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Garda Disciplinary Proceedings. (7 Nov 2006)

Michael McDowell: The deadline reflected my expectation at the time, but I cannot simply click my fingers and declare the process of consultation over as I must ensure that I am being fair. The Deputy will appreciate that, as Mr. Justice Morris said in his tribunal report, the current procedure is like that for a murder trial but for relatively small infractions of the disciplinary code. I must sweep all...

Garda Disciplinary Proceedings. (7 Nov 2006)

Michael McDowell: I have made a great deal of progress. One must show a little determination to achieve things. The disciplinary code, which had been allowed to grow ever more complex, like the procedure for a murder case, is now the subject of regulations that have been circulated, and I intend to sign them.

Garda Disciplinary Proceedings. (7 Nov 2006)

Michael McDowell: Yes, but there has been consultation on their exact content and modification to ensure that they are fit for purpose. If it takes another few weeks to reach agreement, I am happy to take that extra time.

Garda Disciplinary Proceedings. (7 Nov 2006)

Michael McDowell: I do not wish to comment on the individual case, but there is a system of sergeants and inspectors whose functions include ensuring that people are at their post, are sober and so on. It goes without saying that if any superior officer had any inkling that an incident of that kind was taking place, he or she would have acted immediately. The circumstances were extremely unusual and most...

Graffiti Offences. (7 Nov 2006)

Michael McDowell: As the Deputy will be aware, primary responsibility for cleaning graffiti rests with local authorities under the Litter Pollution Act 1997.

Graffiti Offences. (7 Nov 2006)

Michael McDowell: Yes, and I congratulate the Deputy on its introduction. However, earlier this year my Department, in conjunction with the Department of the Environment, Heritage and Local Government and the Department of Community, Rural and Gaeltacht Affairs initiated a pilot project, the GRO initiative, aimed specifically at combating graffiti in Dublin city, Galway city and Bray, County Wicklow. The...

Graffiti Offences. (7 Nov 2006)

Michael McDowell: My experience has been that even in very well policed areas, those who term themselves "graffiti artists", whom I call "graffiti vandals", will carry out their work. Second, I am not inclined to agree with the proposition that there are legitimate and illegitimate graffiti. The fact that some vandals are technically more skilled than others does not excuse what they do. If there is a call...

Graffiti Offences. (7 Nov 2006)

Michael McDowell: I do not accept that frustration at the lack of amenities leads a person to purchase various cans of spray paint, to spend a night mapping out his or her proposed work of graffiti and to return to complete it on another occasion. I do not think this represents a cry for help regarding the provision of more swimming pools. I do not accept that proposition.

Graffiti Offences. (7 Nov 2006)

Michael McDowell: If the Deputy is observant, he will know that such works are mapped out one week and completed at a later stage.

Crime Levels. (7 Nov 2006)

Michael McDowell: I am informed by the Garda authorities that there have been 16 murders with firearms from the beginning of the year to 6 November. I am also informed that detections have been made in seven of these cases, with proceedings commenced in four. All killings regardless of the circumstances involved, are the subject of rigorous investigations by the Garda authorities. The identification of the...

Crime Levels. (7 Nov 2006)

Michael McDowell: It is thanks to Deputy Jim O'Keeffe.

Crime Levels. (7 Nov 2006)

Michael McDowell: Mandatory minimum sentences were introduced on 1 November. That is why the weapons amnesty expired the previous day. Such sentences are now contemplated under the law and I look forward to their being vigorously imposed by members of the Judiciary to whom it falls to implement the new law. I agree with the Deputy that people, particularly those involved in gangland situations, seem to...

Written Answers — Coroners Service: Coroners Service (2 Nov 2006)

Michael McDowell: The circumstances under which a death is reported to the relevant coroner falls within the jurisdiction of that coroner, being a quasi judicial authority charged with the independent investigation of death. Similarly, it is a matter for the coroner to determine what information regarding a death he or she requires in order to carry out this function. I have no role in this process but I...

Written Answers — Citizenship Applications: Citizenship Applications (2 Nov 2006)

Michael McDowell: The reference number provided by the Deputy is a generic number assigned to persons who have submitted application forms for naturalisation which are defective in some way. These forms are returned to the applicants either for amendment or for resubmission of freshly completed application forms, depending on the nature of the defect. In the absence of more details including the name of the...

Written Answers — Tribunals of Inquiry: Tribunals of Inquiry (2 Nov 2006)

Michael McDowell: Approximately 70 members and former members of the Garda Síochána are not represented by the State either because they have so elected or where their actions are considered by the Garda Commissioner to be clearly in conflict with their positions as members of the Garda Síochána from the outset. The State reimburses the legal costs of individuals including members of the Garda Síochána...

Written Answers — Tribunals of Inquiry: Tribunals of Inquiry (2 Nov 2006)

Michael McDowell: The information sought by the Deputy is set out in the following table. The details are up to and including the 31 October 2006. Department Legal Team 2002 2003 2004 2005 2006 € € € € € Mr. Paul O'Higgins S.C. 41,460.00 36,780.00 77,611.00 30,492.00 105,958.76 Mr. Fergal Foley BL 26,015.00 25,908.00 51,280.00 59,969.00 41,900.96 Ms Mary Kerrigan BL — 46,224.00 3,575.00 — —

Written Answers — Crime Prevention: Crime Prevention (2 Nov 2006)

Michael McDowell: I can inform the Deputy that it is an offence, under Section 21 of the Street and House to House Collections Act, 1962, for a person to wrongfully interfere, whether by using violence or intimidation or otherwise, with the holder of a legitimate collection permit engaged in a collection in respect of which that authorisation was granted. Allegations of criminal activity, whether under this...

Written Answers — Pre-Nuptial Agreements: Pre-Nuptial Agreements (2 Nov 2006)

Michael McDowell: Following recent Government approval of my proposal, I expect to announce the composition of the working group on pre-nuptial agreements in the coming weeks. The group will consist of a small number of experts in family law and will include representatives of my Department and the Attorney General's Office. The group will study the operation of the law in this area and will be asked to report...

Written Answers — Citizenship Applications: Citizenship Applications (2 Nov 2006)

Michael McDowell: An application for a certificate of naturalisation on behalf of the person in question, who is a minor, was submitted by his mother to the Citizenship Section of my Department on 10 August 2006. Due to the fact that applications on behalf of minors generally require less processing than standard adult applications, it is usually possible to finalise them more quickly. Based on current...

Written Answers — Garda Stations: Garda Stations (2 Nov 2006)

Michael McDowell: I am informed by the Garda Authorities that it was not possible to provide the information sought in the time available. As soon as the information is to hand I will be in further contact with the Deputy.

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