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Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I will return to the point I made a moment ago. If I were a judge——

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: ——I would wonder whether the local detective was trying to keep the guy before the court behind bars to teach him a good lesson for not making a voluntary statement, or something like that. I would wonder whether that was what was going on before me. In such circumstances, I would wonder there was a grudge match between two people with differing opinions about the facts of the relevant...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: That is what the proposed new section 2A(6) is there for.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I move amendment No. 1: In page 7, line 6, after "1984," to insert "THE CRIMINAL JUSTICE (LEGAL AID) ACT 1962,". These amendments are to the Long Title of the Bill. Amendment No. 1 reflects the fact that the Bill amends the Criminal Justice (Legal Aid) Act 1962. Amendment No. 2 deals with the fact the Bill amends the Criminal Assets Bureau Act 1996. Amendment No. 3 makes it clear that...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I move amendment No. 2: In page 7, line 10, after "2006" to insert ", THE CRIMINAL ASSETS BUREAU ACT 1996".

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I move amendment No. 3: In page 7, line 13, after "RESPECTS," to insert the following: "TO MAKE PROVISION IN RELATION TO THE ADMINISTRATION OF CAUTIONS BY MEMBERS OF THE GARDA SÍOCHÁNA TO PERSONS IN RELATION TO OFFENCES, TO PROVIDE FOR ADDITIONAL POWERS OF DETENTION BY THE GARDA SÍOCHÁNA OF PERSONS SUSPECTED OF CERTAIN OFFENCES FOLLOWING ARREST OR REARREST OF SUCH PERSONS IN CONNECTION...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I have the greatest of respect for the Deputy's adviser but every refusal to mention something if asked amounts to a failure to mention it but every failure does not amount to a refusal. I cannot imagine someone saying that when he was asked a question and deliberately did not answer it, that does not amount to a failure. It could, however, amount to a refusal. In the circumstances,...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I hope the suspect was not 6 ft. 6 in.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I regard this as a very important issue. The conduct of identification parades is of pivotal importance, first, as regards their fairness. That jocose remark of mine a moment ago is significant in the sense that identification parades have to be fair. There is no point in having one that is unfair in its composition. Also, they have to be effective as I know from my practice as a...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: On Committee Stage, I stated that I supported the minority in the 1990 Kenny decision. The minority, or discretionary view, held that a balance had to be struck between rights rather than a rigid view being taken which I would prefer were reflected in our jurisprudence. The question is how can we arrive at that point.

Written Answers — Employment Costs: Employment Costs (5 Apr 2007)

Michael McDowell: The estimated annual cost of employing a newly attested Garda, which includes basic salary, rent, boot, uniform and unsocial hours allowances along with Employer's PRSI and pension overhead costs is €53,230. It is not possible to determine the training and other costs relating to an individual attested member, as the annual costs of running the Garda College and other related costs are not...

Written Answers — Employment Costs: Employment Costs (5 Apr 2007)

Michael McDowell: The annual estimated cost of employing a Probation Officer at the first point of the salary scale along with pension overhead costs and Employers PRSI is €43,737.

Written Answers — Employment Costs: Employment Costs (5 Apr 2007)

Michael McDowell: The estimated annual salary cost of employing a Prison Officer, following service as a Recruit Prison Officer for a three year period, including basic salary, allowances and additional hours payment along with Employer's PRSI is €47,762. Pension overhead costs calculated at 25% of gross pensionable salary amount to approximately €11,095.

Written Answers — Administrative Practice: Administrative Practice (5 Apr 2007)

Michael McDowell: It was administrative practice in such cases not to return birth certificates to applicants. The information requested by the Deputy is not readily available and could only be obtained by a disproportionate expenditure of time and resources.

Written Answers — Missing Persons: Missing Persons (5 Apr 2007)

Michael McDowell: The clarification sought will be communicated to the Deputy as soon as the information is received from the Garda authorities.

Written Answers — Visa Applications: Visa Applications (5 Apr 2007)

Michael McDowell: I refer the Deputy to my previous reply of 20 March 2007 in relation to the person in question. The position remains unchanged. However, a person who is awaiting a decision on a residency application based on marriage to an Irish national is free to leave the State at any time. As a visa required national the person in question must be in possession of a valid Irish re-entry visa to allow...

Written Answers — Garda Strength: Garda Strength (5 Apr 2007)

Michael McDowell: I have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.

Written Answers — Crime Prevention: Crime Prevention (5 Apr 2007)

Michael McDowell: I am informed by the Garda authorities that the area referred to is in the Shankill Garda sub-district. The area is patrolled by uniform and plain-clothes personnel supplemented as necessary by the District Detective and Drug Units, the Community Policing and Garda Mountain Bike Units, the Divisional Crime Task Force and Traffic Corps Units. Local Garda management is aware that Dublin Bus is...

Written Answers — Garda Investigations: Garda Investigations (5 Apr 2007)

Michael McDowell: I am informed by the Garda authorities that local Garda management confirm that a complaint was made at Mountjoy Garda station by the person referred to concerning the firm mentioned. The Garda investigation is continuing.

Written Answers — Visa Applications: Visa Applications (5 Apr 2007)

Michael McDowell: The person in question made an application for renewal of their permission to engage in business in the State in May 2006. An initial request for documentation in this regard issued in May 2006. There was no response to this request. Further requests were made in June 2006 and August 2006 and a final reminder issued in September 2006. No response was received until January 2007 with...

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