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

Michael McDowell: Amendments Nos. 24 to 26, inclusive, are technical. The reference in the section, as drafted, is to the "Prison Service" as an organisation. This is a drafting oversight as the Prison Service is not an identifiable legal person who can issue directions. The amendments clarify that reference to the "Prison Service" is to the director general of the Irish Prison Service, to whom certain...

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

Michael McDowell: Overcrowding in prisons was much worse in the past than it is now. In so far as temporary release is an indication of overcrowding in prisons, in the mid-1990s between 15% and 20% of prisoners were on temporary release at any given time. This is no longer the case. I intend to continue to provide adequate prison space, not in the hope that it will be filled but in the confident expectation...

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

Michael McDowell: I took advice on this matter and was told the insertion of the words "at a material time" are not usual and that it is not practice to insert them. The Senator will be aware that, under the Interpretation Act, where something is repealed it does not have the effect of ending any proceedings taken under it unless a contrary intention appears. I am disinclined to accept the amendment unless...

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

Michael McDowell: I do not intend to avail of the powers provided under this section as long as the prison service, through its own internal escort service, provides a reasonably economic means of transporting prisoners to and from other places. If a successor of mine were in a position where they had to do that due to an incapacity on the part of the prison service to provide that service, the question of...

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

Michael McDowell: I indicated on the last occasion that I would consider all these matters and I have considered subsections (6) and (7) of section 6. They adequately cover this matter. They provide that my successors are expressly prohibited from issuing a certificate unless the person is of good character, is capable of performing the functions of a custody officer, has undergone such course of training...

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

Michael McDowell: The level of protection envisaged by the Senator's amendments in primary statutory form is more demanding than that provided for in regard to prison officers. Prison officers are bound by prison rules and by the terms of their appointment. They are not set out in statutory form. I do not see why we should assume that somebody who will conduct transport functions should have a higher...

Written Answers — Internet Usage: Internet Usage (30 Nov 2006)

Michael McDowell: Combating illegal, harmful and predatory use of the Internet requires responses at national, EU and international levels. Ireland is fully committed to playing its part, at home and internationally, to both detect and prevent child pornography. Ireland's Child Trafficking and Pornography Act (1998) is acknowledged as one of the most robust pieces of legislation anywhere. In terms of...

Written Answers — Visa Applications: Visa Applications (30 Nov 2006)

Michael McDowell: The applications referred to by the Deputy were received in the Dublin Visa Office on 10 November, 2006. I am pleased to inform the Deputy that the applications in question were approved on 20 November, 2006.

Written Answers — Courts Service: Courts Service (30 Nov 2006)

Michael McDowell: As the Deputy may be aware, under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted, the Tribunal is entirely independent in the administration of the Scheme and I have no role in the scheduling of appeal hearings for applicants who are not satisfied with the decision on their application. In relation to the application referred to by the Deputy, the Tribunal...

Written Answers — Citizenship Applications: Citizenship Applications (30 Nov 2006)

Michael McDowell: The Irish Nationality and Citizenship Act, 1956, as amended provides that the Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalisation if he is satisfied that certain statutory conditions are fulfilled. These conditions include having a period of residence in the State and being of good character. When an...

Written Answers — Visa Applications: Visa Applications (30 Nov 2006)

Michael McDowell: The application referred to by the Deputy was received in the Moscow Visa Office on 6 October, 2006. The decision of the Visa Officer to refuse the application was taken on 31 October 2006. The application was refused because the Visa Officer could not be satisfied, on the basis of the documentation supplied, that the applicant had demonstrated sufficient economic or professional ties to...

Written Answers — Deportation Orders: Deportation Orders (30 Nov 2006)

Michael McDowell: The person concerned arrived in the State on 6 February 2004 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned was informed by letter dated 8 April 2004, that the Minister proposed to make a deportation order in respect of her and afforded her three options in accordance with...

Written Answers — Visa Applications: Visa Applications (30 Nov 2006)

Michael McDowell: Following a review of the case I am pleased to inform the Deputy that the application in question was approved on 29 November, 2006. The applicant will be contacted shortly by the Visa Office in Beijing and advised of the decision.

Written Answers — Closed Circuit Television Systems: Closed Circuit Television Systems (30 Nov 2006)

Michael McDowell: I am informed by the Garda authorities that Tallaght is one of the 17 areas which form part of the Garda CCTV Programme, as follows (listed alphabetically): Athlone, Ballyfermot, Carlow, Castlebar, Clondalkin, Clonmel, Drogheda, Dungarvan, Ennis, Kilkenny, Kinsale, Mullingar, Portlaoise, Sligo, Tallaght, Tullamore and Waterford. Garda Management and my Department are currently in consultation...

Written Answers — Family Law: Family Law (30 Nov 2006)

Michael McDowell: As the Deputy will appreciate, under the provisions of the Courts Service Act 1998, it is a function of the Courts Service to provide appropriate information on the courts to the public. I have therefore arranged to have the query referred to the Courts Service for direct reply to the Deputy.

Written Answers — Jury Service: Jury Service (30 Nov 2006)

Michael McDowell: Under the law as it stands in the Juries Act 1976, every citizen aged 18 years or upwards and under the age of 70 years is qualified and liable to serve as a juror. Persons excusable from jury service as of right include those aged 65 years or upwards and under the age of 70 years. Prior to the Act of 1976 the upper age was 65 years. While I have no proposals for change in this area, I can...

Written Answers — Education Services: Education Services (30 Nov 2006)

Michael McDowell: I understand the Immigration Division of my Department has recently been in correspondence with the person concerned. Upon receipt of the documentation requested, a decision will be made on the application.

Written Answers — Deportation Orders: Deportation Orders (30 Nov 2006)

Michael McDowell: I would refer the Deputy to the Reply I gave to his Dáil Question No. 86 of Thursday 26 October 2006. The status of the person concerned remains as set out in that reply.

Written Answers — Residency Permits: Residency Permits (30 Nov 2006)

Michael McDowell: I refer the Deputy to my replies to Parliamentary Question No. 187 of 1 June 2006 and Parliamentary Question No. 83 of 26 October 2006 in relation to the person concerned. The position remains as outlined in my reply of 1 June 2006, that is, I expect the file to be passed to me for decision in due course. The Deputy will appreciate that there is a large volume of files in the system and...

Written Answers — Residency Permits: Residency Permits (30 Nov 2006)

Michael McDowell: The person in question made an application for Family Reunification under Section 18 of the Refugee Act 1996 on behalf of his wife in May 2006. I have been informed by the Immigration Division of my Department that the Office of the Refugee Applications Commissioner submitted a report on the investigation to my Department in November 2006. Further clarification is being sought in connection...

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