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Written Answers — Crime Levels: Crime Levels (4 Apr 2007)

Michael McDowell: I have been informed by the Garda authorities that as part of their contribution to the Europol Organised Crime Report, which was recently refined to become the Organised Crime Threat Assessment (OCTA), An Garda Síochána undertakes an annual assessment of organised crime in Ireland. The most recent assessment was completed in November 2006. The analysis concludes that the nature of...

Written Answers — Crime Levels: Crime Levels (4 Apr 2007)

Michael McDowell: Following the submission to me in 2004 of a report and recommendations by an expert group on crime statistics, I decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Síochána. The Garda Síochána Act, 2005 consequently makes provision for this and the CSO has established a...

Written Answers — Garda Strength: Garda Strength (4 Apr 2007)

Michael McDowell: I propose to take Questions Nos. 139 and 140 together. I am informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,178 following the attestation of 273 new members on Wednesday 14 March, 2007. This compares with a total strength of 10,702 (all...

Written Answers — Garda Equipment: Garda Equipment (4 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 — Garda Stations: Garda Stations (4 Apr 2007)

Michael McDowell: I propose to take Questions Nos. 142 and 143 together. I am been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,178 following the attestation of 273 new members on Wednesday 14 March, 2007. This compares with a total strength of 10,702...

Written Answers — Closed Circuit Television Systems: Closed Circuit Television Systems (4 Apr 2007)

Michael McDowell: I launched the Community-based CCTV Scheme in June 2005, in response to a demonstrated demand from local communities across Ireland for the provision of CCTV systems. The Scheme is designed to provide financial assistance to qualifying local organisations towards meeting the capital costs associated with the establishment of local community CCTV systems. The Scheme offers both...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: Exactly. I want to look at that issue very carefully. I have been contemplating for a few weeks whether the point Deputy Howlin raised on Second Stage is correct and I want to look at it. In regard to the judge's discretion, the Bill clearly provides that where it would be unjust to do so for specific and exceptional reasons it need not be done. As far as I am concerned, that is...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: The reason is that the only person who may ask the question is the arresting garda under the 1984 Act, which is bizarre.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: They are addressed.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: Subject to some comments which I will make later, it has been the case since 1994 in England and Wales — I am not sure about Scotland — and since 1988 in Northern Ireland that inferences can be drawn from one's failure to mention certain facts, when one is being interviewed by the police, which one later relies on as part of one's defence. Does that trench from the right to silence? The...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: The arresting garda had to put the questions.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: Yes, and huge protection had to be provided. We have, in principle and in respect of drug trafficking and the Offences Against the State Act——

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I am not sure, I will check it. The 1984 Act provided for the arresting garda. We now have a different situation. First, videotapes are made of these interviews and, second, there is a different understanding of the right to silence. The right to silence, as I understand it, is a right not to be forced to incriminate oneself. It is categorically different from circumstances where if one...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: Yes. This is not a general proposition that a jury can look at an accused person being interrogated and staring at the wall and decide that if the person was innocent, he or she would say something. It cannot decide on that basis to convict. The person must be asked about a proposition which he is advancing in his defence. That is the difference. An inference can be drawn from his...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I do not want to go on at too much length.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I believe very strongly in this proposal and that it is reasonable. I will not go into the matter any further. I have listened with an open mind to much of the criticism that has been directed at it. Much of this criticism is conservatism, which defies common sense. It is simply a desire to leave everything as it is and a belief that everything is perfect as it is when this is not the...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I am covering that point in amendment No. 102.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: A new form of caution.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: The Deputy has one as well.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: That is the point.

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