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Written Answers — Garda Disciplinary Code: Garda Disciplinary Code (8 Jun 2006)

Michael McDowell: Work is currently under way in my Department in relation to the preparation of draft new Garda disciplinary regulations on the lines recommended by the Morris Tribunal. These new Regulations will completely replace the existing disciplinary procedures. It will be recalled that the Morris Tribunal, in its latest reports, was critical of those procedures, pointing out that because of the...

Written Answers — Law Reform Commission: Law Reform Commission (8 Jun 2006)

Michael McDowell: I can inform the Deputy that a full list of the Reports of the Law Reform Commission since 1985 is on the Commission's website together with the text of each Report, and that an indicative list of the Reports which have been implemented, in one form or another, is also on the Commission's website.

Written Answers — Constitutional Challenges: Constitutional Challenges (8 Jun 2006)

Michael McDowell: I can inform the Deputy that I was never made aware of a High Court constitutional challenge to the Criminal Law Amendment Act 1935. As the Tánaiste has told this House, on 29 November 2002 my Department was informed in writing by the Chief State Solicitor's Office of an application seeking judicial review to challenge certain provisions of the Criminal Law Amendment Act 1935, (The "C.C."...

Written Answers — Garda Investigations: Garda Investigations (8 Jun 2006)

Michael McDowell: I have been informed by the Garda authorities that the murder of the person referred to is under active investigation by the Gardaí at Coolock Garda Station. A number of persons have been arrested and the investigation is progressing. To date a file has not been submitted to the Director of Public Prosecutions and no person has been charged in connection with this incident. As this is an...

Written Answers — Garda Strength: Garda Strength (8 Jun 2006)

Michael McDowell: I have been informed by the Garda Commissioner that the personnel strength (all ranks) of An Garda Síochána is set to rise to a record 12,641 today following the attestation of 273 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June 1997 and represents an increase of 1,939 (or 18.1%) in the personnel strength of the Force during that period. The Deputy will...

Written Answers — Prison Drug Treatment Services: Prison Drug Treatment Services (8 Jun 2006)

Michael McDowell: On 2nd May 2006, I launched the new Irish Prison Service Drugs Policy & Strategy, entitled Keeping Drugs out of Prison. This new policy fulfils the commitment in the Programme for Government to publish the plan to end all heroin use in Irish prisons as well as my own commitment to achieve a drug-free prison system. The implementation of this Policy & Strategy has seen an intensification of...

Written Answers — Garda Vetting Services: Garda Vetting Services (8 Jun 2006)

Michael McDowell: The Garda Central Vetting Unit (GCVU), established in January 2002, currently processes vetting requests in respect of, inter alia, the following: prospective employees of the Health Service Executive (HSE); prospective employees of certain agencies funded by the HSE; childcare places funded by the Equal Opportunities Childcare Programme; special education facilities; special needs assistants...

Written Answers — Garda Reserve: Garda Reserve (8 Jun 2006)

Michael McDowell: In July 2005, as part of a submission on the future resourcing requirements of the Garda Síochána, the Garda Commissioner proposed the recruitment of up to 4,000 reserve members as provided for in the Garda Síochána Act 2005. In response, and in the context of identifying policing priorities for inclusion in the Garda policing plan for 2006, I set the objective of the recruitment of 900...

Written Answers — Garda Equipment: Garda Equipment (8 Jun 2006)

Michael McDowell: I am advised by the Garda authorities that 131 Garda stations out of a total of 703 stations have video interview recording facilities — almost 19% of the total. In its Third Report dated September, 2004, the Steering Committee on Audio Video Recording of Garda Questioning of Detained Persons reported that there was a total of 167 Garda stations with detention facilities that are used to...

Written Answers — Asylum Policy: Asylum Policy (8 Jun 2006)

Michael McDowell: I propose to take Questions Nos. 73 and 210 together. Title IV of the Treaty establishing the European Community (inserted by the Treaty of Amsterdam) provides, inter alia, that the Council shall within a period of five years from the entry into force of the Amsterdam Treaty (1 May 1999), adopt certain minimum standards for asylum in EU Member States. The objective of the relevant provisions...

Written Answers — Garda Training: Garda Training (8 Jun 2006)

Michael McDowell: I have been informed by the Garda Authorities that plans to refurbish the Garda indoor firing range at Garda Headquarters are being advanced. A specification of requirements has been prepared with the assistance of an external company which has expertise in this area. In the interim, miliary ranges are being utilised to provide the requisite training for Garda personnel.

Written Answers — Garda Investigations: Garda Investigations (8 Jun 2006)

Michael McDowell: A Garda Superintendent from outside the relevant Garda Division has been appointed to examine the circumstances surrounding the arrest, charging and subsequent acquittal of the person in question. That report has not yet been received. I do not propose to publish the report when it is received but it may be possible to provide the House with further information at that time.

Written Answers — Garda Investigations: Garda Investigations (8 Jun 2006)

Michael McDowell: A Detective Superintendent from outside the relevant Garda Division was appointed immediately after the incident to carry out a detailed investigation into all the circumstances surrounding the person in question's arrest, detention and removal to hospital. The Garda authorities submitted a file to the Director of Public Prosecutions on the matter and furnished a copy to me also. The Director...

Written Answers — Traveller Community: Traveller Community (8 Jun 2006)

Michael McDowell: The question of recognition of Travellers as an ethnic group has been raised by some Traveller Organisations in the context of a number of international conventions notably the UN Convention for the Elimination of all Forms of Racial Discrimination (CERD). The CERD defines "racial discrimination" as any distinction, exclusion, restriction or preference based on race, colour, descent, or...

Written Answers — Departmental Transport: Departmental Transport (8 Jun 2006)

Michael McDowell: Car purchases for Government Departments and Agencies are generally organised by the Government Supplies Agency (GSA). Factors such as fuel efficiency and safety are taken into account in making such purchases.

Written Answers — Community Policing Fora: Community Policing Fora (8 Jun 2006)

Michael McDowell: Currently funding is made available via the Department of Community, Rural and Gaeltacht Affairs to a number of Community Policing Fora which have been established in the context of the Government's National Drugs Strategy. There are two such fora operating on a pilot basis under the aegis of the North Inner City and Finglas/Cabra Local Drugs Task Forces respectively. A Community Policing...

Written Answers — Vehicle Regulations: Vehicle Regulations (8 Jun 2006)

Michael McDowell: I am informed by the Garda authorities that the complainant in respect of allegations of non-compliance with public service vehicles regulations in Athlone was interviewed but declined to make a written statement. I am further informed that the allegations have nevertheless been investigated by the Garda Síochána, and no evidence was uncovered to support these allegations.

Written Answers — Sexual Offences: Sexual Offences (8 Jun 2006)

Michael McDowell: The only correspondence which it has been possible to find in my Department which argued for the introduction of a defence of reasonable mistake as to age were in the context of the views invited from the public to the issues addressed in the Discussion Paper on the Law on Sexual Offences published by my Department in 1998. The Discussion Paper quoted the Law Reform Commission's...

Written Answers — Residency Permits: Residency Permits (8 Jun 2006)

Michael McDowell: I am pleased to inform the Deputy that permission to remain in the State has been granted to both of the persons in question and a letter notifying them of the decision has already issued.

Written Answers — Road Traffic Offences: Road Traffic Offences (8 Jun 2006)

Michael McDowell: I am informed by the Garda authorities that both local and Dublin Metropolitan Region Traffic Division personnel are actively enforcing the three-tonne limit on Kennelsfort Road on a daily basis. From March to date fifty four summonses have been applied for in relation to this breach and eleven fixed charge penalty notices have also been issued. I am further informed that eight convictions...

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