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Written Answers — Citizenship Applications: Citizenship Applications (5 Dec 2006)

Michael McDowell: As I indicated in my replies to Parliamentary Questions No. 195 of 1 December 2004, No. 343 of 26 April 2005 and No. 228 of 17 October 2006 all of the Department's records on this matter were supplied to the individual concerned on foot of a request under the Freedom of Information Act. Copies of a letter and an agreement were produced as evidence that the parents of the person in question...

Written Answers — Citizenship Applications: Citizenship Applications (5 Dec 2006)

Michael McDowell: An application for naturalisation from the individual in question was received in the Citizenship Division of my Department on 13 January 2004. I am advised that a decision on this application will be communicated to the person concerned in the coming days.

Written Answers — Consultancy Contracts: Consultancy Contracts (5 Dec 2006)

Michael McDowell: The total spend by year in relation to expenditure on consultancy for my Department's Vote is as follows: Year Amount €M 2003 2.6 2004 2.5 2005 1.8 A total of 126 different consultants were engaged over this period. Expenditure on consultancy has been reducing year on year over the period reflecting the increased emphasis and examination of the requirement for the engagement of...

Written Answers — Garda Investigations: Garda Investigations (5 Dec 2006)

Michael McDowell: I refer the Deputy to my response to Parliamentary Question No. 196 of 04 May 2006. The position remains unchanged.

Written Answers — Crime Levels: Crime Levels (5 Dec 2006)

Michael McDowell: I am informed by the Garda authorities that Garda management are satisfied that all criminal incidents reported to them are being recorded. Incidents are recorded on PULSE on the basis of the criminal offence they disclose, which may range from homicide to minor assault, whether related to domestic violence or otherwise. I understand that instructions relating to the recording of incidents...

Written Answers — Prison Accommodation: Prison Accommodation (5 Dec 2006)

Michael McDowell: I propose to take Questions Nos. 202 to 204, inclusive, together. In relation to the two storey building incorporating administration and visitors facilities at Loughan House the position is as follows. A number of modular accommodation units which were procured by the Office of Public Works in the context of the provision of asylum seeker accommodation and which were subsequently surplus to...

Written Answers — Visa Applications: Visa Applications (5 Dec 2006)

Michael McDowell: The persons in question were initially refused permission to travel to Ireland for a wedding. In the new circumstances, in the wake of the Tragedy to which the Deputy refers, they are entitled to appeal this decision and any such appeal will be fully and sympathetically examined by my Department.

Written Answers — Departmental Bodies: Departmental Bodies (5 Dec 2006)

Michael McDowell: I can inform the Deputy that the only State Board under the aegis of my Department where an upper age limit applies is the Private Security Authority Appeal Board. The Private Security Services Act 2004 Schedule 2, Part 1, provides that a member of the Appeal Board of the Private Security Authority must vacate office on attaining the age of 70 years. There are no plans to remove this upper...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: On Committee Stage in this House Senator Henry proposed amendments to the effect that video-conferencing facilities in the Bill would also apply to persons in designated centres under the Criminal Law (Insanity) Act 2006. I indicated at the time that I had some considerable sympathy with the Senator's views and that I would examine the matter prior to Report Stage. I am now bringing forward...

Seanad: Prisons Bill 2006: Report Stage (Resumed) and Final Stage. (5 Dec 2006)

Michael McDowell: I accept the amendment.

Seanad: Prisons Bill 2006: Report Stage (Resumed) and Final Stage. (5 Dec 2006)

Michael McDowell: I will first deal with amendment No. 44. This would insert a provision to the effect that nothing in the section could be used to deny a prisoner medical treatment prescribed by a medical practitioner. At present under the rules, prisoners are provided with access to health care services on a basis equivalent to those in the community covered by the medical card system. Section 37 would...

Seanad: Prisons Bill 2006: Report Stage (Resumed) and Final Stage. (5 Dec 2006)

Michael McDowell: I thank Members for their courtesy. I also thank the Leader for extending the time for the debate. This Bill has been substantially improved as a result of the careful consideration it has been given line by line. I am grateful to the House for the way it has dealt with the Bill.

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: It is my understanding that the Garda is informed of attempts to smuggle drugs into prison whenever the prison staff can identify the person who has made the attempt. When drugs are thrown in over walls, sometimes that cannot be done. In those circumstances, it would be wasteful of Garda time to involve it in something which is manifestly futile. I wish to advise the House that in the...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: This amendment makes it mandatory to set procedures in the prison rules. I do not want to accept it because if every procedure is set out in the rules, it could mean inflexibility is introduced into the whole inquiry procedure, which would militate against trying to make the system work. The term "may" is used in the legislation and of course there will be the outline of a procedure....

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: Is Senator Tuffy referring to the position regarding the UN?

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: On the question of psychologists, I will re-examine this matter before the Bill comes before the Dáil to ensure that psychological advice is included in "medical advice or treatment". If not, I will deal with it. The term would cover psychiatric advice. However in this context, a psychologist would normally be provided by the Prison Service and would not be covered by the sanction....

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: I propose to deal with amendments Nos. 16 to 23, inclusive, together as they relate to sanctions and appeals. Amendment No. 16 proposes that one of the sanctions that can be imposed by a prison governor on a prisoner for a breach of prison discipline is the forfeiture of some or all of the money credited or to be credited to the prisoner from public funds for work carried out in a prison,...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: It all depends. Tribunals can have a number of members or just one member. For instance, at present the Refugee Appeals Tribunal has one member. Other appellate bodies have a number of persons in them. The real point is that this is where a prisoner could be appealing, for instance, a forfeiture of a remission, which could be a quarter of the prisoner's sentence. If that were to happen,...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: If the prisoner were to behave in a manner that could potentially lead to the reinstatement of that two and a half years, it is important that the person who does the job of deciding whether that decision was fairly made can see around corners and can see that due process requires X and Y to happen in the conduct of the appeal. This is not small beer. If it were some kind of argument about...

Seanad: Prisons Bill 2006: Report Stage. (5 Dec 2006)

Michael McDowell: I would not be introducing this if I thought that it were not advisable under the European Convention on Human Rights to provide for such an appellate system. It is for that reason I want to do it. I ask Senator Cummins to consider the notion that I could stand up in public and state that a man or woman is about to lose a year's entitlement to liberty which has been determined by a prison...

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