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Garda Deployment. (7 Nov 2006)

Michael McDowell: I am informed by the Garda authorities that the statistical information requested by Deputy Murphy on Garda call outs is not readily available and could only be obtained by the expenditure of a disproportionate amount of Garda time and resources on examining each individual incident recorded during 2004 and 2005 to identify whether it resulted in an arrest. The Deputy will appreciate that it...

Garda Deployment. (7 Nov 2006)

Michael McDowell: I understand the Deputy's point. She is saying that if a local population believes it is under-policed and that, by making complaints, it will compile on paper a case for further gardaí to be allocated to its area, it might be tempted to make such complaints. However, the Commissioner must obviously adopt an objective approach and not just a view based on the fact that a certain group of...

Garda Deployment. (7 Nov 2006)

Michael McDowell: There is also a need to address the question of having gardaí engage in front-line policing activity rather than clerical duties and administrative tasks. Both of these approaches are being pursued relentlessly by the Commissioner and I. A reply, to be given later in this afternoon's proceedings, will show the pick-up in the rate of civilianisation. The Commissioner and I will announce...

Proposed Legislation. (7 Nov 2006)

Michael McDowell: The Privacy Bill implements a commitment contained in the agreed programme for Government of 2002 that the Government would, "in the context of a statutory Press Council and improved privacy laws, move to implement reforms of libel laws designed to bring them into line with those of other states". The recent judgment of the European Court of Human Rights in the Wainwright case is of interest...

Proposed Legislation. (7 Nov 2006)

Michael McDowell: I accept the general proposition that, as an academic principle, there is a right of privacy defended by the Constitution. I can advance an unfortunate proposition, however. In different circumstances, Deputy O'Keeffe and I might not be Members of this House — we might be sitting behind our desks dealing with legal issues. We might be contacted by a client who wants to know whether she...

Proposed Legislation. (7 Nov 2006)

Michael McDowell: That is right. Deputy Howlin has interrupted in a disorderly manner to point out that many lawyers would tell such a client that while she could sue, they could not guarantee that she would win. Deputy O'Keeffe asked about the origin of the Pauline conversion on my part. The report of the group chaired by Mr. Brian Murray SC evaluated a view which I have expressed previously, which is that...

Proposed Legislation. (7 Nov 2006)

Michael McDowell: The Murray group evaluated that proposition in the context of our obligations under the European Convention on Human Rights. Two things of importance have happened in the jurisprudence of Strasbourg. First, as a result of the Caroline von Hannover case, there is now a clear statement that any old set of privacy laws will not do.

Proposed Legislation. (7 Nov 2006)

Michael McDowell: Exactly. In addition, following the Murray report's evaluation of the two issues, we now have the Wainwright decision. The point that has just been made by the Deputy — that the provisions of Article 8 of the convention are enough — seems to have been canvassed before the European Court of Human Rights by British lawyers acting for the British state in that case. They were told by the...

Proposed Legislation. (7 Nov 2006)

Michael McDowell: ——it moves the matter forward and makes some form of protection necessary.

Proposed Legislation. (7 Nov 2006)

Michael McDowell: I would like to say, a Leas Cheann-Comhairle, that I am open to reasonable discussion with all relevant interests about the exact sequencing of the defamation and privacy legislation. I agree with the Deputy — there is a consensus to this effect in each of the Houses — that we should proceed with the day-to-day nitty-gritty of putting in place protections for ordinary people in their...

Proposed Legislation. (7 Nov 2006)

Michael McDowell: The press council may go a long way to achieving that end.

Crime Prevention. (7 Nov 2006)

Michael McDowell: The recent incidents in which bank workers, non-bank workers and their families have been held captive with a view to assisting robberies are clearly a cause of great concern. The phenomenon of tiger kidnappings has been translated from the paramilitary world into the ordinary criminal world. Determined criminals use any opportunity to further their illegal activities. The targeting of...

Crime Prevention. (7 Nov 2006)

Michael McDowell: I am suggesting the exact opposite. Any bank that does not take stern measures to deal with this threat is exposing its employees and the employees of other banks to this threat. There is no excusing corner-cutting by the banks on this issue.

Crime Prevention. (7 Nov 2006)

Michael McDowell: As the Deputy will appreciate, the majority of these raids have happened to deposit-taking institutions and banks. I have established a forum comprising the Garda Síochána, cash-holders and cash in transit companies to discuss these matters. I assure the Deputy that I do not blame the victims in tiger kidnappings. However, victims are made vulnerable if the systems are not in place to...

Crime Prevention. (7 Nov 2006)

Michael McDowell: Where somebody in authority in a bank knows that another employee is the subject of a tiger kidnapping, there must be a system for reporting this. The Deputy asked if I had made such protocols mandatory. The only method whereby I could make them mandatory is to make them a term of the licence of the banks licensed by IFSRA.

Crime Prevention. (7 Nov 2006)

Michael McDowell: I have discussed this option with the banks regarding the cash in transit issue. I have indicated to them that whereas the Private Security Authority can regulate the cash in transit industry, I see the banks responsibilities as being equally serious. I have also indicated that if voluntary adherence to codes of conduct were not sufficient, I would ask the Minister of Finance to instruct...

Garda Disciplinary Proceedings. (7 Nov 2006)

Michael McDowell: I regret that as the very grave incident referred to is the subject of ongoing disciplinary proceedings, I am not in a position to comment on the matter and it would be wrong of me to do so.

Garda Disciplinary Proceedings. (7 Nov 2006)

Michael McDowell: The disciplinary regulations are the subject of a consultation procedure and this has been advanced. The regulations which I modified following a series of representations made to me are a huge improvement on the old ones. It is not a matter of me clicking my fingers and stating my view. I must follow a consultation process with the Garda and statute also obliges me to consult the...

Garda Disciplinary Proceedings. (7 Nov 2006)

Michael McDowell: I cannot say, but as soon as they have been concluded, I will notify the Deputy and respond to any question that I might reasonably answer in those circumstances.

Garda Disciplinary Proceedings. (7 Nov 2006)

Michael McDowell: I regret to inform the Deputy that that is not so. I have been very clear in what I want in the regulations, but I must consult others. It would be very easy for me——

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