Results 11,581-11,600 of 18,734 for speaker:Michael McDowell

Written Answers — Prison Accommodation: Prison Accommodation (5 Dec 2006)

Michael McDowell: I propose to take Questions Nos. 202 to 204, inclusive, together. In relation to the two storey building incorporating administration and visitors facilities at Loughan House the position is as follows. A number of modular accommodation units which were procured by the Office of Public Works in the context of the provision of asylum seeker accommodation and which were subsequently surplus to...

Written Answers — Visa Applications: Visa Applications (5 Dec 2006)

Michael McDowell: The persons in question were initially refused permission to travel to Ireland for a wedding. In the new circumstances, in the wake of the Tragedy to which the Deputy refers, they are entitled to appeal this decision and any such appeal will be fully and sympathetically examined by my Department.

Written Answers — Departmental Bodies: Departmental Bodies (5 Dec 2006)

Michael McDowell: I can inform the Deputy that the only State Board under the aegis of my Department where an upper age limit applies is the Private Security Authority Appeal Board. The Private Security Services Act 2004 Schedule 2, Part 1, provides that a member of the Appeal Board of the Private Security Authority must vacate office on attaining the age of 70 years. There are no plans to remove this upper...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: I took advice on this matter and was told the insertion of the words "at a material time" are not usual and that it is not practice to insert them. The Senator will be aware that, under the Interpretation Act, where something is repealed it does not have the effect of ending any proceedings taken under it unless a contrary intention appears. I am disinclined to accept the amendment unless...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: I do not intend to avail of the powers provided under this section as long as the prison service, through its own internal escort service, provides a reasonably economic means of transporting prisoners to and from other places. If a successor of mine were in a position where they had to do that due to an incapacity on the part of the prison service to provide that service, the question of...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: I indicated on the last occasion that I would consider all these matters and I have considered subsections (6) and (7) of section 6. They adequately cover this matter. They provide that my successors are expressly prohibited from issuing a certificate unless the person is of good character, is capable of performing the functions of a custody officer, has undergone such course of training...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: The level of protection envisaged by the Senator's amendments in primary statutory form is more demanding than that provided for in regard to prison officers. Prison officers are bound by prison rules and by the terms of their appointment. They are not set out in statutory form. I do not see why we should assume that somebody who will conduct transport functions should have a higher...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: It is my understanding that the Garda is informed of attempts to smuggle drugs into prison whenever the prison staff can identify the person who has made the attempt. When drugs are thrown in over walls, sometimes that cannot be done. In those circumstances, it would be wasteful of Garda time to involve it in something which is manifestly futile. I wish to advise the House that in the...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: This amendment makes it mandatory to set procedures in the prison rules. I do not want to accept it because if every procedure is set out in the rules, it could mean inflexibility is introduced into the whole inquiry procedure, which would militate against trying to make the system work. The term "may" is used in the legislation and of course there will be the outline of a procedure....

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: Is Senator Tuffy referring to the position regarding the UN?

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: On the question of psychologists, I will re-examine this matter before the Bill comes before the Dáil to ensure that psychological advice is included in "medical advice or treatment". If not, I will deal with it. The term would cover psychiatric advice. However in this context, a psychologist would normally be provided by the Prison Service and would not be covered by the sanction....

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: I propose to deal with amendments Nos. 16 to 23, inclusive, together as they relate to sanctions and appeals. Amendment No. 16 proposes that one of the sanctions that can be imposed by a prison governor on a prisoner for a breach of prison discipline is the forfeiture of some or all of the money credited or to be credited to the prisoner from public funds for work carried out in a prison,...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: It all depends. Tribunals can have a number of members or just one member. For instance, at present the Refugee Appeals Tribunal has one member. Other appellate bodies have a number of persons in them. The real point is that this is where a prisoner could be appealing, for instance, a forfeiture of a remission, which could be a quarter of the prisoner's sentence. If that were to happen,...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: If the prisoner were to behave in a manner that could potentially lead to the reinstatement of that two and a half years, it is important that the person who does the job of deciding whether that decision was fairly made can see around corners and can see that due process requires X and Y to happen in the conduct of the appeal. This is not small beer. If it were some kind of argument about...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: I would not be introducing this if I thought that it were not advisable under the European Convention on Human Rights to provide for such an appellate system. It is for that reason I want to do it. I ask Senator Cummins to consider the notion that I could stand up in public and state that a man or woman is about to lose a year's entitlement to liberty which has been determined by a prison...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: Amendments Nos. 24 to 26, inclusive, are technical. The reference in the section, as drafted, is to the "Prison Service" as an organisation. This is a drafting oversight as the Prison Service is not an identifiable legal person who can issue directions. The amendments clarify that reference to the "Prison Service" is to the director general of the Irish Prison Service, to whom certain...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: Overcrowding in prisons was much worse in the past than it is now. In so far as temporary release is an indication of overcrowding in prisons, in the mid-1990s between 15% and 20% of prisoners were on temporary release at any given time. This is no longer the case. I intend to continue to provide adequate prison space, not in the hope that it will be filled but in the confident expectation...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: On Committee Stage in this House Senator Henry proposed amendments to the effect that video-conferencing facilities in the Bill would also apply to persons in designated centres under the Criminal Law (Insanity) Act 2006. I indicated at the time that I had some considerable sympathy with the Senator's views and that I would examine the matter prior to Report Stage. I am now bringing forward...

Seanad: Prisons Bill 2006: Report Stage (Resumed) and Final Stage. (5 Dec 2006)

Michael McDowell: I accept the amendment.

Seanad: Prisons Bill 2006: Report Stage (Resumed) and Final Stage. (5 Dec 2006)

Michael McDowell: I will first deal with amendment No. 44. This would insert a provision to the effect that nothing in the section could be used to deny a prisoner medical treatment prescribed by a medical practitioner. At present under the rules, prisoners are provided with access to health care services on a basis equivalent to those in the community covered by the medical card system. Section 37 would...