Results 7,781-7,800 of 18,729 for speaker:Michael McDowell

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: I think the Senator is trying to provoke me by using the phrase "constitutionally illiterate". I do not accept that the thought process behind subsection (8) falls into that category. Subsection (8) provides that a statement of evidence by a witness taken in accordance with the letter of request and certified by, or on behalf of, a court or tribunal, is admissible as evidence of any facts...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: This has been carefully examined. The phrase "without further proof" does not mean that it is unassailable. It simply means that there is no requirement to prove further the origins or authenticity of the evidence, apart from what is provided for in the section. With regard to amendments Nos. 32 and 33, it is correct that a judge should be satisfied that the section applies to a request from...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: This amendment requires other member states to serve documents in this country requiring persons to attend hearings in other member states within a reasonable time and not later than 14 days prior to the hearing. While I am sympathetic to the notion that people are given a decent amount of notice, I do not think it would be prudent or correct of us to impose rigid timescales on other member...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: I admit it is an odd-looking provision at first sight. The Parliamentary Counsel, however, regards it as important because it permits the courts to refuse to grant measures where they do not have jurisdiction, apart from this section, and where they think it would be inexpedient having regard to that matter to make the order in question. The provision has featured previously in other...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: The Minister can make mistakes.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: The amendment proposes to ensure any order made under the Criminal Justice Act 1994 prior to the commencement of section 84 is not nullified by amendments made under section 84. Under normal rules of construction, such a provision is not necessary as legislation is generally not retrospective and any order made lawfully under the Act prior to the commencement of the section cannot be altered...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: I have tabled the amendment on the advice of the Attorney General following recent judgments in two Supreme Court Cases, Browne v. Attorney General & anor and Kennedy v. Attorney General & anor. To date, there have been two domestic legal bases under which regulations have been made to give effect to the European Communities directives and regulations. These are regulations made under section...

Seanad: Missing Persons. (30 Mar 2006)

Michael McDowell: I thank Senator Norris for raising this matter. I assure him that I share his concern, and that of many members of the public, about missing persons. The national missing persons helpline was established in October 2002, shortly after I came into office. Initially, funding of €65,000, to include set up costs, was provided by my Department to establish the helpline, to be operated and...

Seanad: Missing Persons. (30 Mar 2006)

Michael McDowell: I did not suggest it.

Seanad: Schools Building Projects. (30 Mar 2006)

Michael McDowell: On behalf of the Minister for Education and Science, Deputy Hanafin, I thank Senator Bradford for raising this matter as it affords me the opportunity to outline to the Seanad the strategy of the Department of Education and Science on capital investment in education projects, and the position regarding the development of education provision in the Presentation secondary school, Mitchelstown....

Written Answers — Asylum Applications: Asylum Applications (4 Apr 2006)

Michael McDowell: I contend that all categories of persons in the asylum system, including so-called aged-out minors, have their asylum applications or applications for permission to remain temporarily in the State dealt with in a fair, comprehensive and humane manner. All persons, including minors and aged-out minors, who, having failed the asylum process and apply to remain temporarily in the State, are...

Written Answers — Residency Permits: Residency Permits (4 Apr 2006)

Michael McDowell: The person concerned arrived in the State on 6 May 2000 and applied for asylum. His application was refused following consideration of his case by asylum division and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 17 January 2002, that the Minister proposed to make a deportation...

Written Answers — Citizenship Applications: Citizenship Applications (4 Apr 2006)

Michael McDowell: A declaration of Irish citizenship as post-nuptial citizenship on foot of her marriage to an Irish citizen was lodged in the citizenship section of my Department by the person in question on 12 January 2005. The declaration was examined recently and was deemed to be in order. A letter informing the person in question of this and requesting the statutory fee is due to be issued in the coming...

Written Answers — Inquiries into Garda Activities: Inquiries into Garda Activities (4 Apr 2006)

Michael McDowell: I propose to take Questions Nos. 403 and 453 together. I refer the Deputy to my response to Question No. 566 of 6 July 2004. The position remains unchanged.

Written Answers — Garda Strength: Garda Strength (4 Apr 2006)

Michael McDowell: I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that the personnel strengths, of all ranks, of the Garda Síochána as at 31 December 1997 and 20 March 2006 were 10,702 and 12,445, respectively. This represents an increase of 1,743, or 16.3%, in the personnel strength of the Garda Síochána during that...

Written Answers — Visa Applications: Visa Applications (4 Apr 2006)

Michael McDowell: Visa approval was granted in respect of an application made by the person in question in April 2005. I understand that the visa was not availed of due to a delay in its issue. As the visa has now expired it will be necessary for the person in question to make a fresh application. Given the circumstances of this case, I have arranged for waiver of the fee in respect of such application. There...

Written Answers — Garda Equipment: Garda Equipment (4 Apr 2006)

Michael McDowell: The procurement of a managed digital radio service is well advanced by the CMOD division of the Department of Finance, which is undertaking the procurement on behalf of all public security and emergency services, including the Garda Síochána, and some non-commercial public bodies. In this regard, the first stage of a restricted EU-based tender procedure has been completed. While the exact...

Written Answers — Garda Equipment: Garda Equipment (4 Apr 2006)

Michael McDowell: I am informed by the Garda authorities that having reviewed the public access callbox units commonly referred to as the "green man" units, which are installed in sub-district stations, they have concluded that such units are becoming increasingly obsolete as spare parts have become difficult to obtain. I am further advised that plans for replacement of faulty units with latest technology have...

Written Answers — Garda Strength: Garda Strength (4 Apr 2006)

Michael McDowell: I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that the personnel strengths, of all ranks, of the Garda Síochána as at 31 December 1997 and 20 March 2006 were 10,702 and 12,445, respectively. This represents an increase of 1,743, or 16.3%, in the personnel strength of the Garda Síochána during that...

Written Answers — Proposed Legislation: Proposed Legislation (4 Apr 2006)

Michael McDowell: Under Irish law, gaming and gambling is illegal, except where it is specifically permitted under the 1956 Gaming and Lotteries Act. Certain gaming activities, such as those carried out in casinos, are prohibited. There are no provisions under current legislation for the registration of casinos in this country. However, a number of private clubs offering casino facilities are under...