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Written Answers — Residency Permits: Residency Permits (5 Apr 2007)

Michael McDowell: I understand from the Immigration Division of my Department that the letter referred to by the Deputy will issue shortly.

Written Answers — Residency Permits: Residency Permits (5 Apr 2007)

Michael McDowell: This applicant applied for asylum on 11 August, 1998. Her application was refused and a Deportation Order was made on 5 September, 2003. The applicant instituted Judicial Review proceedings on 18 December, 2003 challenging the Deportation Order made in respect of her and accordingly, as the matter is sub judice, I do not propose to comment further.

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

Michael McDowell: Garda superannuation benefits are paid in accordance with the Garda Síochána Pensions Orders and Agreed Reports of the Garda Conciliation Council. Agreed Report 499 provides that members, who were serving on or after 1 January, 1993 would be entitled to a pension, based on unsocial hours allowances earnings with effect from 1 January, 1994. This Agreement, which was agreed with the Garda...

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

Michael McDowell: The person concerned arrived in the State on 24 January, 2005 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 25 August, 2006, that...

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

Michael McDowell: The applications referred to by the Deputy were received in the Ukraine on 12th March 2007 and were sent on to the dedicated Visa Office in Moscow for decision. The decisions of the Visa Officer to refuse the applications were taken on 29th March, 2007. The applications were refused because the Visa Officer could not be satisfied, on the basis of the documentation supplied, that the...

Written Answers — Departmental Strategy Statements: Departmental Strategy Statements (5 Apr 2007)

Michael McDowell: I can inform the Deputy that the National Women's Strategy will be published very shortly.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: This issue certainly needs to be examined.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I understand the ombudsman commission plans to commence operations on 8 May. This is a welcome development. I remind Members that the establishment of a body of this type requires huge preparation. If the commission were to open its doors before being certain of how it will do its work, it would be discredited almost immediately. It is independent in making its decisions and the chairman...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: However, I am not in a position to direct the commission to initiate a particular inquiry. This means that in a case where everybody in this House sought an inquiry into a particular matter, for example, I might not be able to initiate it. This is another reason for having an alternative means of inquiry. The commission might decide it is not its business to conduct a particular inquiry,...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I dealt with the three issues to which the Deputies referred during Leaders' Questions yesterday. The forgery, if it is a forgery, is a serious matter whatever way one looks at it. I will look into the matter raised by Deputy Howlin in regard to AXA Insurance. The Garda Commissioner regards all these as serious matters. The allegations are based, as I understand it, on the allegedly forged...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: Exactly, it is a question of balance.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I do not propose to go down this road. What is envisaged in this section is not necessarily a tribunal of inquiry substitute. The provisions could be employed in many different circumstances. Looking ahead, I do not propose to accept Deputy Ó Snodaigh's amendment No. 138, which proposes that all reports should be published. If I go down that road, I will get into issues such as those...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I share the concerns expressed by Deputies about the fishing industry. However, the dagger pointed at the throat of decent, honest fishermen all around Ireland is held by a minority who break the law, destroy our capacity to fish and bring down the wrath of the EU Commission which will take steps against us, as happened recently. That is the dagger at the throat of every innocent, decent...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: It is purely to give fisheries protection officers the right to search premises. If they do not weed out the tiny minority who are betraying the great majority, we will have worse consequences next year. More boats will be tied up and the cycle will be repeated. The point was made that the measure should not be in this Bill, but I have explained honestly and patiently why it is in the...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: The Deputy is talking the debate out.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: He is.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I have given the House my reasoning behind sentencing provisions. Regarding the detention provisions, I carefully considered, as did the Attorney General, the newspaper article to which the Deputy refers. I am satisfied that the provisions are not unconstitutional or in breach of the European Convention on Human Rights and the Attorney General has advised me that this is the case. If these...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: We made an agreement on the floor of this House today. I am not tearing it up and if Deputy Jim O'Keeffe chooses to resile from it that is his problem.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: The Deputy is resiling from an agreement he made two hours ago.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I stated yesterday evening that I wanted to reflect on it.

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