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Sexual Offences. (8 Jun 2006)

Michael McDowell: I accept the Deputy's criticisms but I regard the matter as one of great urgency to bring the matter to a conclusion. The 1992 Act made the introduction of this material contingent on the availability of the person for cross-examination. It is not an alternative to cross-examination if an absolute precondition of the introduction of such evidence is that the person can be cross-examined...

Sexual Offences. (8 Jun 2006)

Michael McDowell: I hope so.

Deportation Orders. (8 Jun 2006)

Michael McDowell: Since January 2002, 23 charter flights have been engaged for the purposes of removing persons illegally residing in the State. Some 723 persons were removed in this way at a total cost of €3,150,073. Details of these charter flights are set out in the table.

Deportation Orders. (8 Jun 2006)

Michael McDowell: ——deportations. There is a new EU initiative on sharing the costs of flights and co-operation in organising such flights. The figures are often disappointing to the GNIB and one of the problems is that those who are arrested to be deported gain access to lawyers who commence judicial review proceedings. Members may have heard about a family making an application to the High Court for...

Deportation Orders. (8 Jun 2006)

Michael McDowell: It is strange that people were deported without their being recorded. Perhaps they came to Ireland at the age of 16 and left at 19——

Deportation Orders. (8 Jun 2006)

Michael McDowell: I would not use the term "numbing", but I find it strange. I ask the Deputy not to be numbed by this information.

Deportation Orders. (8 Jun 2006)

Michael McDowell: I agree the information should be available but I note from the information in the table that no clarification has been added. Deputy Howlin asked how to decide between a commercial and a charter flight. Depending on the nature of a passenger on a commercial flight, a garda may have to be handcuffed, or in close proximity, to the passenger.

Deportation Orders. (8 Jun 2006)

Michael McDowell: It is in case he or she becomes disruptive on the plane. One immigration officer had his arm broken by a person resisting deportation. Disruptive passengers may necessitate flights to be grounded and arrests made. The views of other passengers must be taken into account, especially on long-haul flights, if a significantly disruptive passenger is on a plane. It is not an exact science but the...

Deportation Orders. (8 Jun 2006)

Michael McDowell: Any person in danger of violence etc. in the host country is entitled to resist deportation on refoulement grounds. If somebody is brought from Dublin to Lagos, for example, by airplane, arrangements are made by an advanced party of gardaí for reception and processing in Lagos. Arrangements are made for overnight accommodation for such people if they so wish. After that, these people are in...

Deportation Orders. (8 Jun 2006)

Michael McDowell: My experience is that 16 year olds and 17 year olds who come in from a number of these states, and one state in particular, have crossed half the world to get here. Very frequently the account given shows a considerable degree of independence of mind on their part. Their histories show that these are functioning people with a good appreciation of their whereabouts etc. Once a person is of...

Independent Inquiries. (8 Jun 2006)

Michael McDowell: The independent statutory inquiry process established by me pursuant to section 12 of the Dublin Police Act 1924, as applied and amended, has been under way for some time following the appointment of Mr. Hugh Hartnett, SC, on 14 September 2005 to conduct it. Mr. Hartnett decided that the inquiry was to be held in private and he is not, under his terms of reference, required to report to me on...

Independent Inquiries. (8 Jun 2006)

Michael McDowell: I am aware of some press coverage of the kind the Deputy referred to, and some of it has not been completely fair. As I understand it, the particular incident coming before the District Court occurred at a time before there was public controversy relating to the Brian Rossiter case. That was not brought to the public's attention in the press reportage. The public dimension to the case came...

Health Services. (8 Jun 2006)

Michael McDowell: I am taking this matter on behalf of the Tánaiste and Minister for Health and Children. Under the Health Act 2004, the Health Service Executive has responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. The Department has been advised by the HSE that the allocation in 2006 for the north-east hospital network is €216 million....

Deportation Orders. (8 Jun 2006)

Michael McDowell: I refer the Deputy to the replies I gave to Questions Nos. 84 to 88, inclusive, of 10 May 2006, 190 of 4 May 2006 and 470 of 3 May 2006. There is no provision in Irish law for the automatic deportation or judicially ordered deportation of a non-national who has committed a criminal offence. In this respect our system is somewhat different from that which operates in the United Kingdom and...

Deportation Orders. (8 Jun 2006)

Michael McDowell: It is not the same issue, but a radically different one, because in Britain the judiciary apparently has power to order the deportation of persons it sends to prison. We do not have that system and whether we should have it is a policy judgment matter. To give the Deputy an example of the issue in question, whether somebody here for five years who is given a one month sentence for being drunk...

Deportation Orders. (8 Jun 2006)

Michael McDowell: If the Deputy wants information, there are 113 non-EU national prisoners serving sentences in Ireland, from 38 different countries.

Deportation Orders. (8 Jun 2006)

Michael McDowell: The point is the Deputy implies by his question that all those who serve a sentence and are released should be considered for deportation.

Deportation Orders. (8 Jun 2006)

Michael McDowell: There is no point in doing a Steve Silvermint in the House. The simple fact is that if, for example, the mother——

Deportation Orders. (8 Jun 2006)

Michael McDowell: I am answering the questions, but the Deputy is throwing ridiculous shapes. It is an absurdity, for example, to suggest that the non-national mother of Irish children attending school here who is up on a shop-lifting charge should be considered for deportation——

Deportation Orders. (8 Jun 2006)

Michael McDowell: The Deputy's question implies that every non-national released from prison should be considered for deportation. I regard that as xenophobic nonsense. The Deputy should be more careful about what he says.

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