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Written Answers — Constitutional Amendments: Constitutional Amendments (30 Mar 2004)

Michael McDowell: I propose to take Questions Nos. 447, 453 and 454 together. The programme for Government contained a commitment to initiate all-party discussions on the issue of constitutional or other measures which might be required to address the question of applications from non-nationals to remain in the State on the basis of parentage of an Irish-born child. In pursuance of that commitment, I initiated...

Written Answers — Ministerial Meetings: Ministerial Meetings (30 Mar 2004)

Michael McDowell: I have met variously with the chair, members of the board and the chief executive of the Equality Authority on four occasions: 26 June 2002, 27 January 2003, 6 March 2003 and 19 September 2003. I have also met the chief executive officer at a number of other events, most recently at an equality conference in Dublin earlier this month.

Written Answers — Ministerial Meetings: Ministerial Meetings (30 Mar 2004)

Michael McDowell: Since assuming office I have met the Human Rights Commission on two occasions, on 21 October 2002 and on 8 March, this year. I have also met the president of the IHRC informally on a number of occasions over this period.

Written Answers — Ministerial Meetings: Ministerial Meetings (30 Mar 2004)

Michael McDowell: I have met the NCCRI on two occasions, 2 September 2002 and 3 February 2004. In addition, I participated in a conference on migration policy organised by the NCCRI on 10 December 2002.

Written Answers — Ministerial Meetings: Ministerial Meetings (30 Mar 2004)

Michael McDowell: With respect to the first part of the Deputy's question, in the limited time available it has not been possible to compile the information sought. However, I will correspond with the Deputy in this regard in due course. The meetings I have had with organisations and individuals who represent or are representative of the views of the ethnic communities here are outlined in the table below. ...

Written Answers — Garda Deployment: Garda Deployment (30 Mar 2004)

Michael McDowell: I am informed by the Garda authorities that there have been no burglaries reported to the gardaí in the area in question over the last 12 months. However, I am further informed that there have been six criminal damage incidents in the area for the same period which have occurred in the nearby national school. I understand that the area receives regular attention from both the community...

Written Answers — Visa Applications: Visa Applications (30 Mar 2004)

Michael McDowell: The person in question, a 21 year old female, applied for a visit visa for herself and her six year old son in February 2004. The application was refused because it had not been established, on the basis of the documentation supplied to my Department, that the applicant would observe the conditions of the visa. In particular, it was felt that the applicant had not displayed sufficient...

Written Answers — Road Traffic Accidents: Road Traffic Accidents (30 Mar 2004)

Michael McDowell: The Garda authorities have informed me that two fatalities were recorded involving off-road dumpers on public roads from 2001 to March 2004. The first of these occurred in the Waterford-Kilkenny division in November 2001. The second fatality was in the Louth-Meath division in January 2003.

Written Answers — Deportation Orders: Deportation Orders (30 Mar 2004)

Michael McDowell: The persons referred to in the question entered the State separately in 2000 and made applications for asylum independently of each other. They were refused refugee status in the State following consideration of their cases by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal. Notifications under section 3(3)(a) of the Immigration Act 1999...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: The definitions of various kinds of security service in section 2, for example, door supervisor, security guard and the like, are confined to those who provide the service for remuneration. That term was specifically included in the definition in order to exempt from the licensing requirement volunteers who might be helping out with security duties at a local show or festival, or perhaps...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: I can undertake to the Senator that, in addition to my views, I will draw to the attention of the authority the views of the House. It would be wrong to allow people to operate these services while consuming alcohol and doubly wrong for a person for whom such a service is being provided to give alcohol to security staff.

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: The Government's policy is that at least 40% of State board members should be women and at least 40% should be men. There is no disagreement on that issue in terms of policy. The question we need to ask is if the present policy of the Government should be incorporated in rigid formula in any particular statute. In this case, we are dealing with a small authority of ten members plus a staff...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: The section deals with an important function of the proposed authority, that is, investigation of security services on its own initiative. Subsection (4) of the Bill provides that if a person does not comply or comply fully with the request by the authority, the authority may apply to the District Court for an order requiring compliance by the person concerned within a specified period....

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: The existing wording of section 16(5) is sufficient when it states that the authority shall give to the Minister such other information regarding performance as he or she may from time to time require. That is a broad and unqualified right that includes information for the purpose of debate and answering parliamentary questions. There are certain functions when the statute provides that the...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: This matter was debated at length in the Dáil. The Freedom of Information Act provides for the extension of the Act to various bodies and states that it is a matter for the Minister for Finance, who is charged by law with this function. A decision on the application of the Act will have to be taken in accordance with normal procedures and I see no reason to depart from established procedures...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: Section 21 already makes extensive provision for the supply of information on an applicant's character, competence and financial situation and the verification by affidavit or otherwise of such information. A Garda certificate can also be demanded under section 21(3), while under section 34 the gardaí may be requested by the authority to supply further information. Where a licence is...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: I think the word "may" is preferable to the word "shall". I am sure the authority will demand a Garda certificate wherever it considers it appropriate and reasonable to do so. To require a Garda certificate in respect of each and every renewal would be excessive. As this industry is unregulated, we crudely estimate, taking account of part-time and full-time employees, that some 15,000 people...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: Section 2 defines a director as including any person occupying the position of director, by whatever name called, any person who effectively directs or has a material influence over the business of the body corporate, any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act, unless the directors are accustomed so to act only on...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: I have not changed my mind since the earlier debate in this House on the subject. The position in respect of the involvement of gardaí and members of the Defence Forces in providing security services is as follows. In regard to the Garda, any such off-duty activity is already prohibited. Garda Síochána discipline regulations define prohibited spare time activity as including, among other...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: We now have a European Convention on Human Rights law which requires every State agency to carry out its activities in a manner compatible with the convention. However, before there ever was a European Convention on Human Rights, there was an obligation under Irish law for everyone to comply with the constitutional values and for every organ of the State to discharge its functions in a manner...

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