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

Michael McDowell: This amendment seeks to delete the words "(if any)" from line 13 on page 8 of the Bill.

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

Michael McDowell: This amendment seeks to insert "(if that is known)" after "residing" so that where it is not known, it does not become a basis for argument that the procedure is not being complied with.

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

Michael McDowell: The amendment relates to situations in which the person has been provisionally arrested pending receipt of the formal request from the sentencing state. The existing proposal in the Bill is that the court should remand the person in custody. The amendment proposes to delete the requirement that the remand should be in custody, instead merely stating that the person should be remanded. I am...

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

Michael McDowell: This is the Government's response to an issue which was very helpfully raised by the Opposition at an earlier point. The primary purpose of the Government amendments is to allow credit for the time served which is called the deductible period. Account will be taken of entitlements earned, including as a result of the time already served, if any, by the person whether in the sentencing state...

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

Michael McDowell: This amendment relates to the powers of the High Court to ensure any aspect of a sentence other than duration that is less favourable than the equivalent Irish sentence shall not be imposed. The amendment seeks to remove the discretion of the High Court and would simply state that no provision which is less favourable should be applied here. While that might seem reasonable, the issue remains...

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

Michael McDowell: I apologise to the House. I had intended to deal with that amendment when it was grouped earlier but I forgot to do so. While I recognise the intended purpose of the amendment, I think the amendment I have introduced to section 9, providing for account to be taken of the deductible period, already addresses the substance of this amendment. The implications of the amendment may not be fully...

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

Michael McDowell: Obviously, I have no notice of that issue, although, apparently, the Senator has raised it on other occasions in the House. Any person who is on the soil of Ireland is entitled to the protection of our Constitution. No person can be brought through the soil of Ireland in the custody of any other state except in accordance with international law. If the Senator has reason to believe any person...

Seanad: Barron Report: Statements. (7 Jul 2004)

Michael McDowell: I express the Taoiseach's regret that he is not able to be here today for these statements. He initiated this process following his meeting with the Justice for the Forgotten group on 22 April 1999 and he remains deeply committed to the victims and their families and the search for the truth surrounding these terrible atrocities. As Attorney General at the time, I was centrally involved in...

Written Answers — EU Directives: EU Directives (5 Oct 2004)

Michael McDowell: The EU legal instrument referred to in the Deputy's question is Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers. This directive is covered by title IV of the EU treaties and by the "Protocol on the position of the United Kingdom and Ireland" under which the State has an option to participate in its provisions. Many of the key...

Written Answers — Gaming and Lotteries Legislation: Gaming and Lotteries Legislation (5 Oct 2004)

Michael McDowell: In so far as some prize-winning schemes are conducted in lottery form, for example, scratch cards, the provisions of the Gaming and Lotteries Acts 1956 to 1986 apply. Under the 1956 Act, all lotteries are unlawful except those which are specifically permitted. Furthermore, under section 22 of the Act, publication of any notice or announcement concerning a lottery, other than announcement of...

Written Answers — Child Care Services: Child Care Services (5 Oct 2004)

Michael McDowell: I can confirm that a capital grant application for more than €1.1 million was submitted by the group to my Department some time ago and that this is one of a number of applications currently on hand for capital funding from projects located in this area. The equal opportunities child care programme 2000-2006 is a seven year development programme which aims to increase the availability and...

Written Answers — Court Poor Box System: Court Poor Box System (5 Oct 2004)

Michael McDowell: I propose to take Questions Nos. 408 and 409 together. The Law Reform Commission published a consultation paper in March 2004 with regard to this matter. In the paper, the commission put forward a number of provisional recommendations as to how the court poor box system might be reformed. I understand that the commission invited submissions from interested parties by 30 September 2004 and...

Written Answers — Garda Stations: Garda Stations (5 Oct 2004)

Michael McDowell: I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that a decision as to the current and future requirements for gardaí at Tallaght is currently under consideration.

Written Answers — Visa Applications: Visa Applications (5 Oct 2004)

Michael McDowell: The group of persons in question made visa applications for the stated purpose of attending a boxing tournament in the State, at the invitation of an Irish boxing club. In assessing any visa application, the visa officer will consider various matters. These include whether it is reasonable in all the circumstances to conclude that the applicant's stated purpose is the true purpose of the...

Written Answers — Grant Payments: Grant Payments (5 Oct 2004)

Michael McDowell: The equal opportunities child care programme 2000-2006 is a seven year development programme which aims to increase the availability and quality of child care to support parents in employment, education and training. The progress of the programme was commented upon very favourably by the mid-term evaluators of both the regional operational programmes and the National Development Plan...

Written Answers — Grant Payments: Grant Payments (5 Oct 2004)

Michael McDowell: I understand that applications for capital and staffing grant assistance were submitted by the group to my Department some time ago. The Deputy may be aware that the group has recently received staffing grant assistance of €45,000 over one year towards the staffing costs of its existing child care project. A decision with regard to the capital application is still outstanding. The equal...

Written Answers — Visa Applications: Visa Applications (5 Oct 2004)

Michael McDowell: The person in question, a 23 year old non-EEA national, made a visa application in July 2004 for the stated purpose of attending a one-year course of studies. The application was refused because it had not been established, on the basis of the documentation supplied to my Department, that the applicant would observe the conditions of the visa applied for. In particular, it was felt that the...

Written Answers — Infectious Diseases: Infectious Diseases (5 Oct 2004)

Michael McDowell: There is a recognised link between drug misuse, particularly intravenous use, and the prevalence of both HIV and hepatitis C in the general community as well as in the prison population. As regards reducing the transmission of HIV and hepatitis C within the prison environment, it is my policy to apply best practice to the prison situation. Best practice includes the prevention of drugs being...

Written Answers — Deportation Orders: Deportation Orders (5 Oct 2004)

Michael McDowell: The person referred to by the Deputy entered the State on 7 August 2001 and applied for refugee status. Following an interview on 1 February 2002 by the Office of the Refugee Applications Commissioner, he was refused refugee status in the State. He was notified of this refusal on 4 April 2002 and subsequently appealed this determination to the Refugee Appeals Tribunal. Following an oral...

Written Answers — Visa Applications: Visa Applications (5 Oct 2004)

Michael McDowell: I am pleased to inform the Deputy that the visa application in question was approved on 29 September 2004.

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