Results 1-10 of 10 for echr speaker:James Browne

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Seanad: Court Proceedings (Delays) Bill 2023: Second Stage (20 Mar 2024)

James Browne: ...the potential abuse of the remedy which would only compound court delays. I conclude by reminding Senators that the approach set out in the Bill providing vindication of an individual's constitutional and ECHR rights ensures Ireland is in line with its international obligations. I look forward to hearing the views of Senators on this Bill and am pleased to commend it to the House.

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

James Browne: .... I would also like to acknowledge the crucial role played in the administration of justice by barristers and solicitors who undertake criminal legal aid work. Their work ensure that the Constitutional and ECHR rights to the presumption of innocence and to due process are fully respected which limits avenues for appeal or prohibition of the prosecution. That was why it was a priority to...

Court Proceedings (Delays) Bill 2023: Second Stage (24 May 2023)

James Browne: ...any, payable. Compensation will be determined by reference to the jurisprudence of the European Court and will be in line with the concept of just satisfaction under Article 41 of the European Convention on Human Rights, ECHR. This is an important feature of the Bill and will serve to safeguard against excessive awards. It is also in line with the 2021 Supreme Court judgment in...

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

James Browne: ...as it sets a clear bar for the courts to assist them in determining what is incitement to violence or hatred. It is important to stress that the section was expressly drafted in line with the ECHR, does not create a defence for persons who are accused of incitement to violence or hatred and, therefore, cannot be exploited or abused by people who incite hatred to try to avoid a conviction....

Seanad: Offences against the State (Amendment) Act 1998: Motion (29 Jun 2022)

James Browne: ...crime, the duty to deliver a fair and effective criminal justice system to ensure the protection of communities and the security of the State, and Ireland's obligations in relation to constitutional and ECHR rights and international law. The chair of the review group has recently reported that the group has had significant engagement with relevant stakeholders, statutory agencies and...

Seanad: Offences against the State (Amendment) Act 1998: Motion (29 Jun 2022)

James Browne: ...Michael Peart is doing an in-depth review which will look at the current threats, the duty to deliver a fair and effective criminal justice system and our obligations under the Constitution and the ECHR. We will see what Mr. Justice Peart comes back with in regard to his review. Senator Ó Donnghaile pointed out that Sinn Féin will not oppose the motion. In regard to the tools,...

Seanad: Criminal Justice (Amendment) Bill 2022: Second Stage (27 Apr 2022)

James Browne: ...contest between the prosecution and the defence. The procedural and evidentiary rules, including those at sentencing stage, which have evolved overtime, are based on that assumption. Under both the Constitution of Ireland and the European Convention on Human Rights, ECHR, there must be equality of arms insofar as that can be achieved between the accused and the prosecution. This does...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: ...that the State protects the rights of all of those who come into the State, whether they have been smuggled or not, and those rights arise under the Constitution as well as the 1951 convention, the ECHR and other instruments. Both the ECHR and the 1951 convention are given effect across the breadth of our law. In respect of those seeking asylum, this is most notable in the International...

Written Answers — Department of Justice and Equality: Law Reform (3 Jun 2021)

James Browne: ...consultation, organising a symposium on defamation law reform, examining relevant reforms in other jurisdictions and careful consideration of recent domestic and European Court of Human Rights (ECHR) case law. Unfortunately, completion of the review was delayed last year due to the need to prepare and enact urgent legislation to deal with the COVID-19 pandemic and Brexit. My...

Written Answers — Department of Justice and Equality: Deportation Orders (3 Jun 2021)

James Browne: ...facts and circumstances of the individual case has been conducted, including in relation to their right to a private and a family life under Article 8 of the European Convention on Human Rights (ECHR). Furthermore, it is open to a person subject to a Deportation Order to make a request, under section 3(11) of the Immigration Act 1999 (as amended), to have that order revoked. Any such...