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Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: These three amendments aim at the idea that the public areas of Garda stations should be subject to video surveillance. I have no difficulty with the principle of this proposal. If we require, as many District Judges do, licensees of licensed premises which open late to install CCTV, and have it on many buses and the Luas, which goes past my house and which I use, I have no major problem with...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: To some extent, banks and places of entertainment could do much more videoing and external surveillance in the immediate precincts of their premises to stop cash in transit incidents from taking place. There are some privacy issues. In general terms, I favour Deputy Ó Snodaigh's argument that we should have the keeping of a good record as a medium-term aim. We also need to consider whether...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I know. There are cases in which people who are brought to Garda stations and charged with crimes are told by their cohorts or bosses in crime that they have to demand a copy of the interview tape from the Garda. The crime bosses want the tapes so they can ensure that those who were interviewed did not squeal on other people who were involved in the offence. There are legitimate circumstances...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Yes, but it is not that easy to protect them.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I appreciate that. If we provide for a mechanism whereby it can be stated that a tape will not be supplied in particular cases, in the interests of the accused person, we will raise the immediate implication that he or she is hiding something from the people who are putting pressure on him to get the tape so they can look at it. It is a difficult question. I do not have a 100% solution to it....

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: A fraction of them are used for people who are taken into custody.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Failure to record an interview without reasonable excuse and in circumstances where there was a direction by the Garda Síochána that the interview should be recorded would constitute a Garda disciplinary matter. The disciplinary regulations of the Garda would be the appropriate way to deal with the matter.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: When this issue was discussed on Committee Stage, I said I would reflect on it. I have come to the conclusion that what I should do is communicate the two proposals and the debate we have had on them to the Law Reform Commission for it to examine the matter.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Yes. I trust I can be disorderly and mention the next amendment. The substance of both amendments will be communicated to the Law Reform Commission so that it can examine these propositions. A number of issues arise. First, let us suppose there was a case involving a gangland killing or somebody was taken into a romper room and shot in the head and, after some effort to extract a statement——

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: ——-it later transpired that not only had some gang boss shot somebody, he had also videotaped it. The same could apply to sexual crimes. Following a heavily contested case that ended in an acquittal, if eventually some accomplice of the baddie, so to speak, produced the video to the police, in those circumstances I tend to agree with Deputy Howlin that public opinion would be pretty...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I just wonder if the Deputy would wish it to be retrospective as well.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I do not know if there is a constitutional impediment.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: That is a matter I would like to consider. Clearly, at the moment an acquittal is an acquittal but could it be said that from now on acquittals are not absolute acquittals in the sense that they are subject to this process, or would one say, from now on and also in respect of previous acquittals, the same test will apply? Undoubtedly, the Attorney General would have a view on that. It is a...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: That is a debatable issue one way or the other. It does not really matter. These are two most interesting proposals and they should go to the Law Reform Commission for consideration. The commission should have the benefit of knowing what was said on Committee and Report Stages on this matter. In the circumstances, I would indicate in regard to amendment No. 62 that this is what I propose...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I could give the Deputy my personal views, but I should speak to my Government colleagues before I take any position.

Written Answers — Criminal Prosecutions: Criminal Prosecutions (27 Jun 2006)

Michael McDowell: I regret that it has not been possible in the time available to obtain the information requested by the Deputy. I will be in touch with the Deputy in relation to this matter when it becomes available.

Written Answers — Garda Equipment: Garda Equipment (27 Jun 2006)

Michael McDowell: I propose to take Questions Nos. 427 to 430, inclusive, and 474 together. I am informed by the Garda authorities that in 2005 a total amount of €14,283,000 was collected through the Garda Vote for offences committed under the Road Traffic Acts. This covers all offences under the Road Traffic Acts for which fines were collected. It is not possible to state precisely the exact amount...

Written Answers — Prison Drug Treatment Services: Prison Drug Treatment Services (27 Jun 2006)

Michael McDowell: I propose to take Questions Nos. 431, 432 and 477 together. The new Irish Prison Service Drugs Policy and Strategy, entitled Keeping Drugs Out of Prisons, was launched on 2 May last. This new policy fulfils the commitment in the Programme for Government to publish a plan to end all heroin use in Irish prisons as well as my own commitment to achieving a drug-free prison system. Working to...

Written Answers — Residency Applications: Residency Applications (27 Jun 2006)

Michael McDowell: An application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in April 2005. Applications are dealt with in chronological order and officials in my Department have recently corresponded with the person in question in order to further process the application for residency. The case is currently under active consideration. A...

Written Answers — Garda Recruitment: Garda Recruitment (27 Jun 2006)

Michael McDowell: The Agreed Programme for Government between Fianna Fáil and the Progressive Democrats states "we will complete the current expansion of the Garda Síochána and increase recruitment so that the numbers will increase by a further 2,000." I have been informed by the Garda authorities that the personnel strength of An Garda Síochána increased to a record 12,641 (all ranks) on Thursday 8 June...

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