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Written Answers — Visa Applications: Visa Applications (30 Mar 2006)

Michael McDowell: The appeal referred to by the Deputy was received in the visa office in New Delhi on 27 March 2006. The appeal is currently awaiting examination by a visa appeals officer and a decision is expected in the near future.

Written Answers — Garda Deployment: Garda Deployment (30 Mar 2006)

Michael McDowell: I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that at present Carndonagh Garda station is a sub-district station of the Buncrana district and does not operate on a 24-hour basis. I am further informed by Garda management that the establishment of a rural community policing initiative in north Inishowen is...

Written Answers — Judicial Appointments: Judicial Appointments (30 Mar 2006)

Michael McDowell: The Supreme Court consists of the Chief Justice and seven ordinary judges, together with the President of the High Court as an ex-officio member. The statutory maximum number may be exceeded by one when a judge of the Supreme Court is serving as president of the Law Reform Commission, as is currently the case. All of the judges of the Supreme Court were barristers immediately prior to their...

Written Answers — Road Traffic Offences: Road Traffic Offences (30 Mar 2006)

Michael McDowell: The Road Traffic (National Car Test) Regulations, 1999, SI 395 of 1999, which came into force on 4 January 2000, introduced the offences of use of a vehicle without a national car test certificate, failure to produce a national car test certificate and not having a valid national car test certificate displayed. I have made inquiries with the Garda authorities and have been informed that the...

Written Answers — Sexual Offences: Sexual Offences (30 Mar 2006)

Michael McDowell: I have requested a report from the Garda authorities in respect of the matters concerned and I will revert to the Deputy when this report is to hand.

Written Answers — Citizenship Applications: Citizenship Applications (30 Mar 2006)

Michael McDowell: The Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. Those conditions are that the applicant must be of full age, or by way of exception, be a minor born in the State; be of good...

Written Answers — Asylum Applications: Asylum Applications (30 Mar 2006)

Michael McDowell: I refer the Deputy to the replies I gave to parliamentary questions concerning this couple, specifically Parliamentary Question No. 155 on 26 January 2006 and Parliamentary Question No. 191 on 9 March 2006 concerning the husband together with Parliamentary Question No. 185 on 9 March 2006 concerning the wife. There is a statutory framework governing the asylum determination process in Ireland...

Written Answers — Visa Applications: Visa Applications (30 Mar 2006)

Michael McDowell: The person who is the subject of this question made an application for family reunification in respect of family members in April 2002. The application was refused on 5 June 2003. Following a re-examination of the application, it was noted that the person concerned was naturalised in July 2001 and became an Irish citizen at that time. Under section 18 of the Refugee Act 1996 only refugees may...

Written Answers — Citizenship Applications: Citizenship Applications (30 Mar 2006)

Michael McDowell: I refer the Deputy to my reply to Parliamentary Question No. 216 of 2 March 2006 in this matter. The position remains that the person concerned made an application for permission to remain in Ireland on the basis of being the parent of an Irish citizen child, born before 1 January 2005, under the revised arrangements announced by me on the 15 of January 2005. The application, which was...

Written Answers — Citizenship Applications: Citizenship Applications (30 Mar 2006)

Michael McDowell: I take it that the Deputy is referring to the conditions under which the non-EEA parents of children born in Ireland prior to 1 January 2005 are granted residency in the State. The Deputy will be aware that children born to foreign national parents on or after 1 January 2005 are not automatically entitled to Irish citizenship. I announced details of new arrangements to deal with the...

Written Answers — Garda Investigations: Garda Investigations (30 Mar 2006)

Michael McDowell: I have requested a report from the Garda authorities in respect of the matters concerned and I will revert to the Deputy when this report is to hand.

Written Answers — School Absenteeism: School Absenteeism (30 Mar 2006)

Michael McDowell: As I stated in my reply to Parliamentary Question No. 197 of 9 March 2006 matters relating to school attendance and child care and protection issues are the responsibility of the Ministers for Education and Science and Health and Children respectively. However I requested a report from the Garda authorities in respect of the persons concerned. I have now been informed by the Garda authorities...

Written Answers — Departmental Staff: Departmental Staff (30 Mar 2006)

Michael McDowell: There are approximately 22,000 staff, including gardaí, prison officers, courts staff, departmental headquarter staff and Land Registry officials on the payroll of the Department of Justice, Equality and Law Reform. On 31 December 2004 30 staff were on suspension with pay. On 31 December 2005 the figure was 36. These figures amount to 0.13% and 0.16% of total staff respectively. The Deputy...

Seanad: Schools Building Projects. (30 Mar 2006)

Michael McDowell: On behalf of the Minister for Education and Science, Deputy Hanafin, I thank Senator Bradford for raising this matter as it affords me the opportunity to outline to the Seanad the strategy of the Department of Education and Science on capital investment in education projects, and the position regarding the development of education provision in the Presentation secondary school, Mitchelstown....

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: On the last point, section 85(3) applies the Data Protection Act to this material, therefore, the issue is covered. What the Senators are asking me to do from two different perspectives is to establish a set of safeguards in Irish domestic law, which we apply to Irish domestic circumstances and which are intended to ensure there is scrutiny and oversight of how this is operated. I am...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: I accept that.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: That was then and I am not sure whether the late Jim Mitchell or Deputy Noonan introduced the current regime relating to the interception of telecommunications. However, it works well and there is no possibility of a Minister doing this off his or her own bat. A triple lock is in place because a security agency is required to make an independent request, which must then be considered by a...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: I will look at it again and do my best to accommodate some safeguard to deal with the genuine point raised by Senators Cummins and Tuffy.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: When I saw this amendment I had sympathy with the view expressed as the same question occurred to me. My Department considered this originally when the Bill was being drafted. The strong advice from the Attorney General and the Garda Síochána was to the effect that they did not want the proceeds of crime orders to be put into a criminal context. The reason for this is that the philosophical...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Michael McDowell: I agree this proposal is of value. Section 24 of the Criminal Justice Act 1997 deals with the making of restraint orders. A number of the sections of that Act, as listed in section 84(a) of the Bill also deal with restraint orders. Section 84(a) deals with the relevant provisions in the 1994 Act by changing the name to "freezing order". The section to which the Senator refers deals with the...

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