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Written Answers — Department of Justice and Equality: An Garda Síochána (11 Jul 2023)

James Browne: At the outset, I would like to assure the Deputy that this Government is committed to building stronger, safer communities in rural Ireland and in our towns and cities. Everybody has the right to feel safe and to be safe in their homes and on their land and property. The Rural Safety Plan 2022-2024, published by my Department, is the result of strong collaboration between all the relevant...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee and Remaining Stages (21 Jun 2023)

James Browne: ...the High Court adjudication order vests their property in the official signee in the bankruptcy. The court then issues a certificate of vesting, which is registered by the official assignee in the Land Registry and Registry of Deeds, now Tailte Éireann, to protect the property against leapfrog claims by creditors or from fraudulent transactions. Section 32 (1)(e) of the Registration...

Written Answers — Department of Justice and Equality: Control of Firearms (24 Jan 2023)

James Browne: ...of members. In relation to the specific details provided by the Deputy, I am advised that the matter refers to a recent licenced shooting event for the purposes of vermin control on Coillte lands. The licencing framework involved are not subject to the firearms legislation for which I have legal responsibility as Minister for Justice. They are a matter for Coillte, which operates under...

Seanad: Tailte Éireann Bill 2022: Committee and Remaining Stages (14 Dec 2022)

James Browne: .... The proposed amendment relates to a report that Tailte Éireann be required to prepare, within six months of the passing of this Act, in respect of a review of the digitisation of the land registry and proposed reforms to expedite land disputes where title deeds are unclear. To add this additional function in the manner proposed would not have the effect sought by the Senators and...

Seanad: Tailte Éireann Bill 2022: Committee and Remaining Stages (14 Dec 2022)

James Browne: I understand the intention of this amendment is that Tailte Éireann would commission a report to explore the feasibility of creating a register for land transactions. While I appreciate the objective of the Senator’s amendment, I will mention a number of reasons I am not disposed to accept this proposal. As part of the pre-legislative scrutiny process for this Bill, the joint...

Confidence in Minister for Housing, Local Government and Heritage: Motion (13 Dec 2022)

James Browne: ...xe9;in councillors left after about 15 minutes because they had no questions once faced with detailed answers. A local newspaper noted that after months of fury from Sinn Féin councillors, the “councillors fail to land a glove... as forecasted fury fails to materialise”. The local journalist stated: It would also be fair to say that the same levels of anger and...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: ...a number of court cases on the matter. We are seeking to do this through rebalancing the duty of care owed by occupiers to visitors and recreational users. We are talking here mostly about farmland and rural land where people may be going onto the land. It may be a visitor, recreational user or trespasser, and those different categories remain there but we have sought to clarify the...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: ...” means a register, howsoever called, maintained by a court office by, under, or in accordance with any enactment, and includes— (a) the register of judgments maintained for the purposes of the Judgements (Ireland) Act 1844, (b) the Register of Licenses within the meaning of section 16 of the Licensing Act (Ireland) 1874, (c) the register of instruments maintained under...

Saincheisteanna Tráthúla - Topical Issue Debate: Housing Provision (18 Nov 2021)

James Browne: ...above the social housing income limits. It is anticipated that similar capital subventions will be utilised at Emmet Road to make the resulting cost rents as affordable as possible, including the provision of public land at no or low cost, upfront capital grants from the Exchequer and State assistance with loan financing through the Housing Finance Agency and the European Investment Bank.

Saincheisteanna Tráthúla - Topical Issue Debate: Housing Provision (18 Nov 2021)

James Browne: ...rents will be set. Within the past year, the Minister for Housing, Local Government and Heritage has developed an entirely new policy framework to enable the development of cost rental housing in Ireland, culminating in its inclusion in the Government’s Affordable Housing Act. The Minister has also rolled out funding for cost rental through the cost rental equity loan schemes for...

Civil Law (Miscellaneous Provisions) Act 2021: Motion (16 Nov 2021)

James Browne: ...areas. It removed the uncertainty in respect of the lawful sale and consumption of alcohol in outdoor seating areas where those outdoor seating areas have been permitted by the local authorities on public land or where they are on private land abutting the licensed premises. Confidence in the law and certainty was sought by businesses, local authorities and An Garda Síochána,...

Seanad: Land and Conveyancing Law Reform Bill 2021: Report and Final Stages (16 Nov 2021)

James Browne: ...increase legal costs, and bring little benefit, if any, compared with the legal rules already set out in the Bill. I will give a number of reasons for this. It is worth recalling that, before the Land and Conveyancing Law Reform Act 2009, there were effectively three different and parallel sets of rules under which a person could claim a prescriptive easement or profit over another...

Seanad: Land and Conveyancing Law Reform Bill 2021: Report and Final Stages (16 Nov 2021)

James Browne: The acceptance of the amendment would delete section 3 of the Bill, which refers to special restriction periods for State lands and for foreshore. Senator Boylan spoke to amendment No. 6 but Senator Higgins spoke to amendment No. 7. I must make a couple of important points. As with the earlier amendments seeking to delete section 2(b), this proposes a significant shift in established policy...

Select Committee on Justice and Equality: Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage (10 Nov 2021)

James Browne: ...will be ready on Report Stage. Again, due to their complexity I am happy to share those amendments in advance with the committee in order that it might have a look at them as I do not just want to land them on members on Report Stage. I had hoped to have them today but because of the complexity of trying to transfer over, in particular in the context of the situation in the UK, where...

Seanad: Land and Conveyancing Law Reform Bill 2021: Second Stage (9 Nov 2021)

James Browne: ..., who regrets that she is unable to be here in person, I am pleased lead off the debate on Second Stage. As Senators will be aware, this is an important and urgent Bill. Under Part 8 of the Land and Conveyancing Law Reform Act 2009, significant changes to the law on prescriptive easements and profits à prendreare due to take effect immediately after 30 November 2021, in just three...

Seanad: Land and Conveyancing Law Reform Bill 2021: Second Stage (9 Nov 2021)

James Browne: ...the situation just in west Cork alone. A similar statement was put to me in that it would take 100 years to resolve it. In theory, the idea behind the Bill would be great if someone discovered new land somewhere and was starting from scratch. Considering the nature of land in Ireland, it was going to be impossible to apply. Senator Daly brought up the important point that a number of...

Criminal Justice (Smuggling of Persons) Bill 2021 [Seanad]: Second Stage (4 Nov 2021)

James Browne: I move: "That the Bill be now read a Second Time." I am pleased to introduce this Bill to the Dáil following its passing in the Seanad. The purpose of this legislation is to strengthen Ireland's regime against the smuggling of persons and to implement several important international instruments in this area. People smuggling is the facilitated, irregular movement of persons...

Written Answers — Department of Justice and Equality: Citizenship Applications (12 Oct 2021)

James Browne: ...over time, not least to take account of the enactment of new laws. However, in essence it speaks to the need for the applicant to have demonstrated a history of compliance to the laws of the land. The naturalisation application form specifically requires the applicant to list offences, but also provides an opportunity to provide additional details regarding any such offence(s). The mere...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Legislative Measures (29 Sep 2021)

James Browne: ...in the law on prescriptive rights of way that was due to take effect on 30 November 2021. A prescriptive right of way is one acquired by long use as of right by a property owner over a neighbour's land which is not recorded in any surviving title deed. Common examples are rights to access a farm or dwelling house where the access laneway is privately owned by one or more neighbours....

Seanad: Nithe i dtosach suíonna - Commencement Matters: Legislative Measures (29 Sep 2021)

James Browne: I agree about public awareness. My office was contacted by people asking what they should do about registering rights of way. Problems have arisen as Ireland has become more mobile. Where there might have been a farmer at the end of a laneway with one neighbour, there might be extra houses now and that can be challenging. I know of the case of a couple where the people who own the...

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