Results 7,381-7,400 of 18,728 for speaker:Michael McDowell

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

Michael McDowell: It is a matter of judgment. For instance, there are lawyers on the Refugee Appeals Tribunal, since deciding who is entitled to protection under the Geneva Convention is a complex process. If one is listening to a proposal that someone's remission, which can be up to a quarter of his or her sentence, be forfeit because of an incident, one should have a very clear grasp of the law, since I...

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

Michael McDowell: Its members are entirely capable of making blunders, but it is supposed to be notable when they do so. One cannot ask laypeople to become expert in the law solely to decide such issues. I do not have unshakeable faith that no lawyer will ever make a mistake. There is no doubt that lawyers will make mistakes and, in such cases, there will be a judicial review. A lawyer, however, is less...

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

Michael McDowell: Amendment No. 45 inserts the word "any" before "aspects of the environment likely to be significantly affected". This precision is necessary because it is possible that a proposed development might have no significant adverse effects on the environment. Amendment No. 46 adds "cultural heritage" to the list of those aspects of the environment likely to be significantly affected by a proposed...

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

Michael McDowell: The built environment is cognisable under the provisions of the section, as amended. In regard to the Senator's question on oral hearings, I wish to clarify that the procedure outlined in this Bill does not involve the Minister making the final decision. Part 4 applies to a particular development where the Minister directs that it should do so. Such a direction is deemed to be a statutory...

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

Michael McDowell: It is very similar but I will not certify it off the top of my head. It is the same territory.

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

Michael McDowell: I accept the amendment.

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

Michael McDowell: Senator Henry has tabled a proposal to extend the audio-visual provisions in section 33 to persons detained. I would like to examine the implications of such a move, the question of prison transport and the implications of extending the concept of "prisoner" to the categories of persons to whom she referred between now and Report Stage. This has negative and positive implications and far be...

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

Michael McDowell: However, I must reflect further on this and I am grateful to Senator Henry for raising the issue. I cannot accept amendments along those lines now.

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

Michael McDowell: With regard to the proposal that the Oireachtas and not the Government should decide the contracts, the Attorney General's office advises that a decision in this regard is most suited to the Executive. Amendments Nos. 7 to 9, inclusive, insert additional conditions on the performance of functions by a prison custody officer, including that he or she must demonstrate respect, ensure the...

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

Michael McDowell: There is middle ground between myself and the Senator. Section 6(7)(b) states that a condition of the certificate is that the custody officer complies "with the provisions of this Act and any prison rules relating to the treatment of prisoners in custody". I can apply any rules I want in the area to guarantee the safety and welfare of prisoners. It is not as if they are excluded from the...

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

Michael McDowell: Custody officers must receive training, as appropriate, under the legislation. Every prison custody officer will not have to be a fully trained psychiatric nurse.

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

Michael McDowell: It depends. For example, a prisoner suffering from schizophrenia could be moved from a prison to a psychiatric hospital and it may not be appropriate or practical to have him or her accompanied by an officer with psychiatric training. We cannot have a situation in which someone cannot be moved and must be left untreated because a person with psychiatric training is unavailable at the time....

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

Michael McDowell: No.

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

Michael McDowell: I do not propose to impose upon the custody officers a degree of training or skills that I would not impose on an ordinary prison officer asked to do the same function. No additional danger is posed by the fact that a person is being dealt with by a prisoner custody officer rather than by an ordinary prison officer. Section 6(6)(c) requires that the person "has undergone such course of...

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

Michael McDowell: Amendment No. 11 proposes that the definition of "applicant" would also include a person who makes an application for a certificate on behalf of another person. The current definition makes it clear that "applicant" includes a person who applies for a certificate and a person on whose behalf someone else applies for a certificate. The original wording is broad enough to address an applicant....

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

Michael McDowell: I will not accept the amendment. During the course of the debate on the Garda Síochána Act in the Lower House, Deputy Jim O'Keeffe pointed out that the phrase "the Garda Síochána" was used extensively in the original 1920s legislation. He stated that what was good enough for Kevin O'Higgins was good enough for him, which will have a strong effect on Senator Cummins.

Written Answers — Garda Vetting Services: Garda Vetting Services (28 Nov 2006)

Michael McDowell: I am informed by the Garda authorities that the processing time within the Garda Central Vetting Unit (GCVU) in respect of valid applications for Garda vetting received from the Health Service Executive (HSE) is four weeks. Any further time frame involved in the filling of posts for which vetting is required is solely a matter for the recruiting organisations, which are aware of this Garda...

Written Answers — Legislative Programme: Legislative Programme (28 Nov 2006)

Michael McDowell: I can inform the Deputy that the auctioneering profession is currently regulated under the Auctioneers and House Agents Acts 1947 to 1973. Following from the recommendations of the Auctioneering/ Estate Agency Review Group, work is underway on new legislation, the Property Services Regulatory Authority Bill, which will modernise the regulatory framework in this area and extend it to...

Written Answers — Missing Persons: Missing Persons (28 Nov 2006)

Michael McDowell: In relation to the specific matter raised by the Deputy, there are no current plans to proceed along the lines proposed. As I have stated in the past, the Government is committed to developing North/South co-operation across a full spectrum of areas and we will continue to promote closer cooperation between the two jurisdictions wherever it will prove beneficial to the people of this island....

Written Answers — Registration of Title: Registration of Title (28 Nov 2006)

Michael McDowell: As the Deputy will be aware, under the provisions of the Registration of Deeds and Title Act 2006, the Property Registration Authority was established as and from 4 November, 2006. The Property Registration Authority replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the...