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

Michael McDowell: I move amendment No. 114: In page 34, line 5, to delete "other than a child or young person" and substitute "other than a person under the age of 18 years".

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

Michael McDowell: As I said yesterday I appreciate the Deputies' point. There is jurisprudence, particularly in Canada, to the effect that it is possible to have proportionate mandatory sentences which, having regard to the value of the drugs, would be absolute and fixed. The downside of this as Deputy Howlin says, in a point with which I sympathise, is that it might be interpreted as saying this is a...

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

Michael McDowell: Yes, exactly. That is the issue. Assuming my advice is correct the question is whether it is an advance to bring it into law or if it will have an unpredicted counter-effect of making offences which are now serious less so. I want to reflect on that and to have an opportunity to consult with my colleagues in Government before making any change in the legislation on that point.

Order of Business (5 Apr 2007)

Michael McDowell: It is proposed to take No. 16, revised Estimates for public services 2007, Votes 1 to 41, back from committee; No. 17, motion re Competition Act 2002 (section 18(5) and (6)) Order 2007, back from committee; No. 18, motion re proposed approval by Dáil Éireann for a Council decision on the establishment, operation and use of the second generation Schengen information system, back from...

Order of Business (5 Apr 2007)

Michael McDowell: I understood this matter was debated at length and thoroughly investigated at a meeting of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights under the chairmanship of Deputy Ardagh. I wish to correct the impression given by Deputy Ó Caoláin. What I said was that if it was considered, after it had been debated at committee, that there was a further need for a...

Order of Business (5 Apr 2007)

Michael McDowell: I have listened carefully to the debate on the matters raised. I have been, as I indicated I would be, reasonable at all points. I would be willing to devote the first day of the resumed session to Report Stage of the Bill on one condition, namely, that we get the business done that day and Members do not engage in the usual antics in respect of guillotines and mock posturing on that subject.

Order of Business (5 Apr 2007)

Michael McDowell: The Bill will then go to the Seanad.

Order of Business (5 Apr 2007)

Michael McDowell: That is a matter for the Whips. I will agree to Report Stage being taken on the first day the House resumes following the Easter recess and only on the condition proposed. The alternative scenario is that we conclude the debate on the Bill in this House today, the Bill will then be forwarded to the Seanad for debate and returned to this House for final consideration. That is the choice I...

Order of Business (5 Apr 2007)

Michael McDowell: I am offering Members a choice.

Order of Business (5 Apr 2007)

Michael McDowell: No, it is very simple.

Order of Business (5 Apr 2007)

Michael McDowell: I accept that Deputies Ó Caoláin and Ó Snodaigh are not agreeable to the proposal. However, I am asking that other parties agree to the proposition that we devote one day only to Report Stage of the Bill on the resumption of the Dáil, following which the Bill will go to the Seanad. If that is not agreeable, for whatever reason, my proposal is that we conclude the debate on the Bill...

Order of Business (5 Apr 2007)

Michael McDowell: That is the choice I am offering.

Order of Business (5 Apr 2007)

Michael McDowell: I am clear about where I stand on this issue. I am willing to devote the remainder of today to a Committee Stage debate on the Bill and to take Report Stage on the day the House resumes.

Order of Business (5 Apr 2007)

Michael McDowell: I am not in a position now to say what time will be allocated to Report Stage on the day. I am agreeing to Report Stage being taken on the resumption of the Dáil. If that is agreeable, that is fine. If not, we can proceed with the Order of Business as proposed. The Bill will then be forwarded to the Seanad for debate and will return to this House for final consideration. One way or the...

Order of Business (5 Apr 2007)

Michael McDowell: There is no point playing the gombeen on this. I have made it clear——

Written Answers — Judicial Process: Judicial Process (4 Apr 2007)

Michael McDowell: I am firmly committed to ensuring that judicial resources are adequate to the demands placed on them. Since 2002, the number of judges sitting in the High, Circuit and District Courts has increased from 108 to 125, an increase of 17 judicial posts. In addition, the Courts and Court Officers (Amendment) Act 2007 provides for a further 14 judges — 6 Judges of the District Court, 4 ordinary...

Written Answers — International Agreements: International Agreements (4 Apr 2007)

Michael McDowell: I am delighted that Ireland was in the first group of countries to sign the UN Convention on the Rights of Persons with Disabilities when it opened for signature in New York on last Friday, 30th March. This UN Convention is a significant human rights convention and represents an important advance for people with disabilities. In conjunction with its recent approval of my proposal for...

Written Answers — Asylum Applications: Asylum Applications (4 Apr 2007)

Michael McDowell: The total number of applications received for Asylum from 1992 to 28 February 2007 is 73,245. In regard to Leave to Remain, I am assuming that the Deputy is referring to applications for Leave to Remain in the State made pursuant to Section 3 (6) of the Immigration Act, 1999 as amended. An application for Leave to Remain in the State in these circumstances arises where a non-national is...

Written Answers — Criminal Prosecutions: Criminal Prosecutions (4 Apr 2007)

Michael McDowell: I propose to take Questions Nos. 16 and 25. Section 62 of the Garda Síochána Act 2005 was enacted for the purpose of specifically prohibiting a person who is or was a member of the Garda Síochána or of its civilian staff, from disclosing information obtained in the course of his or her duties. The section provides stiff penalties, fines up to €75,000 and/or up to 7 years imprisonment...

Written Answers — Drugs in Prisons: Drugs in Prisons (4 Apr 2007)

Michael McDowell: In May of last year I launched the new Irish Prison Service Drugs Policy & Strategy — Keeping Drugs Out of Prisons. This new policy clearly set out the steps required to tackle the supply of drugs into prisons, provide adequate treatment services to those who are addicted to drugs and ensure that developments in the prisons were linked into the community. Since then significant progress...

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