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Written Answers — Garda Reserve: Garda Reserve (3 Oct 2006)

Michael McDowell: The Garda Síochána (Reserve Members) Regulations 2006 were approved by Government in July 2006. Following this, a nationwide advertising and recruitment campaign for both Garda Reserve trainees and full-time Garda trainees was launched on 14 August 2006. The recruitment campaign for full-time trainees closed on 19 September 2006. Recruitment for the Garda Reserve will continue...

Written Answers — Garda Disciplinary Regulations: Garda Disciplinary Regulations (3 Oct 2006)

Michael McDowell: In the Garda Síochána Act, 2005, I have made detailed provisions for the making of Disciplinary Regulations for the Garda Síochána. In its report earlier this year, the Garda Síochána Act Implementation Group, chaired by Senator Maurice Hayes, acknowledged the requirement for changes to the Garda disciplinary regulations to coincide with the coming into operation of the Garda Ombudsman...

Written Answers — Irish Prison Service: Irish Prison Service (3 Oct 2006)

Michael McDowell: I presume the Deputy is referring to the Fourth Annual Report of the Inspector of Prisons and Places of Detention and the Report of the Inspection of Cloverhill Prison which were published by me in August, 2006. At the outset I would like to recall that these reports coincided with a period of profound change in the Prison Service during which the decades long problem of dependency on...

Written Answers — Sexual Offences Legislation: Sexual Offences Legislation (3 Oct 2006)

Michael McDowell: In my response to Parliamentary Question, reference No. 22200/06 on 8 June 2006, I undertook that my Department would co-operate in every possible way, including the implementation of any new communications or consultation arrangements, with the examination of the Attorney General's Office by an official from the Department of Finance which was then due to take place. Arising out of that...

Written Answers — Garda Recruitment: Garda Recruitment (3 Oct 2006)

Michael McDowell: In August 2005, my Department received a submission from the Garda Commissioner on the resourcing requirements of An Garda Síochána. The submission was based on the Commissioner's analysis of the policing challenges facing An Garda Síochána in the medium and longer term, including the implications of demographic change, the need to continue to combat crime and terrorist threats, and the...

Written Answers — Prison Medical Service: Prison Medical Service (3 Oct 2006)

Michael McDowell: I propose to take Questions Nos. 156 and 192 together. The Deputy will be aware that, subject to the Criminal Law (Insanity) Act, 2006, the decision whether or not to commit an accused person or a convicted person to prison is a matter for the Courts. The Criminal Law (Insanity) Act, 2006, provides that where a question of fitness to be tried arises, the court may in certain circumstances...

Written Answers — National Archives: National Archives (3 Oct 2006)

Michael McDowell: I can inform the Deputy that my Department has always taken its obligations under the National Archives Act, 1986 very seriously, including of course the general obligation to transfer records that are over 30 years old. The Act does, however, provide that certain records which are over 30 years old may nevertheless be withheld from transfer on grounds specified under the Act. These grounds...

Written Answers — Policing Authority: Policing Authority (3 Oct 2006)

Michael McDowell: I am aware of the view expressed by the former Vice-Chairman of the Northern Ireland Policing Board advocating the establishment of a similar policing authority in this jurisdiction. The perceived advantage of such an authority is that it interposes an additional layer of independent accountability between the political process and the management of An Garda Síochána. The idea of such an...

Written Answers — Criminal Prosecutions: Criminal Prosecutions (3 Oct 2006)

Michael McDowell: Irish law relating to prosecution appeals has been the subject of scrutiny in recent times. As the Deputy may be aware, in this jurisdiction there exists only a limited prosecution right of appeal against an acquittal. This situation has its origins in the common law rule against double jeopardy, i.e. that no-one should be tried twice for the same offence. The existence of this rule does...

Written Answers — Proposed Legislation: Proposed Legislation (3 Oct 2006)

Michael McDowell: Deputies will be aware that I recently referred the Scheme of the proposed Immigration, Residence and Protection Bill to the Office of the Parliamentary Counsel for drafting. The Scheme has been circulated to members of both Houses and has been sent to the Human Rights Commission for its observations. It has also been published on my Department's website and my Department has put in place a...

Written Answers — Juvenile Offenders: Juvenile Offenders (3 Oct 2006)

Michael McDowell: I propose to take Questions Nos. 161 and 191 together. The Irish Prison Service has responsibility for 16 and 17 year old children who have been ordered to be detained by the Courts, the majority of these are male and detained in St. Patrick's Institution which accommodates 16 to 21 year olds. In addition, each of the prisons in the State can accommodate persons aged 17 years and over and...

Written Answers — Garda Equipment: Garda Equipment (3 Oct 2006)

Michael McDowell: The Garda authorities advise me that 131 Garda stations have audio/video-recording interview equipment out of a total of 703 Garda stations. It was never the intention that all Garda stations would be equipped to carry out audio/video recording of interviews. Indeed, most Garda stations are not used for detention and interviews. Rather the intention was that a sufficient number of...

Written Answers — Prison Accommodation: Prison Accommodation (3 Oct 2006)

Michael McDowell: The total number of prisoners in custody on 28 September, 2006 was 3,158 compared to a bed capacity of 3,383. This represents an occupancy level of 93%. There is no overcrowding crisis or immediate issue relating to the capacity of the prison system. There is consequently no need for the widespread use of early release simply to ease overcrowding levels. This is in stark contrast to the...

Written Answers — Immigration Policy: Immigration Policy (3 Oct 2006)

Michael McDowell: The Scheme of the Immigration Residence and Protection Bill, which I published recently, makes provision for a new and integrated framework for the effective management of migration to the State. An integral part of that framework will be the ability to make and publish statements of the Government's immigration policy in relation to any aspect of immigration including, where necessary,...

Written Answers — Crime Levels: Crime Levels (3 Oct 2006)

Michael McDowell: I am informed by the Garda authorities that there have been 16 murders with firearms since the beginning of this year to 30 September. All killings regardless of the circumstances involved are the subject of a rigorous investigation by the Garda authorities. I am informed that Garda management analyses available intelligence and selects targets involved in serious criminal activity,...

Written Answers — Garda Traffic Corps: Garda Traffic Corps (3 Oct 2006)

Michael McDowell: The Deputy will be aware that I announced the establishment within the Garda Síochána of the Traffic Corps on 23 November, 2004. A Strategic Review of Traffic Policing was also published on that date. In line with the recommendations contained in that review an Assistant Commissioner Traffic was appointed on 22 February 2005. The Assistant Commissioner in charge of Traffic has been tasked...

Written Answers — Community Policing: Community Policing (3 Oct 2006)

Michael McDowell: I propose to take Questions Nos. 167 and 184 together. The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of the committees is to provide a forum where a local authority and the senior Garda officers responsible for the policing of that area, with the participation of Oireachtas members and...

Written Answers — Prison Death Inquiry: Prison Death Inquiry (3 Oct 2006)

Michael McDowell: As the Deputy is no doubt aware, I have appointed Mr Michael Mellett to carry out an independent inquiry into the circumstances surrounding the tragic death of Mr Gary Douch while in custody in Mountjoy Prison and in particular: to establish what action was taken by the Irish Prison Service, management and staff to safeguard Mr Douch; to clarify whether Mr Douch had expressed special concerns...

Written Answers — Garda Deployment: Garda Deployment (3 Oct 2006)

Michael McDowell: I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 12,762 on Friday 8 September following the attestation of 249 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase...

Written Answers — Garda Vetting Services: Garda Vetting Services (3 Oct 2006)

Michael McDowell: I propose to take Questions Nos. 170, 241 and 246 together. As a means of promoting the safety and security of vulnerable client groups, the Garda Central Vetting Unit (GCVU), in liaison with the Health Service Executive (HSE), formerly the Health Boards, has made and continues to make available criminal history vetting in respect of all prospective employees of children's residential...

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