Results 7,401-7,420 of 18,761 for speaker:Michael McDowell

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: This is tabled on the advice of the Attorney General. The amendment provides a statutory basis for the entry to a prison of members of the Garda Síochána so that they can carry out their duties. While nothing in law prevents gardaí from so doing and they already enter prisons, say, to identify a suspect, the view of the Attorney General is it would be beneficial to include a specific...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: Section 19 of the Criminal Justice (Miscellaneous Provisions) Act 1997 contains a rule making provision for prisons. Section 19(8) provides that any rules under previous provisions of Acts, parts of which have been repealed, still stand. This was included when the 1947 rules were made and there were older provisions. While the Bill will provide for new prison rules to be made, the old...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I will examine all these amendments before Report Stage to ensure the legitimate issues raised are accommodated.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I cannot accept the proposal in amendment No. 14 that a prison custody officer not be allowed to perform the function pending a decision relating to a complaint. That would mean prisoners could effectively wipe out prison custody officers by making complaints. If such a provision were applied to prison officers at the moment we would have chaos in our prisons. It does not make any sense to...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I have considerable sympathy for Senator Tuffy's earlier amendment but the Parliamentary Counsel was not keen for me to accept it. However, I can see its force and, between now and Report Stage, I will look at it again and consider if the rules referred to are those in force at a material time rather than any which might have been repealed. It may depend on the Interpretation Act and I do...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I never leak information. If I disclose information it is in full conformity with the Official Secrets Act. One of the functions vested in a Minister is to determine whether to release information in the public interest under that Act. I am accountable to Dáil Éireann for the way I carry out my duties and perform my functions. I emphasise that I do not leak information. The Senator's...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I do not intend to accept the amendment. There is a Freedom of Information Act and if information is appropriate to be put in the public domain, in other words, if it does not contain security or confidential material, it will be available in that way. I cannot simply state that every report on every contractor in every circumstance goes into the public domain, any more than I would state...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: This section provides that an officer of the Minister is to monitor the performance by a contractor of his or her functions. A person appointed as a monitor "shall, not later than 31 March in each year, prepare and submit a report to the Minister on the performance by a contractor of his or her functions under an agreement in respect of the year immediately preceding the year in which the...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: With regard to amendment No. 24, I prefer to retain the word "may" because it allows flexibility with regard to matters which might or might not be appropriate procedures and how I establish them and lay them down. While the section does not necessarily require rules, it makes possible the introduction of rules to address these issues. I am favourably disposed towards amendment No. 25 and,...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I am sympathetic to the Senator's argument and will consider an extension to other cognate disciplines.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: Amendments Nos. 32 to 44, inclusive, deal with appeals relating to disciplinary sanctions. Amendment No. 32 proposes that a prison may, within seven days of a decision of an appeals tribunal upholding a sanction, appeal the decision to the Minister. I do not propose to accept this amendment because the appeals tribunal created under this legislation is independent in the exercise of its...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: It is important that such bodies be seen to be independent and quasi-judicial and that persons sitting on them be such that one might expect of them an understanding of the law regarding the European Convention on Human Rights, fair procedures, natural justice, constitutional principles and so on. Such concepts are valuable in this context. I would not like to say too much about former...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: We do not want to deal with the psychiatric profession through such stereotypes. However, if we are to establish an independent, quasi-judicial system to replace what currently obtains, which is that there is virtually no possibility of appeal, it would be better to do so using someone expected to have due regard to legality and who knows his or her way around such things as the European...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: It is a matter of judgment. For instance, there are lawyers on the Refugee Appeals Tribunal, since deciding who is entitled to protection under the Geneva Convention is a complex process. If one is listening to a proposal that someone's remission, which can be up to a quarter of his or her sentence, be forfeit because of an incident, one should have a very clear grasp of the law, since I...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: Its members are entirely capable of making blunders, but it is supposed to be notable when they do so. One cannot ask laypeople to become expert in the law solely to decide such issues. I do not have unshakeable faith that no lawyer will ever make a mistake. There is no doubt that lawyers will make mistakes and, in such cases, there will be a judicial review. A lawyer, however, is less...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: Amendment No. 45 inserts the word "any" before "aspects of the environment likely to be significantly affected". This precision is necessary because it is possible that a proposed development might have no significant adverse effects on the environment. Amendment No. 46 adds "cultural heritage" to the list of those aspects of the environment likely to be significantly affected by a proposed...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: The built environment is cognisable under the provisions of the section, as amended. In regard to the Senator's question on oral hearings, I wish to clarify that the procedure outlined in this Bill does not involve the Minister making the final decision. Part 4 applies to a particular development where the Minister directs that it should do so. Such a direction is deemed to be a statutory...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: It is very similar but I will not certify it off the top of my head. It is the same territory.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I accept the amendment.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: Senator Henry has tabled a proposal to extend the audio-visual provisions in section 33 to persons detained. I would like to examine the implications of such a move, the question of prison transport and the implications of extending the concept of "prisoner" to the categories of persons to whom she referred between now and Report Stage. This has negative and positive implications and far be...