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Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: It was probably in respect of the guillotine in that it would make the issue more certain.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: The term "book of evidence" is a term of lawyers and, as far as I know, is not used in any statute. Under the Criminal Procedure Act 1967, the statements of witnesses, a list of exhibits and the names and addresses of witnesses have always been called the book of evidence by lawyers. Notices of additional evidence were regarded as a separate item. Frequently, where the prosecution knew...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: Yes. I do not know if that would be a bridge too far for Irish jurisprudence——

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: It exists at the moment in the context of an alibi.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: "Alibi" has a technical meaning. An elaborate excuse for what otherwise looks like a crime is not covered by the concept of an alibi. It merely refers to physical presence at a place and other things are not covered by it. The courts will be fairly tough on somebody who pulls a rabbit out of the hat at the last moment. On the other hand, if the prosecution became aware that a whole new line...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: Yes. I do not claim to be an expert in Gaelic games but I understand there was a time when no amount of points equated to a goal. If a team scored one goal it would beat a team that had scored 18 points.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: That was changed at the turn of the century to a three-to-one ratio. This applies to the prosecution at the moment, unfortunately. If one thing goes wrong with its case on one occasion, it is finished, whereas the accused can have a catalogue of disasters such as bad witnesses——

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: Members are very witty tonight. In answer to Deputy Ó Snodaigh's point, at least on this occasion the Human Rights Commission was definite and did not think it was a good idea. In amnesia cases there is another argument. The Canadian Supreme Court addressed this without legislation. It stated that the Canadian view of constitutional justice allowed it to reverse the common law rule in this...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 52: In page 27, line 16, after "may" to insert ", with the leave of the court,".

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 54: In page 27, line 25, to delete "any fact mentioned in it" and substitute "the fact concerned".

Written Answers — Criminal Prosecutions: Criminal Prosecutions (27 Jun 2006)

Michael McDowell: I regret that it has not been possible in the time available to obtain the information requested by the Deputy. I will be in touch with the Deputy in relation to this matter when it becomes available.

Written Answers — Garda Equipment: Garda Equipment (27 Jun 2006)

Michael McDowell: I propose to take Questions Nos. 427 to 430, inclusive, and 474 together. I am informed by the Garda authorities that in 2005 a total amount of €14,283,000 was collected through the Garda Vote for offences committed under the Road Traffic Acts. This covers all offences under the Road Traffic Acts for which fines were collected. It is not possible to state precisely the exact amount...

Written Answers — Prison Drug Treatment Services: Prison Drug Treatment Services (27 Jun 2006)

Michael McDowell: I propose to take Questions Nos. 431, 432 and 477 together. The new Irish Prison Service Drugs Policy and Strategy, entitled Keeping Drugs Out of Prisons, was launched on 2 May last. This new policy fulfils the commitment in the Programme for Government to publish a plan to end all heroin use in Irish prisons as well as my own commitment to achieving a drug-free prison system. Working to...

Written Answers — Residency Applications: Residency Applications (27 Jun 2006)

Michael McDowell: An application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in April 2005. Applications are dealt with in chronological order and officials in my Department have recently corresponded with the person in question in order to further process the application for residency. The case is currently under active consideration. A...

Written Answers — Garda Recruitment: Garda Recruitment (27 Jun 2006)

Michael McDowell: The Agreed Programme for Government between Fianna Fáil and the Progressive Democrats states "we will complete the current expansion of the Garda Síochána and increase recruitment so that the numbers will increase by a further 2,000." I have been informed by the Garda authorities that the personnel strength of An Garda Síochána increased to a record 12,641 (all ranks) on Thursday 8 June...

Written Answers — Drug Seizures: Drug Seizures (27 Jun 2006)

Michael McDowell: I propose to take Questions Nos. 435 to 438, inclusive, together. It has not been possible, within the timeframe available, to collate the information required by the Deputy. I will contact the Deputy directly when the information is to hand.

Written Answers — Drug Seizures: Drug Seizures (27 Jun 2006)

Michael McDowell: I propose to take Questions Nos. 439 to 442, inclusive, together. It has not been possible, within the timeframe available, to collate the information required by the Deputy. I will contact the Deputy directly when the information is to hand.

Written Answers — Deportation Orders: Deportation Orders (27 Jun 2006)

Michael McDowell: A Deportation Order was made in respect of the applicant to whom the Deputy refers on 12 May, 2006. He was notified of this by registered letter dated 23 May, 2006. The applicant instituted Judicial Review proceedings on 6 June, 2006 challenging the Deportation Order. These proceedings are on-going and, accordingly, as the matter is sub-judice it would not be appropriate to comment further at...

Written Answers — Road Traffic Offences: Road Traffic Offences (27 Jun 2006)

Michael McDowell: Penalty points are entered on a person's driving licence record 28 days from the appropriate date, which is the date that notification is sent to the licence holder of endorsement of penalty points. I am informed by the Garda authorities that in the case referred to by the Deputy the speeding detection was made on 26 January, 2006. Payment was received in Wexford Garda station on 1 February,...

Written Answers — Deportation Orders: Deportation Orders (27 Jun 2006)

Michael McDowell: The person concerned arrived in the State on 9 January 2000 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. The person concerned was informed by letter dated 22 August 2005 that the Minister proposed to make a Deportation Order in respect of him and...

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