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Written Answers — Child Care Services: Child Care Services (15 Feb 2005)

Michael McDowell: The group was awarded staffing grant aid of €195,000 over three years in June 2003 under the equal opportunities child care programme 2000-2006. The group submitted an application for capital grant assistance under the programme to my Department some time ago. The programme is a seven-year development programme which aims to increase the availability and quality of child care to support...

Written Answers — Garda Operations: Garda Operations (15 Feb 2005)

Michael McDowell: The Garda corporate strategy and annual policing plans outline the objectives of the force. The annual policing plan details policing policy for the year setting measurable performance indicators. The progress made towards achieving this level of performance is subsequently contained in the annual report. The Garda Síochána Bill, which is before Dáil Éireann, will comprehensively...

Written Answers — Human Rights Issues: Human Rights Issues (15 Feb 2005)

Michael McDowell: I note that section 9 of the Northern Ireland Act 1998 deals with the making of statements by Ministers in charge of Bills to the effect that such Bills are within the legislative competence of the Northern Ireland Assembly. Perhaps what the Deputy has in mind is section 19 of the UK Human Rights Act 1998. It provides for the making of written statements by Ministers before the Second Reading...

Written Answers — Garda Remuneration: Garda Remuneration (15 Feb 2005)

Michael McDowell: The Garda reward fund was set up by the Garda Reward Fund Regulations 1925 in accordance with the provisions of section 18 of the Garda Síochána Act 1925. The fund's sources of income are: fines imposed for disciplinary reasons on any member of the Garda Síochána; fines, penalties or damages granted on foot of summary conviction by the courts to members of the Garda Síochána; fines...

Written Answers — Criminal Prosecutions: Criminal Prosecutions (15 Feb 2005)

Michael McDowell: The Deputy asks several questions related to a pending prosecution in the United Kingdom arising from the discovery of a woman's body in Dublin in 2003. The Deputy will be aware that as Minister for Justice, Equality and Law Reform, I have no function in regard to prosecutions taken in the United Kingdom and therefore cannot comment on the circumstances which led to the prosecution being...

Written Answers — Deportation Orders: Deportation Orders (15 Feb 2005)

Michael McDowell: The person concerned arrived in the State on 3 October 1998 and claimed asylum. His application was refused by the Office of the Refugee Applications Commissioner and he was notified of this recommendation by letter of 8 March 2001. His subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and he was notified of this recommendation by letter of 12 October 2001. He was...

Written Answers — Criminal Record Vetting: Criminal Record Vetting (15 Feb 2005)

Michael McDowell: The Garda central vetting unit carries out criminal record vetting in respect of prospective full-time employees working primarily in the health care area and in certain designated agencies funded by the Health Service Executive, previously health boards. It is established practice that agencies in receipt of such funding forward their applications to the unit via the Health Service...

Written Answers — Citizenship Applications: Citizenship Applications (15 Feb 2005)

Michael McDowell: There is no record of an application for naturalisation having been received from the person to whom the Deputy refers.

Written Answers — Juvenile Offenders: Juvenile Offenders (15 Feb 2005)

Michael McDowell: The Deputy refers to two incidents which occurred in August and September 2004. Following the first incident, proceedings were brought against another person by the Garda and a witness summons was served on the person to whom the Deputy refers. The person was instructed by the court to hand over a medical card and passport belonging to the accused to the gardaí but failed to do so. Following...

Sexual Offences. (16 Feb 2005)

Michael McDowell: The recently published provisional headline crime statistics for 2004 show that sexual offences generally decreased by 17%, or 329 cases, compared with 2003. I am glad to note a decrease of 28%, or 403 cases, in sexual assault. I am of course concerned to note an increase in the number of cases of rape of a female and rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990. I...

Sexual Offences. (16 Feb 2005)

Michael McDowell: I agree with the Deputy that those figures pose very serious cause for concern. In the equation resulting in such a low rate of trials and convictions in rape cases there are several variables, one of which is the rate of reporting. However, we are dealing here with the difference between reported cases and outcomes. The Deputy should know that in preparing my response to his question, I...

Sexual Offences. (16 Feb 2005)

Michael McDowell: ——or whether the case in question will end up as a "he did, he did not" type of case. The other point that I would accept is that, psychologically, there may be a significant withdrawal rate among complainants. People may say they are no longer interested in pursuing the matter——

Sexual Offences. (16 Feb 2005)

Michael McDowell: ——and in that context it may be, and I believe this is what the Deputy is driving at, that anticipation of an adversarial trial in unsympathetic circumstances may cause many women, in particular those who have been the subject of rape offences, to abandon their claims. That is something we would have to study carefully to determine the counter-measures we could take to ensure that factor...

Sexual Offences. (16 Feb 2005)

Michael McDowell: I take it seriously and I accept that of the 47 cases prosecuted, 27 cases resulted in conviction. That is a fairly high conviction rate. The question, however, is what happened to the 400 cases in which there was no——

Sexual Offences. (16 Feb 2005)

Michael McDowell: Yes. I am not in a position, without putting myself in the DPP's chair, to inform the Deputy of the reason those cases did not go ahead. Obviously, in some cases, the alleged victim says she does not want to proceed with it. In other cases, presumably, the DPP says he is not satisfied with the evidence available to him. I do not know whether issues such as intoxication or absence of...

Prison Building Programme. (16 Feb 2005)

Michael McDowell: The Deputy has raised a number of issues in his question and in the time available I will try to respond briefly to them all. At the start of 2004, I announced my intention to replace the facilities in the Mountjoy Prison complex with a new prison facility on a greenfield site in the greater Dublin area. I am determined to improve facilities for prisoners and to do away with the practice of...

Prison Building Programme. (16 Feb 2005)

Michael McDowell: I will deal with the questions in the order the Deputy raised them. First, regarding the number of prison spaces, it was necessary in the lifetime of my predecessor as Minister for Justice, Equality and Law Reform for a major expansion of the prison service. That was due to the fact that, prior to his coming into office in 1997, there was a revolving door syndrome which was causing the prison...

Prison Building Programme. (16 Feb 2005)

Michael McDowell: The Deputy asked about three prisons being closed. He is referring to Shanganagh Castle, in which a small group of youth offenders were detained and which was not a success as an institution——

Prison Building Programme. (16 Feb 2005)

Michael McDowell: —— and Spike Island and the Curragh, both of which were mothballed due to the impasse over prison officers' overtime. The Prison Officers Association will conduct a ballot on the overtime issue in the near future and it is my intention to reactivate those prisons as soon as the issue is resolved. The Deputy then inquired about the procedures of the committee that was put in place. The...

Prison Building Programme. (16 Feb 2005)

Michael McDowell: I did not change the committee's criteria.

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