Results 10,961-10,980 of 18,733 for speaker:Michael McDowell

Written Answers — Citizenship Applications: Citizenship Applications (30 Mar 2006)

Michael McDowell: I refer the Deputy to my reply to Parliamentary Question No. 216 of 2 March 2006 in this matter. The position remains that the person concerned made an application for permission to remain in Ireland on the basis of being the parent of an Irish citizen child, born before 1 January 2005, under the revised arrangements announced by me on the 15 of January 2005. The application, which was...

Written Answers — Citizenship Applications: Citizenship Applications (30 Mar 2006)

Michael McDowell: I take it that the Deputy is referring to the conditions under which the non-EEA parents of children born in Ireland prior to 1 January 2005 are granted residency in the State. The Deputy will be aware that children born to foreign national parents on or after 1 January 2005 are not automatically entitled to Irish citizenship. I announced details of new arrangements to deal with the...

Written Answers — Garda Investigations: Garda Investigations (30 Mar 2006)

Michael McDowell: I have requested a report from the Garda authorities in respect of the matters concerned and I will revert to the Deputy when this report is to hand.

Written Answers — School Absenteeism: School Absenteeism (30 Mar 2006)

Michael McDowell: As I stated in my reply to Parliamentary Question No. 197 of 9 March 2006 matters relating to school attendance and child care and protection issues are the responsibility of the Ministers for Education and Science and Health and Children respectively. However I requested a report from the Garda authorities in respect of the persons concerned. I have now been informed by the Garda authorities...

Written Answers — Departmental Staff: Departmental Staff (30 Mar 2006)

Michael McDowell: There are approximately 22,000 staff, including gardaí, prison officers, courts staff, departmental headquarter staff and Land Registry officials on the payroll of the Department of Justice, Equality and Law Reform. On 31 December 2004 30 staff were on suspension with pay. On 31 December 2005 the figure was 36. These figures amount to 0.13% and 0.16% of total staff respectively. The Deputy...

Seanad: Schools Building Projects. (30 Mar 2006)

Michael McDowell: On behalf of the Minister for Education and Science, Deputy Hanafin, I thank Senator Bradford for raising this matter as it affords me the opportunity to outline to the Seanad the strategy of the Department of Education and Science on capital investment in education projects, and the position regarding the development of education provision in the Presentation secondary school, Mitchelstown....

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: On the last point, section 85(3) applies the Data Protection Act to this material, therefore, the issue is covered. What the Senators are asking me to do from two different perspectives is to establish a set of safeguards in Irish domestic law, which we apply to Irish domestic circumstances and which are intended to ensure there is scrutiny and oversight of how this is operated. I am...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: I accept that.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: That was then and I am not sure whether the late Jim Mitchell or Deputy Noonan introduced the current regime relating to the interception of telecommunications. However, it works well and there is no possibility of a Minister doing this off his or her own bat. A triple lock is in place because a security agency is required to make an independent request, which must then be considered by a...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: I will look at it again and do my best to accommodate some safeguard to deal with the genuine point raised by Senators Cummins and Tuffy.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: When I saw this amendment I had sympathy with the view expressed as the same question occurred to me. My Department considered this originally when the Bill was being drafted. The strong advice from the Attorney General and the Garda Síochána was to the effect that they did not want the proceeds of crime orders to be put into a criminal context. The reason for this is that the philosophical...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: I agree this proposal is of value. Section 24 of the Criminal Justice Act 1997 deals with the making of restraint orders. A number of the sections of that Act, as listed in section 84(a) of the Bill also deal with restraint orders. Section 84(a) deals with the relevant provisions in the 1994 Act by changing the name to "freezing order". The section to which the Senator refers deals with the...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: Section 42 differentiates between property that is money and property that is not money. Subsection (5) deals specifically with the confiscation co-operation order relating to a sum of money. It provides that such an order will act as a confiscation order requiring the person to pay the relevant sum of money. Subsection (6) is designed to cater for a confiscation co-operation order, with the...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: I think the Senator is trying to provoke me by using the phrase "constitutionally illiterate". I do not accept that the thought process behind subsection (8) falls into that category. Subsection (8) provides that a statement of evidence by a witness taken in accordance with the letter of request and certified by, or on behalf of, a court or tribunal, is admissible as evidence of any facts...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: This has been carefully examined. The phrase "without further proof" does not mean that it is unassailable. It simply means that there is no requirement to prove further the origins or authenticity of the evidence, apart from what is provided for in the section. With regard to amendments Nos. 32 and 33, it is correct that a judge should be satisfied that the section applies to a request from...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: This amendment requires other member states to serve documents in this country requiring persons to attend hearings in other member states within a reasonable time and not later than 14 days prior to the hearing. While I am sympathetic to the notion that people are given a decent amount of notice, I do not think it would be prudent or correct of us to impose rigid timescales on other member...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: I admit it is an odd-looking provision at first sight. The Parliamentary Counsel, however, regards it as important because it permits the courts to refuse to grant measures where they do not have jurisdiction, apart from this section, and where they think it would be inexpedient having regard to that matter to make the order in question. The provision has featured previously in other...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: The Minister can make mistakes.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: The amendment proposes to ensure any order made under the Criminal Justice Act 1994 prior to the commencement of section 84 is not nullified by amendments made under section 84. Under normal rules of construction, such a provision is not necessary as legislation is generally not retrospective and any order made lawfully under the Act prior to the commencement of the section cannot be altered...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: I have tabled the amendment on the advice of the Attorney General following recent judgments in two Supreme Court Cases, Browne v. Attorney General & anor and Kennedy v. Attorney General & anor. To date, there have been two domestic legal bases under which regulations have been made to give effect to the European Communities directives and regulations. These are regulations made under section...