Results 5,501-5,520 of 18,728 for speaker:Michael McDowell

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: There may be some particular reason. For example, there could be significant criticism of a particular governor.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: In that case, I would feel at the very least that I would have to be in a position to explain to the governor that this is coming down the tracks and that I would publish the report because it is in the public interest for it to be known. The governor would have the opportunity to tell his or her side of the story before I am asked to comment in public. This is reasonable and otherwise we...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: No, but I am just indicating the other extreme. I am not suggesting it should be done. The three-month period is the norm but I do not propose to put it into legislative form. It is a reasonable period of time and it will only be in exceptional circumstances when it will not be met. For example, there may be injunctions etc. placed against the publication of a report.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: They would be exceptional reasons. I do not want to put in place a statutory limit because it is unnecessary.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: If there were any abuse of this or dilatory behaviour, the inspector is always in a position to indicate publicly that the Department is sitting on the reports. If the inspector makes such a statement, the Minister will be in the dog house. There is goodwill in these matters. If the inspector expects the reports to be acted on, absorbed and appreciated by the system of Government, the...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: I move amendment No. 49: In page 29, between lines 5 and 6, to insert the following: 36.—(1) A prisoner who, without the permission of the governor of the prison, possesses or uses a mobile telecommunications device, or a person who supplies such a device to a prisoner without such permission, is guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding €5,000...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: To be historical, prison rules provide for wine and so on to be sent to certain classes of prisoners. Those rules have fallen into desuetude and will be brought to an end, as the new prison rules will prohibit alcohol. There are good reasons for this, as alcohol in prisons affects the security and safety of prisoners seriously, starts rows and so on. While I take Deputy Ó Snodaigh's point...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: We are in the process of installing counter measures in prisons, but I do not know whether they will be 100% effective or if ways may be found to get around them.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: That is a good point. I am not unmindful of those points.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: Yes, but prison officers are not supposed to have phones with them while on duty, so that is another point. They are tough penalties, but if they were not, on indictment, we would have problems arresting people who were attempting to smuggle phones into prison because the supply clause in section 36(1) applies to persons supplying a device to a prisoner without such permission. A person who...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: I should have said the criminal law applies both inside and outside prison.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: There is a provision in the rules that the Minister can issue directions as to whether a governor shall be under a duty to report an incident to An Garda Síochána for investigation or whether an offence has been committed under the Criminal Law Act 1976 or under this rule. There has to be discretion.

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: If one prisoner throws a punch at another we cannot have——

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: ——a situation where the Garda has to come in. There has to be discretion, but obviously in relation to serious offences the Garda should be called. It is a matter of judgment for the individual governor as to whether it is appropriate to bring the Garda in, because prisoners can be punished for minor infractions and for major infractions. A prisoner, for instance, who is found in...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: I am grateful to the two Deputies for raising the issue of St. Patrick's Institution. Following a review of the youth justice system, the Government agreed in December to a number of reforms, including amendment of the Children Act 2001, which has since been included in the Criminal Justice Act 2006, and the establishment of an Irish Youth Justice Service. The issue of the accommodation of...

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage (8 Mar 2007)

Michael McDowell: Between 18 and 21 years is the plan. I have to have some segregated facilities for younger offenders there. My intention is to bring the use of St. Patrick's Institution to an end as soon as I can. I cannot do it in the context of not having facilities built at Thornton. That is why this Bill is so important to both of those projects.

Order of Business (8 Mar 2007)

Michael McDowell: On the VHI matter, as Deputy Bruton will be aware, the Minister for Health and Children, Deputy Harney, proposes to publish health insurance legislation this session. Deputy Bruton will also be aware that there is a group, under Mr. Colm Barrington, studying some of the fundamental issues which lie at the heart of current controversies. The Government awaits its report this month. The...

Order of Business (8 Mar 2007)

Michael McDowell: It is my hope that the Bill will be published on Monday of next week.

Order of Business (8 Mar 2007)

Michael McDowell: That will allow the whole of next week and the bulk of the following week, or until Thursday, for Deputies to consider the text and contents of the legislation. It is proposed that a two-day Second Stage debate will be held on the legislation on Thursday and Friday of the following week. With regard to Committee Stage, I have always been willing to sit lengthy hours and until midnight if...

Order of Business (8 Mar 2007)

Michael McDowell: It may not be family friendly but sometimes the families of innocent people who have been shot down must also be considered.