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Written Answers — Inquiry into Child Abuse: Inquiry into Child Abuse (27 Oct 2005)

Joe Costello: Question 274: To ask the Minister for Education and Science the number of residential institutions that come within the terms of reference of the redress board which are Church of Ireland institutions; the number which are Church of Ireland; and if she will make a statement on the matter. [31108/05]

Written Answers — Recycling Policy: Recycling Policy (27 Oct 2005)

Joe Costello: Question 301: To ask the Minister for the Environment, Heritage and Local Government the level of grant assistance from his Department provided to Sligo County Council for the development of the Tubbercurry recycling centre; the cost of the centre; the details of commitment of additional grant aid from his Department for the annual operation of the recycling centre; and if he will make a...

Written Answers — Local Authority Housing: Local Authority Housing (27 Oct 2005)

Joe Costello: Question 307: To ask the Minister for the Environment, Heritage and Local Government the number of applicants on Leitrim County Council's housing waiting list; the number of applicants in each electoral area in the county; the length of time they have been on the list; the number of new houses the Council intends to provide in each electoral area in 2005; the number of houses suitable for...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: Section 9 does not state that ECHR standards apply in regard to the functions of the High Court. That is not expressly stated in the legislation and, therefore, I would like the Minister of State to outline where it is covered. He stated section 9 covers the ECHR in the operation of the High Court. I do not see how it does. Even if did, it would be desirable that this should be expressly...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: In those circumstances we should use the European arrest warrant if there is any doubt.

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: The option exists.

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: It could. Should designated countries be referred to the Human Rights Commission?

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: It has not. Will the Minister allow the Irish Human Rights Commission to examine countries before they are designated?

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: It never stopped the Deputy before.

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: The Minister did not refer to the points I made. I stated that section 9 did not cover the political offence exception. Given that the legislation is to be retrospective and the political offence exception abolished, someone who could not have been pursued under the previous legislation could now be pursued even though the offence could have happened 20 years ago and was not an offence at...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: I support both amendments. The amendment formulated by Deputy Ó Snodaigh encapsulates the issue more effectively. It reads, "there are reasonable grounds to believe that the terms and conditions of detention in the designated country would be compatible with Article 3 of the European Convention on Human Rights". This covers all the areas relating to torture, inhumane treatment, degrading...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: But if the sentence is served elsewhere, such punishments can be allowed.

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: The sentence, therefore, could be served in a different format. One could be subject to hard labour, which is a different sentence. For example, one could be sent to Siberia.

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: It is also about serving sentences in other countries.

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: He never left the country; he was part of the empire at the time.

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: I move amendment No. 1: In page 3, line 22, after "1997" to insert the following: ", the text of which in the English language is set out for convenience of reference in Schedule 1 to this Act". I welcome the Minister for Education and Science to the House but I am somewhat disappointed that the Minister for Justice, Equality and Law Reform appears to find it difficult to find his way to this...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: I thank the Minister for her reply. Rather than undermining the position we have proposed, I thought the Minister supported it. She said that what is included in the amendments is not precisely what is referred to in the relevant text. I am trying to ensure that the relevant texts from the Schengen agreement are in the text of the Bill. If the Minister disagrees with me as to what should be...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: Apart from agreeing with Deputy Hanafin, the only thing the Minister said is that it was unnecessary. What does "unnecessary" mean? Does it mean it is not necessary for the lay person or not necessary for the legal profession? It is usual to have Schedules and protocols in legislation. We are not departing from the norm. One could say it has not been included in some legislation but the norm...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: Is the Minister not going to reply?

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Joe Costello: I move amendment No. 4: In page 4, between lines 18 and 19, to insert the following: "2.—Section 11 of the Transfer of Sentenced Persons Act 1995 is amended by the deletion of 'including information in relation to each application made under this Act' and the substitution therefor of 'and the Transfer of Execution of Sentences Act 2005, including information in relation to each application...

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