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Criminal Justice Bill 2004: Second Stage (Resumed). (17 Feb 2005)

Joe Costello: Perhaps the Minister would wait for Committee Stage. It is my entitlement to say a few words. The provision in section 29 is a devilishly clever abuse of the system, which will no doubt accumulate great wealth and riches for the Exchequer. One of the more bizarre and unusual of the miscellaneous provisions in the Bill is in section 30, which relates to the secure accommodation of firearms....

Criminal Justice Bill 2004: Second Stage (Resumed). (17 Feb 2005)

Joe Costello: The vast majority are not.

Criminal Justice Bill 2004: Second Stage (Resumed). (17 Feb 2005)

Joe Costello: It would be an interesting debate if the Minister provided the figures on the matter. Weaponry is obtained on the Internet and is imported from the Continent in drug consignments, of which the Minister is well aware. It is also traded by Northern Ireland's more or less redundant paramilitaries from both sides, loyalist and republican, who are also bringing some of their weaponry into this...

Written Answers — Abbey Theatre: Abbey Theatre (17 Feb 2005)

Joe Costello: Question 19: To ask the Minister for Arts, Sport and Tourism if he has had any meetings with the new director designate of the Abbey Theatre to discuss the future of the national theatre; and if he will make a statement on the matter. [5322/05]

Written Answers — Abbey Theatre: Abbey Theatre (17 Feb 2005)

Joe Costello: Question 34: To ask the Minister for Arts, Sport and Tourism when he will make a decision on the re-location of the Abbey Theatre; if he will report on the sites now being considered; and if he will make a statement on the matter. [5323/05]

Written Answers — Medical Cards: Medical Cards (22 Feb 2005)

Joe Costello: Question 119: To ask the Tánaiste and Minister for Health and Children the reason a person (details supplied) in Dublin 9 has not been granted the medical card; and if she will make a statement on the matter. [5743/05]

Written Answers — Tribunals of Inquiry: Tribunals of Inquiry (22 Feb 2005)

Joe Costello: Question 304: To ask the Minister for Justice, Equality and Law Reform if the Government has accepted all the recommendations (details supplied) made in the first report of the Morris tribunal; the progress made to date in implementing these recommendations; and if he will make a statement on the matter. [5682/05]

Written Answers — Tribunals of Inquiry: Tribunals of Inquiry (22 Feb 2005)

Joe Costello: Question 319: To ask the Minister for Justice, Equality and Law Reform if the Government has accepted all the recommendations made in the first report of the Morris tribunal, including the need for a more proactive role for Garda headquarters in the management of Garda divisions; the need for improved recording and reporting of incidents; the restoration of the practice of members of...

Written Answers — Prisoner Releases: Prisoner Releases (22 Feb 2005)

Joe Costello: Question 309: To ask the Minister for Justice, Equality and Law Reform when he proposes to release a person (details supplied); and if he will make a statement on the matter. [5738/05]

Written Answers — Irish Prison Service: Irish Prison Service (22 Feb 2005)

Joe Costello: Question 310: To ask the Minister for Justice, Equality and Law Reform the number of persons who visited Mountjoy Prison in 2004; the number of prisoners admitted to Mountjoy in 2004; the number of prisoners released from Mountjoy in 2004; the number of prisoners transferred from Mountjoy in 2004; the number of prisoners taken out of the prison for emergency services such as hospital care in...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: This amendment gives rise to considerable concerns, already voiced on the Criminal Justice Bill 2004. The Minister for Justice, Equality and Law Reform justifies the establishment of a second Special Criminal Court on the basis that justice delayed is justice denied. Previous rulings on granting bail could be overturned if there was an inordinate delay in the provision of justice and a trial...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: The Special Criminal Court will deal with many of these offences. Offences relating to firearms and other weapons are outlined in the Schedule, with reference to the Firearms Act 1925. Section 30 of that Act, dealing with the accommodation of firearms, requires amendment rather than the Criminal Justice Bill 2004. I say that jocosely, but having seen a presentation on the matter, the 1925 Act...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: What about scheduled offences?

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: I meant to compliment the Minister on the safeguards he included, particularly in regard to the Attorney General and the change in the definition. However, we have some problems with the proposal. If there was a review mechanism in the legislation, or something to say a second Special Criminal Court was established for a particular reason and that it will be done away with once that reason is...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: I understand a transfer will take place only if there is a backlog in one court and a case needs to be listed in the other court. I refer to subsection (7). The decision of a Special Criminal Court to transfer a trial is primarily unappealable. If one of the two Special Criminal Courts decides to transfer a case to the other one, the other court has no choice but to accept. It cannot appeal...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: Will the Minister answer my point about the second Special Criminal Court? Surely it would make sense to have a proper listing giving a balance between the two courts. The power is given in this legislation exclusively to a court to transfer to another court. The power is not given to that court to have any say in the matter, regardless of how unfair it might be or what its workload might be.

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: The Minister's response does not explain the matter. While I do not want to labour the point, the first court can transfer a case if it decides it would be in the interests of justice. However, the first court will be the only court consulted on the matter. How will the first court decide? Will it play tick-tack with the second court? Nothing in the Bill allows it to do so. Only the first...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: I am just trying to be helpful.

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: This is a fairly far-reaching measure and I understand the Minister's reasons for introducing it and particularly for ensuring that it is not abused. As we know, existing powers allow for interception, collection and the use of telecommunications data and other forms of data. However, a broader range of powers is being provided for and there seem to be very few safeguards. Section 61(1)...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Joe Costello: The Minister has gone some distance to allay some of our fears on the matter. In the context of the annual report from the judge which, in the first instance, is given to the Taoiseach, what about an annual report on the complaints mechanism, that is, the referee established in section 59? Is there a similar requirement for that person to provide an annual report to the Taoiseach? Section 7...

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