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Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: Who would Deputies argue should appoint the panels? Would they like the NGOs to do so? We live in a constitutional world——

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: We live in a constitutional world where it is the duty of the Government to govern.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: The Government appoints the members of the Human Rights Commission and of the Judiciary, for example. I am satisfied that it should also appoint the panels from which independent outsiders will be asked to carry out these functions in regard to the Garda Síochána.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: It has been stated repeatedly that because the Garda Commissioner and the senior Garda ranks hold office from the Government, they are somehow politicised. This is totally false. The only sense in which it is true that superintendent or chief superintendents are appointed by the Government is that they are appointed at the end of a merit-based process and that the Government invariably...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: That has always happened in my experience both as Attorney General and as Minister for Justice, Equality and Law Reform. When people are promoted on that basis, the pertinent point about the fact that they hold office from the Government is that this gives them strength in their role in that they cannot be sidelined, pushed aside or demoted because they hold their commission, like Army...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: I should not give way on Report Stage.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: I accept that point. I am in total agreement on this.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: That is exactly the point I am making.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: I take the Deputy's point and make this point by way of reply. I agree the Department of Justice, Equality and Law Reform had become isolated and was effectively operating on trust and that——

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: May I finish?

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: I fully accept that point. If the Deputy looks at this Bill, for the first time the structures are there. The structures are being put in place for the right to require information and, in certain circumstances through the Secretary General of the Department, to require the production of documents.

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

Michael McDowell: I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that as of 21 June 2005 there were 86 juvenile liaison officers, JLO, gardaí and eight JLO sergeants working in the various divisions throughout the country. In addition to this the National Juvenile Office has a staff of one superintendent, two inspectors and two...

Written Answers — Claims against Gardaí: Claims against Gardaí (23 Jun 2005)

Michael McDowell: The information requested by the Deputy in relation to court awards and out of court settlements in actions taken against members of the Garda Síochána in respect of assault, unlawful arrest or other breaches of citizens' rights is set out in the following table. As of 31 December 2003, there were approximately 750 civil actions taken against members of the Garda Síochána on hand. A...

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

Michael McDowell: I refer to my response to Question No. 382 of Tuesday, 31 May 2005, which was also submitted by the Deputy. The persons concerned are a mother and her two sons who arrived in the State in October 2002 and claimed asylum. Following a full and fair examination of their case at every stage of the asylum process, their applications for refugee status were refused. After a further examination of...

Written Answers — Industrial Disputes: Industrial Disputes (23 Jun 2005)

Michael McDowell: I propose to take Questions Nos. 13 and 16 together. I draw the Deputies' attention to my detailed response to a similar question from Deputy Penrose which was taken on Tuesday, 17 May 2005. I indicated at that time that I had no intention of renegotiating the proposal for organisational change which had already been arbitrated upon by the Civil Service Arbitration Board as to do so would...

Written Answers — Anti-Social Behaviour: Anti-Social Behaviour (23 Jun 2005)

Michael McDowell: As I have previously indicated to the House, I intend to bring forward an amendment to the Criminal Justice Bill 2004 to provide for the introduction of anti-social behaviour orders. I am concerned at the extent to which the quality of life of decent law abiding citizens can be adversely affected by the anti-social behaviour of a minority. I am therefore proposing that the gardaí should be...

Written Answers — Judicial Conduct: Judicial Conduct (23 Jun 2005)

Michael McDowell: The Judicial Council Bill, the scheme of which is in development in my Department, will establish a judicial council with responsibility for a number of matters. Among these will be the devising of a code of ethics and the management of a process, to be set out in the Bill, for the investigation of complaints about judicial misbehaviour. An important feature of the disciplinary process will...

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

Michael McDowell: I propose to take Questions Nos. 17 and 19 together. I refer the Deputies to my statement in this House last Friday, 17 June when the House had an opportunity to debate the findings and recommendations of the first and second reports of the Morris tribunal. I set out in detail my response to the reports and my proposals for reform of the Garda Síochána arising from the findings and...

Written Answers — Appointments to State Boards: Appointments to State Boards (23 Jun 2005)

Michael McDowell: In July 2002, the then Minister of State, Deputy O'Dea, wrote to all Ministers requesting them to review the gender balance on the State boards and committees under the aegis of their Departments and to take measures to redress gender imbalances where the 40% target has not yet been reached. The Minister of State also advised Ministers that, to ensure progress, it was intended to bring a six...

Written Answers — Libel Laws: Libel Laws (23 Jun 2005)

Michael McDowell: I propose to take Questions Nos. 20 and 165 together. I refer the Deputies to my reply to Priority Question No. 4 of today's date.

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