Results 13,201-13,220 of 18,736 for speaker:Michael McDowell

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: Yes. Given that Oireachtas approval is necessary, there is no clear role for An Bord Pleanála under this Part and I do not, therefore, see the point of serving notice of the development on the board. Nevertheless, section 20 provides that notice of the development shall be published in at least two newspapers and, under section 21, interested parties can make submissions or observations on...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: In regard to the notice, section 20(1) provides that on receipt of the documents mentioned in section 19(4), the Minister shall give notice of the development to the planning authority or authorities where the development is to be situated, to members of the public, to the Minister for the Environment, Heritage and Local Government and, if the development or any part thereof is adjacent to...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: Somebody competent to synthesise——

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: It would have to be somebody who would be competent to synthesise the submissions and the environmental impact assessment and to put a report in the Minister's hands. The Minister is then obliged, under section 23(5), to publish the rapporteur's report. That will also be in the public domain and available to all Members of the Oireachtas. We can tie ourselves in knots on all this but the...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: Yes.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: I share completely the views the Deputy expressed about the current inspector. I very much admire Mr. Justice Kinlen and I am very grateful to him for all the work he has done as inspector of prisons. Anybody who argued that his job was lacking in independence need only look at the record to see that he is certainly not the cat's paw of any Minister or, in any sense, inhibited in what he...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: I am grateful to the Deputy for tabling these amendments. As for appointments, I am glad the Deputy has acknowledged that I have not engaged in cronyism. I wish to make clear that the office of Inspector of Prisons is an important public role and the person who takes it is expected to be independent in the discharge of his or her functions. I do not believe any successor of mine would...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: It is not prohibited.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: I do not want to get into too much detail on how the inspector is to carry out his or her functions. The Bill as devised states that the inspector is obliged to carry out regular inspections of prisons. Under section 31(2), the inspector is authorised to investigate any matter arising out of the management or operation of a prison and to submit to the Minister a report on such...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: I move amendmentNo. 32: In page 24, line 22, after "the" where it secondly occurs to insert "Irish".

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: I appreciate the Deputy wants to make it clear through a message from this House that the inspector's demands are to be complied with, but I could have a HR problem with the people involved if I go down the road of criminalising people. I might find that lawyers would be involved——

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: ——in a way which would be difficult.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: I am not in a position to answer off the top of my head as to whether the prison rules as drafted provide for it. I will undertake that we will insert a paragraph in the rules to mirror section 31(7).

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: I appreciate what the Deputy is driving at. To be honest, transport vehicles could involve Garda cars and vans being inspected, and the amendment could also require the inspector to go to all the courthouses around the country to look at cells there.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: Courthouse accommodation is being upgraded.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: There is no rehabilitative aspect in those courthouse cells. Most of them are now up to a good standard.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: They are very bare and temporary and are simply places where a prisoner sits for a very short period. They are not a prison and are effectively under the jurisdiction of the Courts Service. I do not want to extend the inspector's role to that particular semi-State organisation.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: There has been no undue delay in the publication of reports, with the exception of one incident where there was a disagreement on the content of the report. This was not from the perspective of its criticism but on the question of whether it was legal to be published in the form I received it. When these reports come in, it is reasonable for Department officials to read and consider them.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: They should be in a position to draw to the Minister's attention aspects of the report that are critical.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: If there is an aspect relevant to Government, the Minister should be in position to notify the Government that a particular report could have national or governmental significance. With the way bureaucracy works, a period of between eight and 12 weeks for the report to be digested and considered at the appropriate levels is reasonable. It is reasonable for the Minister also, if there is...