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Order of Business (8 Mar 2007)

Michael McDowell: The legislation is needed. If I did not think that was so, I would not propose it. There is a clamant public demand to make the law as it pertains to bail, detention and questioning of people accused of tiger kidnappings, firearms murders and the like effective. That has to be done. I ask Deputy Howlin to bear in mind that we should not give up our day jobs just because an election is...

Order of Business (8 Mar 2007)

Michael McDowell: We have a lot of work to do and we owe it to our constituents and the people——

Order of Business (8 Mar 2007)

Michael McDowell: ——to put in place the necessary measures to safeguard the people's welfare and protect the rights of individuals.

Order of Business (8 Mar 2007)

Michael McDowell: The people's constitutional rights are not simply those of an accused in a criminal process. The rights also exist not to be shot or to have to stand at the foot of one's son's coffin.

Order of Business (8 Mar 2007)

Michael McDowell: An individual has the right not to have his or her family kidnapped in a tiger kidnapping. These are all important constitutional rights and they should be defended with vigour by this House.

Order of Business (8 Mar 2007)

Michael McDowell: The Bill is scheduled for publication in early summer.

Order of Business (8 Mar 2007)

Michael McDowell: The Bill in question will be brought before the House this session.

Order of Business (8 Mar 2007)

Michael McDowell: Public order legislation is adequate to deal with the first matter raised by Deputy Costello. Any garda who finds somebody engaged in that activity——

Order of Business (8 Mar 2007)

Michael McDowell: Under the Criminal Justice (Public Order) Acts, there are plenty of large fines and other solutions. The Victorian nature of legislation is irrelevant to this issue.

Order of Business (8 Mar 2007)

Michael McDowell: Senior members of an Garda Síochána regard it as disorderly or offensive behaviour sufficient to provoke the provisions of the Acts.

Order of Business (8 Mar 2007)

Michael McDowell: The Criminal Justice Act 2006 makes provision for the application of on-the-spot fines in respect of public order offences.

Order of Business (8 Mar 2007)

Michael McDowell: That is primarily a matter for the local authority. I am not aware of any legislative reform.

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

Michael McDowell: I do not propose to accept the amendment. An Bord Pleanála has clearly defined functions, principally in the area of appeals but also in regard to the referral of particular questions and applications. It does not have a role in the construction and extension of prisons and it does not have expertise that is special to it in that context. I specifically chose to introduce a separate clear...

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

Michael McDowell: Yes. Given that Oireachtas approval is necessary, there is no clear role for An Bord Pleanála under this Part and I do not, therefore, see the point of serving notice of the development on the board. Nevertheless, section 20 provides that notice of the development shall be published in at least two newspapers and, under section 21, interested parties can make submissions or observations on...

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

Michael McDowell: In regard to the notice, section 20(1) provides that on receipt of the documents mentioned in section 19(4), the Minister shall give notice of the development to the planning authority or authorities where the development is to be situated, to members of the public, to the Minister for the Environment, Heritage and Local Government and, if the development or any part thereof is adjacent to...

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

Michael McDowell: Somebody competent to synthesise——

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

Michael McDowell: It would have to be somebody who would be competent to synthesise the submissions and the environmental impact assessment and to put a report in the Minister's hands. The Minister is then obliged, under section 23(5), to publish the rapporteur's report. That will also be in the public domain and available to all Members of the Oireachtas. We can tie ourselves in knots on all this but the...

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

Michael McDowell: Yes.

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

Michael McDowell: I share completely the views the Deputy expressed about the current inspector. I very much admire Mr. Justice Kinlen and I am very grateful to him for all the work he has done as inspector of prisons. Anybody who argued that his job was lacking in independence need only look at the record to see that he is certainly not the cat's paw of any Minister or, in any sense, inhibited in what he...

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

Michael McDowell: I am grateful to the Deputy for tabling these amendments. As for appointments, I am glad the Deputy has acknowledged that I have not engaged in cronyism. I wish to make clear that the office of Inspector of Prisons is an important public role and the person who takes it is expected to be independent in the discharge of his or her functions. I do not believe any successor of mine would...

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