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Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: The Special Criminal Court will deal with many of these offences. Offences relating to firearms and other weapons are outlined in the Schedule, with reference to the Firearms Act 1925. Section 30 of that Act, dealing with the accommodation of firearms, requires amendment rather than the Criminal Justice Bill 2004. I say that jocosely, but having seen a presentation on the matter, the 1925 Act...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: What about scheduled offences?

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: I meant to compliment the Minister on the safeguards he included, particularly in regard to the Attorney General and the change in the definition. However, we have some problems with the proposal. If there was a review mechanism in the legislation, or something to say a second Special Criminal Court was established for a particular reason and that it will be done away with once that reason is...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: I understand a transfer will take place only if there is a backlog in one court and a case needs to be listed in the other court. I refer to subsection (7). The decision of a Special Criminal Court to transfer a trial is primarily unappealable. If one of the two Special Criminal Courts decides to transfer a case to the other one, the other court has no choice but to accept. It cannot appeal...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: Will the Minister answer my point about the second Special Criminal Court? Surely it would make sense to have a proper listing giving a balance between the two courts. The power is given in this legislation exclusively to a court to transfer to another court. The power is not given to that court to have any say in the matter, regardless of how unfair it might be or what its workload might be.

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: The Minister's response does not explain the matter. While I do not want to labour the point, the first court can transfer a case if it decides it would be in the interests of justice. However, the first court will be the only court consulted on the matter. How will the first court decide? Will it play tick-tack with the second court? Nothing in the Bill allows it to do so. Only the first...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Joe Costello: I am just trying to be helpful.

Written Answers — Medical Cards: Medical Cards (22 Feb 2005)

Joe Costello: Question 119: To ask the Tánaiste and Minister for Health and Children the reason a person (details supplied) in Dublin 9 has not been granted the medical card; and if she will make a statement on the matter. [5743/05]

Written Answers — Tribunals of Inquiry: Tribunals of Inquiry (22 Feb 2005)

Joe Costello: Question 304: To ask the Minister for Justice, Equality and Law Reform if the Government has accepted all the recommendations (details supplied) made in the first report of the Morris tribunal; the progress made to date in implementing these recommendations; and if he will make a statement on the matter. [5682/05]

Written Answers — Tribunals of Inquiry: Tribunals of Inquiry (22 Feb 2005)

Joe Costello: Question 319: To ask the Minister for Justice, Equality and Law Reform if the Government has accepted all the recommendations made in the first report of the Morris tribunal, including the need for a more proactive role for Garda headquarters in the management of Garda divisions; the need for improved recording and reporting of incidents; the restoration of the practice of members of...

Written Answers — Prisoner Releases: Prisoner Releases (22 Feb 2005)

Joe Costello: Question 309: To ask the Minister for Justice, Equality and Law Reform when he proposes to release a person (details supplied); and if he will make a statement on the matter. [5738/05]

Written Answers — Irish Prison Service: Irish Prison Service (22 Feb 2005)

Joe Costello: Question 310: To ask the Minister for Justice, Equality and Law Reform the number of persons who visited Mountjoy Prison in 2004; the number of prisoners admitted to Mountjoy in 2004; the number of prisoners released from Mountjoy in 2004; the number of prisoners transferred from Mountjoy in 2004; the number of prisoners taken out of the prison for emergency services such as hospital care in...

Written Answers — Abbey Theatre: Abbey Theatre (17 Feb 2005)

Joe Costello: Question 19: To ask the Minister for Arts, Sport and Tourism if he has had any meetings with the new director designate of the Abbey Theatre to discuss the future of the national theatre; and if he will make a statement on the matter. [5322/05]

Written Answers — Abbey Theatre: Abbey Theatre (17 Feb 2005)

Joe Costello: Question 34: To ask the Minister for Arts, Sport and Tourism when he will make a decision on the re-location of the Abbey Theatre; if he will report on the sites now being considered; and if he will make a statement on the matter. [5323/05]

Criminal Justice Bill 2004: Second Stage (Resumed). (17 Feb 2005)

Joe Costello: Cuirim fáilte roimh an Aire innu freisin ach ní chuirim fáilte roimh an Bhille seo. Bille tábhachtach atá ann ach tá baraíocht moltaí istigh ann atá contúirteach i dtaobh cearta an tsaoránaigh. Mar shampla, is féidir duine a cheistiú i staisiún Gharda go ceann 24 uair. Beidh barántás cuardaíochta ar fáil ag na gardaí ó ghardaí eile agus beidh siad in ann sampla DNA a...

Criminal Justice Bill 2004: Second Stage (Resumed). (17 Feb 2005)

Joe Costello: I must say that when the Minister does it, he does it. Some 22 pages in 45 minutes, as Gaeilge, was certainly over and above the call of duty. A Bill that is likely to contain amendments which will be in excess of the substance of the original text is not the way to do business. The Minister has a penchant for introducing a Bill and then producing a range of ancillary and miscellaneous...

Criminal Justice Bill 2004: Second Stage (Resumed). (17 Feb 2005)

Joe Costello: Ours is a sovereign State with a Constitution and we have signed up to the European Convention on Human Rights. Mainland Europe and Britain were engulfed in two world wars in the 20th century. We have not experienced civil strife for over 80 years. It is time we faced up to our status as a free, sovereign, democratic State and stopped behaving as a nation under siege from within and without....

Criminal Justice Bill 2004: Second Stage (Resumed). (17 Feb 2005)

Joe Costello: That is the specified amount. There is no further indication to the judge.

Criminal Justice Bill 2004: Second Stage (Resumed). (17 Feb 2005)

Joe Costello: The Minister could have provided for an alternative. In any case, it is now a criminal offence. Moreover, which judge will listen to a young man or woman who has not paid the fine originally imposed by the garda in the middle of the night?

Criminal Justice Bill 2004: Second Stage (Resumed). (17 Feb 2005)

Joe Costello: Whose word is likely to be taken in such a situation?

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