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Written Answers — Tribunals of Inquiry: Tribunals of Inquiry (23 Jun 2005)

Michael McDowell: I have no proposals to seek the amendment of the terms of reference of the Morris tribunal at this time.

Written Answers — Garda Complaints Procedures: Garda Complaints Procedures (23 Jun 2005)

Michael McDowell: I welcome the publication of the 2004 annual report of the Garda Síochána Complaints Board. The report sets out the work of the board for the year and the progress made in a number of areas. I do not intend to go into detail on these as they are set out in the report itself and referred to in my press release of 14 June when I launched the report. That said, I note with satisfaction that...

Written Answers — Inquiries into Garda Activities: Inquiries into Garda Activities (23 Jun 2005)

Michael McDowell: I propose to take Questions Nos. 52 and 61 together. Mr Shane Murphy, SC, has agreed to conduct a review of the Garda Síochana papers relating to the making by the late Mr. Dean Lyons of false inculpatory statements in the course of the Garda investigation into the murders of Mary Callinan and Sylvia Shiels at Grangegorman on 6 and 7 March 1997. Mr Murphy's terms of reference are as follows:...

Written Answers — Human Rights Issues: Human Rights Issues (23 Jun 2005)

Michael McDowell: The signature by Ireland of the three conventions, namely: (i) the Council of Europe Convention on the Prevention of Terrorism [CETS 196]; (ii) the Council of Europe Convention on Action against Trafficking in Human Beings [CETS 197]; and (iii) the Council of Europe Convention on the Laundering, Search, Seizure and Confiscation of Proceeds from Crime and on the Financing of Terrorism [CETS...

Written Answers — Prisons Building Programme: Prisons Building Programme (23 Jun 2005)

Michael McDowell: I can inform the Deputy that a contract has been signed for the purchase of the site and that plans are being formulated at present regarding the prison development. These will be made available in conjunction with the statutory planning process. In accordance with the Department of Finance regulations, the Prison Service is currently preparing a business case regarding the development for...

Written Answers — Tribunals of Inquiry: Tribunals of Inquiry (23 Jun 2005)

Michael McDowell: Disciplinary issues in relation to members of the force below the rank of superintendent are matters for the Garda Commissioner. I am satisfied that the Commissioner will take whatever measures are appropriate in relation to members at those levels arising from the second report of the Morris tribunal.

Written Answers — Tribunals of Inquiry: Tribunals of Inquiry (23 Jun 2005)

Michael McDowell: I have made clear that an apology is due on behalf of the State to everyone who has been wronged by Garda misconduct in Donegal, and this of course includes the Gallagher family. The terms of the apologies will be settled as part of the resolution of the related civil actions currently before the courts.

Written Answers — Garda Reform: Garda Reform (23 Jun 2005)

Michael McDowell: Senator Maurice Hayes is the chairperson of the implementation advisory group which I established to facilitate the timely implementation of the Garda Síochána Bill. The terms of reference of the group are: to review preparations for the timely implementation of the Garda Síochána Bill, with particular reference to the (i) establishment of the Garda Síochána Ombudsman Commission, (ii)...

Written Answers — Human Rights Issues: Human Rights Issues (23 Jun 2005)

Michael McDowell: The World Organisation against Torture, OMCT, registered a complaint against Ireland and four other countries with the European Committee of Social Rights under Article 17, rights of children and young persons to social, legal and economic protection, of the Council of Europe Revised European Social Charter. The complaint was made under Article 3 of the additional protocol which allows...

Written Answers — Sexual Offences: Sexual Offences (23 Jun 2005)

Michael McDowell: I can inform the Deputy that the Sex Offender Act 2001 provides for separate legal representation for complainants in rape and other serious sexual assault trials where an application is made to the court in the course of the trial to adduce evidence or cross-examine on the subject of the complainant's past sexual history. When preparing this legislation the legal advice available to my...

Written Answers — Garda Investigations: Garda Investigations (23 Jun 2005)

Michael McDowell: I am informed by the Garda authorities that the Garda investigation remains ongoing. When the investigation is completed, a file will be submitted to the Director of Public Prosecutions. I am further informed that Garda personnel from the southern Garda region, Garda Bureau of Fraud Investigation and Criminal Assets Bureau are involved in the investigation, and liaison is also ongoing with...

Written Answers — Garda Investigations: Garda Investigations (23 Jun 2005)

Michael McDowell: I am informed by the Garda authorities that substantial progress is being made with the investigation into the crimes referred to by the Deputy, with searches being conducted by members of the Garda Síochána resulting in 26 persons being arrested and questioned. Firearm, drugs, cash and other property were seized during these searches. Two persons have been charged and are before the courts...

Written Answers — Human Rights Issues: Human Rights Issues (23 Jun 2005)

Michael McDowell: I am aware of the claims made in the Amnesty International report for 2005 but am firmly of the view that they are not well founded. I will address the position in respect of each of the categories of person referred to by the Deputy in turn. Beginning with the rights of people with disabilities, I believe the Government has demonstrated its commitment by developments over the past eight...

Written Answers — Prison Accommodation: Prison Accommodation (23 Jun 2005)

Michael McDowell: I have been advised that the Irish Prison Service steering committee which oversaw the development of the special cells referred to by the Deputy had access to all of the expertise considered necessary. Work on the installation of the new facilities is well under way.

Written Answers — Road Traffic Offences: Road Traffic Offences (23 Jun 2005)

Michael McDowell: I am informed by the Garda authorities that the IT system at the Garda fixed penalty office does not distinguish between foreign drivers, Irish drivers, foreign addresses and Irish addresses. Consequently, no data are available on the number of foreign drivers who have been issued with fixed charge notices or who have paid a fixed charge. Fixed charge notices are issued in all cases where an...

Written Answers — Road Safety: Road Safety (23 Jun 2005)

Michael McDowell: I am informed by the Garda authorities that the National Roads Authority, which falls within the area of responsibility of my colleague the Minister for Transport, is the agency responsible for recording statistics in relation to road traffic collisions, based on information provided by the Garda Síochána. The authority publishes these statistics in its annual road traffic facts reports....

Written Answers — Crime Levels: Crime Levels (23 Jun 2005)

Michael McDowell: I am informed by the Garda authorities that the number of murders in which firearms were used in respect of each year from 1998 to 22 June 2005 are as set out in the following table. I am informed by the Garda authorities that murders involving the use of firearms tend to have lower conviction rates than other murders. This is not unique to Ireland. The number of violent deaths — murder and...

Written Answers — National Drugs Strategy: National Drugs Strategy (23 Jun 2005)

Michael McDowell: The juvenile arrest referral scheme in Dublin's north inner city is currently a pilot initiative involving a partnership arrangement between the Health Services Executive, the Garda Síochána and the Dublin north inner city local drugs task force. Under this scheme, young people arrested for drugs offences, or offences believed to be related to drug misuse, in the Garda Dublin north central...

Written Answers — Paramilitary Activities: Paramilitary Activities (23 Jun 2005)

Michael McDowell: I am aware of the findings of the fifth report of the Independent Monitoring Commission with regard to the continuing activities of paramilitary groups, including recruitment, training and weapons acquisition. I also receive regular security briefings from the Garda authorities in respect of this and other matters. These security briefings fully confirm the findings of the Independent...

Written Answers — Asylum Applications: Asylum Applications (23 Jun 2005)

Michael McDowell: I presume the Deputy is referring to the State's obligations under the 1951 Geneva Convention relating to the status of refugees and to recent exchanges at the Select Committee on Justice, Equality, Defence and Women's Rights in the context of consideration by that committee of my Department's Estimates for 2005. The Deputy's question refers selectively to comments made during those...

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