Results 1,201-1,220 of 18,726 for speaker:Michael McDowell

Written Answers — Refugee Status: Refugee Status (17 Jun 2004)

Michael McDowell: The person referred to in the question was refused refugee status in the State following consideration of his case by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal. A notification under section 3(3)(a) of the Immigration Act 1999 issued to the person on 10 March 2004 in which he was advised that the Minister had decided to refuse him a...

Written Answers — Visa Applications: Visa Applications (17 Jun 2004)

Michael McDowell: The person in question, the mother of a person employed in the State, made a visa application in December 2003 to enable her visit her daughter here. The application was refused because it was not 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 considered that the applicant had not...

Written Answers — Immigration Policy: Immigration Policy (17 Jun 2004)

Michael McDowell: The Government's policy on immigration is to facilitate the orderly migration of non-nationals to the State for a purpose and in a manner which is consistent with the needs of our economy, the security and authority of the State itself, the general welfare of our citizens and respect for the rights of immigrants. The Government's view also is that Ireland must, as a fundamental expression of...

Written Answers — Legal Costs: Legal Costs (17 Jun 2004)

Michael McDowell: The policy of the Government in this area generally is reflected in the provisions of the Courts and Court Officers Act 2002, the Personal Injuries Assessment Board Act 2003 and the Civil Liability and Courts Bill 2004. I have indicated my intention to establish a group to examine the matter of the taxation of costs. Moreover, the Competition Authority, as part of its study of regulatory...

Written Answers — Garda Retirement: Garda Retirement (17 Jun 2004)

Michael McDowell: I currently have no plans to increase the retirement age for gardaí, sergeants, inspectors, superintendents and chief superintendents who were recruited to the force prior to 1 April 2004. The changes in the retirement age for members of the Garda Síochána, outlined in the Public Service Superannuation (Miscellaneous Provisions) Act 2004, will apply only to new entrants who are recruited...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003 [Seanad Bill amended by the Dáil]: Report and Final Stages. (23 Jun 2004)

Michael McDowell: I am grateful to the Acting Chairman for circulating the amendment made by Dáil Éireann in this matter. I come before the House today to seek approval of a Government amendment to section 5(4) of the Criminal Justice (Joint Investigation Teams) Bill, which was approved on Committee Stage in the Dáil. I will outline to the House the terms of the amendment. Section 5(4) as initiated provided...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003 [Seanad Bill amended by the Dáil]: Report and Final Stages. (23 Jun 2004)

Michael McDowell: I thank Senators for their positive attitude towards the amendment. As regards Senator Jim Walsh's comments, I have no objection in principle to harmonisation where it is necessary but I have a slight fear, which I have always expressed, regarding involuntary harmonisation where others consider it necessary and we have good reason to oppose it. That is why I was pleased that under the IGC...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages. (23 Jun 2004)

Michael McDowell: I am grateful to the Senator for tabling the amendments but I oppose them. They propose that the full text of the additional protocol and the Schengen Convention should be added as Schedules to the Bill. I do not propose to accept them because the additional protocol does not give effect to the full protocol. While the protocol contains nine articles, only two contain substantive provisions...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages. (23 Jun 2004)

Michael McDowell: The documents are original and have been signed and dated. They are not regularly updated, except by other instruments. Senator Tuffy asked about the policy on annexing or scheduling texts. It is desirable to do so in principle if the terms of a convention are being incorporated into Irish law. In circumstances where somebody is interpreting the Irish provision, he or she should be in a...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages. (23 Jun 2004)

Michael McDowell: I am grateful to the Senator for tabling the amendments, but having considered them, they are not necessary. Section 5(1) already deals in very clear terms with this matter, making it clear who the relevant authority in the sentencing state is, therefore there seems to be no advantage in attempting a definition of relevant authority in the interpretation section. The existing wording in...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages. (23 Jun 2004)

Michael McDowell: I fully accept that every Bill should at some stage state its purpose, but there has been a long tradition that the Long Title of a Bill is the place in which to set that out. The particular example cited by the Senator may be one where it would be desirable to have a more ample statement of the purpose of the Bill in the Long Title or to have a separate purposes section somewhere in the...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages. (23 Jun 2004)

Michael McDowell: Again, I am grateful to Senator Terry but I am advised that there does not seem to be a need for this amendment, as the existing wording in sections 5(1) and 6(1) makes it very clear which sentences are being referred to in each case, the Irish sentence or the foreign sentence. The present formulation is satisfactory. It has been suggested to me that the amendment could introduce a level of...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages. (23 Jun 2004)

Michael McDowell: Section 2 of the Bill provides that it applies in regard to sentences imposed before or after the passing of the Act. The idea that the High Court could disapply it where it would be unjust to apply it raises a series of questions as to by reference to what does the term "unjust" mean. If it were by reference to some constitutional principle, under the canon of construction, there is a...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages. (23 Jun 2004)

Michael McDowell: I am grateful to the Senator for tabling the amendments. However, I believe they contravene the terms of the parent convention. The six month threshold is set out in Article 3.1.c of the 1993 Convention on the Transfer of Sentenced Persons, which is the parent convention. The additional protocol and the Schengen provisions are to be read in conjunction with the convention, so the six-month...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: This amendment seeks to provide that, before the Minister can consent to a request from a sentencing state for the enforcement of a sentence against an Irish national, I would have to be satisfied the person had not only fled from the sentencing state, but that he or she was in this State. The amendment is unnecessary as the Bill already refers to a person who has fled to this State. I do not...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: This is a simple text amendment to make the meaning of the words in the section clearer. It puts them in a slightly different order, which clarifies the position.

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: These amendments seek to make clear the purpose of sections 6 and 7. Both amendments seek to delete "he or she" and substitute "the Minister" to make it quite clear that we are talking about the Minister.

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: This is a grammatical amendment to remove the word "which" and insert the word "that". My computer, which in addition a spell-check facility also has a grammar check, is always telling me to take out "which" and put in "that". Sometimes I feel slightly offended by it, but apparently it has also happened to the Parliamentary Counsel on this occasion.

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: This amendment is to remove the phrase "the address of the place at which he or she resides in the State, if that is known" and substitute "the address of the place in the State at which the person is for the time being residing (if that is known).". It makes it slightly clearer.

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: I disagree with the principle of the proposed amendment. The Minister should be able to apply to the High Court at any time, even after the warrant is issued or executed if the Minister becomes aware of information which would justify him or her going back to the court to seek a variation in the warrant. This amendment would limit the Minister's discretion in that regard and is an unnecessary...