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

Maurice Cummins: I still cannot see why it cannot be done. An increasing amount of information is being made subject to the freedom of information legislation. The way things are going, a freedom of information request will be necessary to find out who is the Minister for Justice, Equality and Law Reform, and journalists and anybody else who wished to find out will be charged for the information. That is...

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

Maurice Cummins: I move amendment No. 24: In page 12, subsection (3), line 21, to delete "may" and substitute "shall". Sections 12 and 13 deal with inquiries into the conduct of prisoners and sanctions that can be imposed on them if they are found to have breached prison rules. Amendments Nos. 24, 27, 29 and 31 are essentially of a technical nature. Amendment No. 24 allows for procedures for an inquiry to...

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

Maurice Cummins: I move amendment No. 29: In page 13, subsection (1)(g), line 25, before "during" to insert "but not confiscation,". In view of the Minister's commitment to reconsider the wording of the subsection, I withdraw my amendment.

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

Maurice Cummins: I move amendment No. 31: In page 14, subsection (5)(b), line 5, to delete "has" and substitute "has, in the opinion of the governor,".

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

Maurice Cummins: Amendment No. 35 seeks to delete "notify the governor of his or her intention to" because this phrase infers no duty on the prisoner and introduces confusion in the context of the steps which must be taken for an appeal to be lodged. Amendment No. 36 allows the prisoner to make an appeal directly, which I understand to be the Minister's intention. Amendment No. 37 then allows the prisoner...

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

Maurice Cummins: Amendment No. 43 refers to appointing qualified people to an appeals tribunal. I feel strongly that the constituency the Minister describes in section 16(3) is unnecessarily restrictive. As I said on Second Stage, I understand that it has probably been modelled on other tribunals. However, it overlooks the pool of experience provided by former prison governors, for example, or those who...

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

Maurice Cummins: Perhaps certain of the men in white coats would be better qualified than some of the tribunal members.

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

Maurice Cummins: I still believe that confining membership to the legal profession is very restrictive. The Minister mentioned the Human Rights Commission. If one had people from it or perhaps a former chairman, they would be eminently qualified to navigate whatever legal obstacles were in their way. The provision confining membership to the legal profession is unnecessary for such an appeals tribunal.

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

Maurice Cummins: Is the legal profession not also capable of that?

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

Maurice Cummins: I took on board the Minister's comments on this on Second Stage and, therefore, have not tabled many amendments on the section. I have suggested that when future prisons are built, they would include courthouses on site. This would cut down on the various costs associated with transporting prisoners between court and prison.

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

Maurice Cummins: I move amendment No. 47: In page 18, subsection (1), between lines 7 and 8, to insert the following: "(b) the Oireachtas,". It appears from section 20 that the Minister is giving notice of the development to everybody but the Oireachtas. This is a simple amendment which will require him to include the Houses of the Oireachtas in notices he will send out. It is not an overly-onerous task and...

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

Maurice Cummins: Will the Minister comment on the suggestion that court services be involved on the site?

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

Maurice Cummins: The Minister referred in his discourse to drugs in prisons. Is he aware that reference was made in this House to the fact that two prisoners from Wheatfield Prison spoke by mobile telephone on a radio programme today? They stated that the prison is awash with drugs. I invite the Minister to comment on this.

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

Maurice Cummins: The Minister can go to see "La Bohème" as well.

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

Maurice Cummins: Sorry, amendment No. 58 was not discussed.

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

Maurice Cummins: I thank the Minister. Amendment No. 59——

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

Maurice Cummins: I move amendment No. 59: In page 24, subsection (3), line 19, to delete "shall" and substitute "shall, within 3 months of receiving it,". I did not get the opportunity to speak. I did indicate I wished to speak. I have tabled a number of amendments in this grouping. Amendment No. 59 requires that the Minister lay the report before the Oireachtas within a specified time period of three...

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

Maurice Cummins: I move amendment No. 63: In page 25, subsection (3), line 14, after "Oireachtas" to insert "not later than 31 May in any year". The Minister gave a commitment to return to this matter on Report Stage.

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

Maurice Cummins: I stated earlier that I am not suggesting that it should be one of the inspector's functions to investigate individual complaints by prisoners. I tabled amendment No. 63 in order that the inspector's hands would not in any way be tied and that he would be in a position to examine complaints if he so desired.

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

Maurice Cummins: I move amendment No. 65: In page 25, subsection (1)(c), line 25, to delete "it" and substitute "the application". This is a technical amendment which merely seeks to clarify what is intended in the relevant paragraph. Amendment No. 67 will ensure that both a prisoner and his legal team will receive notice of application. There is no reason a prisoner should be disenfranchised from the legal...

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