Results 5,041-5,060 of 18,761 for speaker:Michael McDowell

Written Answers — Prison Building Programme: Prison Building Programme (29 Mar 2007)

Michael McDowell: I have asked the Office of Public Works to prepare a development plan for the site. This plan will, when finalised, include detailed proposals for the utilisation and development of the site and will also take account of issues to include heritage and historical context as well as the proper and sustainable development of the area itself. I have been advised that the Office of Public Works...

Written Answers — Garda Contracts: Garda Contracts (29 Mar 2007)

Michael McDowell: In accordance with the provisions of the Garda Síochána Act, 2005, the Garda Commissioner has been appointed as Accounting Officer for the Garda Vote. This provision came into effect from 14th July, 2006. The Accounting Officer is responsible for the proper expenditure of money from the Vote and the safeguarding of public funds and property. He is accountable to the Oireachtas through...

Written Answers — Garda Communications: Garda Communications (29 Mar 2007)

Michael McDowell: 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 for conviction on indictment — for...

Written Answers — Garda Insurance: Garda Insurance (29 Mar 2007)

Michael McDowell: I am informed by the Garda authorities that paragraph 6.2(3) of An Garda Síochána Code (Volume III) provides for a Garda member, who is summoned as a witness in civil proceedings, to request a viaticum from the party by whom summonsed. The viaticum is for the purpose of covering the member's anticipated necessary travelling and subsistence expenses as a result of attending court. Such...

Written Answers — Garda Insurance: Garda Insurance (29 Mar 2007)

Michael McDowell: I am informed by the Garda authorities that a Memorandum of Understanding (MOU) between An Garda Síochána and AXA Ireland was signed by the Garda Commissioner and the Chief Executive of AXA Ireland on 22 April, 2005. The purpose of the MOU is to provide a framework to facilitate the implementation and operation of a partnership wherein An Garda Síochána and AXA Insurance Company come...

Written Answers — Missing Persons: Missing Persons (29 Mar 2007)

Michael McDowell: I am informed by the Garda authorities that the following table shows the number of persons reported missing, the number remaining untraced and number found dead for the years 2004 to 2006: Year Missing Person Reports Missing Persons Untraced Found Dead 2004 5,060 59 56 2005 4,319 48 77 2006 6,811 108 61 Statistics provided for 2006 are provisional, operational and liable to change.

Written Answers — Asylum Applications: Asylum Applications (29 Mar 2007)

Michael McDowell: I am informed by the Immigration Division of my Department that the Family Reunification application from the person in question was refused on the 29th August 2006. The legal representative of the person concerned has submitted a request seeking a review of this decision together with further supporting documentation. This is currently being reviewed and a decision will issue in due course.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I am accepting amendments Nos. 52 and 64 and amendment No. 1 to amendment No. 155.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: On Wednesday, 4 April 2007.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: It is evidence but it does not prescribe the weight to be attached to that evidence and if it is cross-examined it could dribble away to nothing. If it appeared in the circumstances that it was a gratuitous or arbitrary opinion, then that evidence may mean nothing but at least it is admissible in the matter. I will look at Deputy Howlin's proposed amendment which is the taking out of the...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: The phrase "that it is evidence" does not mean that it is conclusive evidence which a court must follow or to which it must attach a degree of weight. The phrase in question merely means that it is evidence along those lines. If, at the end of the argument, the court is to inquire whether it has any evidence that the prosecution's case is correct, the answer will be that it has that...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I do not accept that.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: It is not the intention of the parliamentary counsel or me that some formula of words might override the issue. In my view, opinion evidence from a chief superintendent shall be receivable. However, the weight to be attached to that evidence or the import it carries are entirely matters for the court.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I am not certain that it is possible for a chief superintendent to become involved in any case and state——

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: A garda can give evidence of opinion in these matters.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: Not necessarily. A garda's means of knowledge might have to be established in advance of his or her giving evidence, particularly if he or she was challenged. If a chief superintendent was asked whether he possessed any knowledge of a matter or whether he had investigated it or carried out research in respect of it, his evidence would be of no value if his answer was that he had never...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I intend that, in serious cases, the Garda Síochána will be in a position to tender as admissible witnesses senior officers who will have researched matters before the courts. I do not intend that it will merely be a case of arresting officers being asked to come to court to provide their opinions.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: The circumstances are such that a court would be almost bound to inquire as to why a chief superintendent offered certain information and what he knows about the accused. If the person had a spotless record and the chief superintendent stated----

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: In those circumstances, the judge would state that he or she would be obliged to make up his or her own mind and that he or she could not decide what weight to attribute to the chief superintendent's evidence. There is also the question of an accused stating that he or she would attend for his or her trial. The court is obliged to weigh up all the evidence and arrive at its own judgment in...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: It is the case at present, as has been pointed out, that hearsay and opinion evidence is admissible on bail applications and I do not intend to diminish that now. As far as bail is concerned, it is my intention, save in the cases provided for in subsections (4) and (5), that there should generally be this statement of application for bail in the written form. Obviously, in run-of-the-mill...