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Courts and Court Officers (Amendment) Bill 2007: Second Stage (21 Feb 2007)

Michael McDowell: They are on their way.

Courts and Court Officers (Amendment) Bill 2007: Second Stage (21 Feb 2007)

Michael McDowell: No, Deputy. It is not an apology. The statement I have just made is for the record of the House because it is important that when one has an opportunity to talk about the Judiciary without being interrupted, without being misquoted and without being selectively quoted, that one tells the truth. In the case of the Circuit Court, cases are becoming more complex and as a consequence they are...

Courts and Court Officers (Amendment) Bill 2007: Second Stage (21 Feb 2007)

Michael McDowell: Judges' salaries are a charge on the Central Fund and, therefore, there must be legislation underpinning their appointment.

Courts and Court Officers (Amendment) Bill 2007: Second Stage (21 Feb 2007)

Michael McDowell: I have sanctioned 18 extra support staff.

Courts and Court Officers (Amendment) Bill 2007: Second Stage (Resumed) (21 Feb 2007)

Michael McDowell: I thank Members for their contribution to this debate, during which some significant issues have been raised. I propose to deal with a few of them. As for the ratio of judges, Ireland is one of only four common law states within the European Union. The definition of a judge in a civil law state such as Spain or Italy differs greatly from the Irish definition. Judges in such countries are...

Courts and Court Officers (Amendment) Bill 2007: Second Stage (Resumed) (21 Feb 2007)

Michael McDowell: On the other hand, had I introduced a Bill this evening to the effect that the maximum number of judges of the High Court would be 100, I would have received a sceptical reception from Opposition Members. They would have asked the purpose of the Bill and whether I intended to fill the posts when I thought it appropriate, without informing them. This cuts both ways. I am unsure whether I...

Courts and Court Officers (Amendment) Bill 2007: Second Stage (Resumed) (21 Feb 2007)

Michael McDowell: Whenever I have had the opportunity, I have stated that I believe our independent Judiciary is of enormous importance.

Courts and Court Officers (Amendment) Bill 2007: Second Stage (Resumed) (21 Feb 2007)

Michael McDowell: It is perfectly open to Opposition Members to express their views on the adequacy or otherwise of sentencing. They do so frequently and Deputy Gregory probably does so as often as a clock strikes. Equally however, it is also open to the Minister for Justice, Equality and Law Reform, if he or she thinks that sentencing policy in any area is mistaken, to say so in public. I do not accept the...

Courts and Court Officers (Amendment) Bill 2007: Second Stage (Resumed) (21 Feb 2007)

Michael McDowell: That is a different matter. They are independent under the Constitution. It is up to themselves——

Courts and Court Officers (Amendment) Bill 2007: Second Stage (Resumed) (21 Feb 2007)

Michael McDowell: Deputy Lynch's intervention ignores the fact that it is probably the case the Government is criticised from the bench again with the regularity of a clock striking. I personally have been criticised from the bench. I do not get in a huff about it. I just get on with it.

Courts and Court Officers (Amendment) Bill 2007: Second Stage (Resumed) (21 Feb 2007)

Michael McDowell: I do not. Deputy Jim O'Keeffe stated I should avail of my reply to comment on points made during the six o'clock news today. I want him to know I had no hand, act or part in the arrests made today. I did not make any complaint to the authorities on this matter and I did not cause any investigation to take place.

Courts and Court Officers (Amendment) Bill 2007: Committee and Remaining Stages (21 Feb 2007)

Michael McDowell: To briefly reply to Deputy Ó Snodaigh it is my intention to fill all of these vacancies as soon as may be. I understand the judicial appointments advisory board will meet shortly and a panel of suitable people will be available for selection.

Courts and Court Officers (Amendment) Bill 2007: Committee and Remaining Stages (21 Feb 2007)

Michael McDowell: Arising from that, my instinct was exactly the same as the Deputy's but the draftspeople in the Office of the Parliamentary Counsel told me I was wrong. Being humble as I always am I accepted their advice.

Courts and Court Officers (Amendment) Bill 2007: Committee and Remaining Stages (21 Feb 2007)

Michael McDowell: As I stated in my opening speech on Second Stage, the plan is not to have the extra District Court judges assigned to a particular district. The reason for this is to allow them to be effectively deployable at the insistence of the President of the District Court for the sake of flexibility. The districts and their number are currently the subject matter of a proposal to redraw them....

Courts and Court Officers (Amendment) Bill 2007: Committee and Remaining Stages (21 Feb 2007)

Michael McDowell: With regard to the proposal to include a reference to Part 3 of the Civil Liability and Courts Act 2004, I am advised this would be inappropriate. I do not know why. Part 3 of the 2004 Act refers to court funds and a range of miscellaneous matters. Only one of the 23 sections in Part 3 refers to judicial appointments and this is being replaced. Accordingly, I would not accept the amendment.

Courts and Court Officers (Amendment) Bill 2007: Committee and Remaining Stages (21 Feb 2007)

Michael McDowell: Whenever legislation is being put through the Houses, one's instincts can make us wonder why we are not taking a certain action. The Parliamentary Counsel always seems to have an answer. On the odd occasion I try to overrule the advice I am given and on the few occasions I have done it the train has come off the rails. It is better to stick to mother's apron strings on such matters.

Courts and Court Officers (Amendment) Bill 2007: Committee and Remaining Stages (21 Feb 2007)

Michael McDowell: I am very grateful to the officials in my Department who worked on the Bill. I am also very grateful to the presidents of the respective courts for their advice given to me about numbers for appointments. I express my gratitude to the Parliamentary Counsel for the hard work done on the Bill to the usual high professional standards.

Written Answers — Railway Stations: Railway Stations (21 Feb 2007)

Michael McDowell: The direct provision system seeks to ensure that the accommodation and ancillary services provided by the State meet the requirements of asylum seekers during the period in which their requests for asylum are being processed. In addition, a direct provision allowance of €19.10 per adult and €9.60 per child was introduced some years ago and is paid by Community Welfare Officers...

Written Answers — Remembrance Commission: Remembrance Commission (21 Feb 2007)

Michael McDowell: The Scheme of Acknowledgement, Remembrance and Assistance to Victims in this Jurisdiction of the Conflict in Northern Ireland is administered by the Remembrance Commission. As the Deputy may be aware I obtained Government approval to extend the term of Office of the Remembrance Commission until 31 October 2007. The Government has allocated up to €2 million to the Commission for 2007. Up...

Written Answers — Private Security Services: Private Security Services (21 Feb 2007)

Michael McDowell: The regulation of the private security industry is the responsibility of the statutorily independent Private Security Authority (PSA). The PSA has extensive statutory powers of enforcement under the Private Security Services Act of 2004. These powers are mainly set out in Sections 37 and 38 of the Act. It is an offence to contravene the provisions of either of these sections. A person who...

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