Results 7,361-7,380 of 18,728 for speaker:Michael McDowell

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: These Houses are free to discuss what they wish. As long as reports are made public it is up to the Members of this and the other House and the separate committees of the Houses to decide what they will discuss. In this new age of transparency, a vast amount of reports are submitted to the Houses of the Oireachtas, including reports on the conditions of nursing homes, and reports on the...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I should have stated earlier that if I were to require that it be a function of the inspector to examine individual complaints, he would be inundated with complaints, he would do little more than act as a one-man prison visiting committee and his office would not function. The report required is systemic in nature and the inspector will have the right to examine the conditions of individuals...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I want to examine this issue. The Senator will be aware that there is a misprint in the amendment, which refers to the "Criminal Law (Insanity) Act 2003". The Act was not passed until this year, so it should read "Criminal Law (Insanity) Act 2006". However, her suggestion that this matter be considered is not bad and between now and Report Stage I will consider whether power should be...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I am accepting amendment No. 65. It is a worthwhile suggestion that it should be an ordinary event that a notice should be served on the relevant people. Supposing, however, for some reason this not done and there was no prejudice to the prisoner. In such circumstances, a degree of flexibility would be required. If a person in the court office forgot to send the notice to a prisoner and...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I will examine the matter. There may be some force in the Senator's argument.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: This amendment is intended to clarify the provision. As it stands, the section lists those applications in respect of which the video link facility can be used. It goes on to specify that it can be used in any other application, appeal proceedings or subsequent proceedings. The word "other", as it appears in the relevant subsection, is meaningless. To state that a video link can be used...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: It is stated "diets" would be grammatically incorrect but I think it is correct. I concur with both Senators and I accept their amendments.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: This is tabled on the advice of the Attorney General. The amendment provides a statutory basis for the entry to a prison of members of the Garda Síochána so that they can carry out their duties. While nothing in law prevents gardaí from so doing and they already enter prisons, say, to identify a suspect, the view of the Attorney General is it would be beneficial to include a specific...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: Section 19 of the Criminal Justice (Miscellaneous Provisions) Act 1997 contains a rule making provision for prisons. Section 19(8) provides that any rules under previous provisions of Acts, parts of which have been repealed, still stand. This was included when the 1947 rules were made and there were older provisions. While the Bill will provide for new prison rules to be made, the old...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I will examine all these amendments before Report Stage to ensure the legitimate issues raised are accommodated.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I cannot accept the proposal in amendment No. 14 that a prison custody officer not be allowed to perform the function pending a decision relating to a complaint. That would mean prisoners could effectively wipe out prison custody officers by making complaints. If such a provision were applied to prison officers at the moment we would have chaos in our prisons. It does not make any sense to...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I have considerable sympathy for Senator Tuffy's earlier amendment but the Parliamentary Counsel was not keen for me to accept it. However, I can see its force and, between now and Report Stage, I will look at it again and consider if the rules referred to are those in force at a material time rather than any which might have been repealed. It may depend on the Interpretation Act and I do...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I never leak information. If I disclose information it is in full conformity with the Official Secrets Act. One of the functions vested in a Minister is to determine whether to release information in the public interest under that Act. I am accountable to Dáil Éireann for the way I carry out my duties and perform my functions. I emphasise that I do not leak information. The Senator's...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I do not intend to accept the amendment. There is a Freedom of Information Act and if information is appropriate to be put in the public domain, in other words, if it does not contain security or confidential material, it will be available in that way. I cannot simply state that every report on every contractor in every circumstance goes into the public domain, any more than I would state...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: This section provides that an officer of the Minister is to monitor the performance by a contractor of his or her functions. A person appointed as a monitor "shall, not later than 31 March in each year, prepare and submit a report to the Minister on the performance by a contractor of his or her functions under an agreement in respect of the year immediately preceding the year in which the...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: With regard to amendment No. 24, I prefer to retain the word "may" because it allows flexibility with regard to matters which might or might not be appropriate procedures and how I establish them and lay them down. While the section does not necessarily require rules, it makes possible the introduction of rules to address these issues. I am favourably disposed towards amendment No. 25 and,...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: I am sympathetic to the Senator's argument and will consider an extension to other cognate disciplines.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: Amendments Nos. 32 to 44, inclusive, deal with appeals relating to disciplinary sanctions. Amendment No. 32 proposes that a prison may, within seven days of a decision of an appeals tribunal upholding a sanction, appeal the decision to the Minister. I do not propose to accept this amendment because the appeals tribunal created under this legislation is independent in the exercise of its...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: It is important that such bodies be seen to be independent and quasi-judicial and that persons sitting on them be such that one might expect of them an understanding of the law regarding the European Convention on Human Rights, fair procedures, natural justice, constitutional principles and so on. Such concepts are valuable in this context. I would not like to say too much about former...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Michael McDowell: We do not want to deal with the psychiatric profession through such stereotypes. However, if we are to establish an independent, quasi-judicial system to replace what currently obtains, which is that there is virtually no possibility of appeal, it would be better to do so using someone expected to have due regard to legality and who knows his or her way around such things as the European...