Results 11,361-11,380 of 18,734 for speaker:Michael McDowell

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I accept amendments Nos. 53 and 54. I am not satisfied that I should accept amendment No. 48.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: This provision does not cover a designated centre. That would require different legislation. There are court houses beside Castlerea and Clover Hill and Wheatfield. I intend to put a court beside Thornton Hall because it makes sense for the reason that Senator Cummins mentions. Likewise I intend to examine the possibility of putting a Garda station near the major prison developments in...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: Regarding the attractiveness of buildings, there must be a trade-off between solidity and durability and architectural appeal. Some aspects of Kilmainham Gaol are attractive such as the screen walls on the front. Likewise, Mountjoy Prison has some attractive architectural features, some of which may well be preserved. It is true that modern prison buildings are generally less interesting...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: The Seanad is such a nice place compared with the Dáil. Here, it is suggested to me to take a trip to Italy, etc., while in the other House one is asked whether all one's trips are necessary.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I agree with what Senator Tuffy said about the women's prison — the Dóchas Centre. The pity about it is that it was designed by optimists who did not make it big enough. The prison is already overcrowded.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: People are sleeping in portions of the building that were not originally designed as sleeping accommodation.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: That is a sad fact. To return to Senator Cummins's point, unfortunately, that prison is vulnerable to drugs being smuggled into it. It is no exception to the rest of the Mountjoy complex in this respect. Drugs can be catapulted over the wall. There have been incidents of drugs being intruded into the prison in that way. Senator Cummins asked me whether there are drugs in prisons. There...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: These three amendments relate to section 27. They deal with the question of acts done pursuant to Part 4 of the Bill. The amendments to this section are intended to ensure clarity. Amendment No. 50 removes the phrase "order made" from those acts of which the validity may be questioned. The reason for this is to simplify the provision as its inclusion was repetitive. For an order to be...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I fully appreciate the intention of this amendment which is to recognise the independence and hard work the current inspector has carried out. It is not usual, in respect of a statutory officer, to provide in law that a non-statutory officer shall be the first statutory officer. This is a matter to be decided when the term of the current incumbent comes to an end. I am not in a position to...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: No, it does not mean that. To be appointed, one has to be appointed under the terms of the Act. The present incumbent, Mr. Justice Dermot Kinlen, is a non-statutory inspector whose term of office is due to expire in April 2007. It would not be proper for me to provide in legislation that somebody whose office is still ongoing will be automatically appointed by whoever is Minister for...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: If it is of interest to the Senator I propose to examine it before Report Stage.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: These Houses are free to discuss what they wish. As long as reports are made public it is up to the Members of this and the other House and the separate committees of the Houses to decide what they will discuss. In this new age of transparency, a vast amount of reports are submitted to the Houses of the Oireachtas, including reports on the conditions of nursing homes, and reports on the...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I should have stated earlier that if I were to require that it be a function of the inspector to examine individual complaints, he would be inundated with complaints, he would do little more than act as a one-man prison visiting committee and his office would not function. The report required is systemic in nature and the inspector will have the right to examine the conditions of individuals...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I want to examine this issue. The Senator will be aware that there is a misprint in the amendment, which refers to the "Criminal Law (Insanity) Act 2003". The Act was not passed until this year, so it should read "Criminal Law (Insanity) Act 2006". However, her suggestion that this matter be considered is not bad and between now and Report Stage I will consider whether power should be...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I am accepting amendment No. 65. It is a worthwhile suggestion that it should be an ordinary event that a notice should be served on the relevant people. Supposing, however, for some reason this not done and there was no prejudice to the prisoner. In such circumstances, a degree of flexibility would be required. If a person in the court office forgot to send the notice to a prisoner and...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I will examine the matter. There may be some force in the Senator's argument.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: This amendment is intended to clarify the provision. As it stands, the section lists those applications in respect of which the video link facility can be used. It goes on to specify that it can be used in any other application, appeal proceedings or subsequent proceedings. The word "other", as it appears in the relevant subsection, is meaningless. To state that a video link can be used...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: It is stated "diets" would be grammatically incorrect but I think it is correct. I concur with both Senators and I accept their amendments.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: This is tabled on the advice of the Attorney General. The amendment provides a statutory basis for the entry to a prison of members of the Garda Síochána so that they can carry out their duties. While nothing in law prevents gardaí from so doing and they already enter prisons, say, to identify a suspect, the view of the Attorney General is it would be beneficial to include a specific...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: Section 19 of the Criminal Justice (Miscellaneous Provisions) Act 1997 contains a rule making provision for prisons. Section 19(8) provides that any rules under previous provisions of Acts, parts of which have been repealed, still stand. This was included when the 1947 rules were made and there were older provisions. While the Bill will provide for new prison rules to be made, the old...