To be clear, people seeking social housing are not Garda vetted under the Garda vetting Act or in any other shape or form. The local authority can request information on a particular person in the context of the specified persons provisions under section 15 of the 1997 Act, including An Garda Síochána, or from another local authority, for that matter. There is a very specific set...

Written Answers — Department of Justice and Equality: Legislative Measures (22 Feb 2024)

James Browne: As the Deputy is aware, the Criminal Justice (Legal Aid) Act 1962, is the primary legislation covering the operation of the Criminal Legal Aid Scheme. Under the Act, it is the courts, through the judiciary, who are responsible for the granting of legal aid. Last July, myself and Minister McEntee published the General Scheme of the Criminal Justice (Legal Aid) Bill 2023 after it was...

Written Answers — Department of Justice and Equality: Drug Dealing (22 Feb 2024)

James Browne: As the Deputy will appreciate, sentencing in any court case is solely a matter for the presiding judge. The Misuse of Drugs Act currently provides for a presumptive minimum sentence of 10 years for the offences of possession of drugs for supply and/or importation of controlled drugs in excess of €13,000 value. When deciding on the imposition of sentencing to lessen the presumptive...

Written Answers — Department of Justice and Equality: Antisocial Behaviour (22 Feb 2024)

James Browne: As the Deputy will be aware, in line with a Programme for Government commitment, I established an Expert Forum on Anti-Social Behaviour (ASB) in 2020. The Forum is examining a broad range of issues with a focus on developing measures which will counteract the negative impact of ASB on community morale and quality of life. The forum has established four sub-groups to consider the specific...

Court Proceedings (Delays) Bill 2023: Report and Final Stages (21 Feb 2024)

James Browne: I move amendment No. 1: In page 9, line 32, to delete “or”.

Court Proceedings (Delays) Bill 2023: Report and Final Stages (21 Feb 2024)

James Browne: I move amendment No. 2: In page 9, line 33, after “authority,”, to insert the following: “or (e) appointed to be a judge,”.

Court Proceedings (Delays) Bill 2023: Report and Final Stages (21 Feb 2024)

James Browne: I move amendment No. 3: In page 25, line 10, to delete “any person arising because” and substitute “the State or a relevant authority arising from a claim that”. These are mostly technical amendments and I think they speak for themselves.

Court Proceedings (Delays) Bill 2023: Report and Final Stages (21 Feb 2024)

James Browne: I move amendment No. 4: In page 25, line 18, to delete “against” and substitute “against the State or”.