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Written Answers — Citizenship Applications: Citizenship Applications (24 Apr 2007)

Michael McDowell: I understand the Immigration Division of my Department has been in contact with the person concerned outlining the options open to her. The person referred to by the Deputy should now contact the Immigration Division regarding her future intentions in the State.

Written Answers — Garda Deployment: Garda Deployment (24 Apr 2007)

Michael McDowell: I have since been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel resources, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,178 following the attestation of 273 new members on Wednesday 14 March, 2007. This compares with a total strength of 10,702 (all ranks) on 30 June, 1997 and...

Written Answers — Missing Persons: Missing Persons (24 Apr 2007)

Michael McDowell: A clarification has been sought and will be communicated to the Deputy as soon as the information is received from the Garda authorities.

Written Answers — Garda Investigations: Garda Investigations (24 Apr 2007)

Michael McDowell: I am informed by the Garda authorities that any documentation from the person referred to should be sent to the Commissioner, An Garda Síochána, Phoenix Park, Dublin 8. I am also informed that the complaint referred to has been referred to the Chief Superintendent, Cavan/Monaghan Garda Division for investigation.

Written Answers — Traffic Fines: Traffic Fines (24 Apr 2007)

Michael McDowell: I am informed by the Garda authorities that prior to the roll-out of the Fixed Charge Processing System on 3 April, 2006 a number of non-penalty point offences were dealt with by the fines on the spot system. Since 3 April, 2006 the use of hand-held devices and notepads replaced the fines on the spot system and all offences are now being dealt with under the Fixed Charge Processing System....

Written Answers — Port Status: Port Status (24 Apr 2007)

Michael McDowell: I propose to take Questions Nos. 227 and 228 together. I refer the Deputy to my previous answer to Question Nos. 193 and 194 of 6 March, 2007 and Question 27 of the 4 April 2007. The position as set out in those answers has not changed. Section 6 of the Immigration Act 2004 provides, inter alia, that a non-national (other than a seaman) coming by sea or air from outside the State shall not,...

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: On a point of order, the record of the House should show that before the Easter recess, I stated that we would follow a particular course if we finished business today. However, Deputies have pursued other projects. There was plenty of time to discuss——

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: Electronic tagging to the nth degree.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: I am not accepting further Opposition amendments.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: Deputy Cuffe is here. There must be a vote.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: The Deputy is correct. It will have to await the election of the next Government but who is in the Government is a completely different matter. I am watching the entire spectrum of opinion from Deputy Ó Snodaigh who is completely against it to Deputy Howlin who is probably against it but will go along with it for convenience sake to Deputy O'Keeffe who is strongly in favour of it.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: I am somewhere between Deputies Howlin and O'Keeffe.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: That is where I am. We have dealt with this ad nauseam and we should stop at this stage. Question, "That the words proposed to be deleted stand", put and declared carried.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: I am always in favour of codifying general law of this kind one way or the other. I am not sure I agree with every single detail in this amendment and I am not in a position to accept it today.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: To some extent this proposal is a statement of current law.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: The practice. I would be loathe to incorporate that into law without thinking about it very carefully. The current practice allows flexibility and where facts are not really in dispute, there is no need to have primary evidence consisting of defence lawyers stating their client is a certain age, his family is a certain size or his employment history is this way or that. If this was...

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: We have also discussed this at great length and my position is fairly clear.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: I move amendment No. 50: In page 20, between lines 20 and 21, to insert the following: 24.—(1) In this Part— "imprisonment" includes— (a) detention in Saint Patrick's Institution, (b) detention in a place provided under section 2 of the Prisons Act 1970, and (c) detention in a place specified under section 3 of the Prisons Act 1972, and "prison" and "sentence of imprisonment" shall be...

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: On Committee Stage I indicated I would look very carefully at this part of the Act to see precisely what we were trying to achieve and whether we had achieved it. We went through a radical revision in light of everything said in this House, having carefully listened to all the remarks made from every quarter. We have amended it to reflect what I believe is a consensus in this House on the...

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: Exactly. It will provide for the constitutional safety valve that exists in other areas as well. In particular, it ensures that the court can distinguish between gangland cases and other cases in which the convicted person may technically qualify to be treated in accordance with section 24, but where it would be disproportionate for him or her to be treated in such a manner. Such a...

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