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Seanad: Prisons Bill 2005: Second Stage. (27 Oct 2005)

Michael McDowell: Where are they?

Seanad: Prisons Bill 2005: Second Stage. (27 Oct 2005)

Michael McDowell: Teleconferencing visits will also be allowed.

Seanad: Prisons Bill 2005: Second Stage. (27 Oct 2005)

Michael McDowell: If Senator Cummins had his way, many lawyers might be forced to travel in vans.

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Michael McDowell: I apologise that I was not present when the debate started. I was meeting with survivors of child abuse in the Ferns context and the meeting went on slightly longer than I had hoped. The Minister for Education and Science, Deputy Hanafin, has put the point fairly and squarely. To do what Deputy Costello is suggesting would be unnecessary. It was not done in the 1995 legislation. In all of the...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Michael McDowell: The Minister, Deputy Hanafin, was so eloquent that I do not need to add more to what I said.

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Michael McDowell: I have said it all.

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Michael McDowell: Section 5 provides a definition of the relevant issue by saying, "the Minister may request the person in the designated country concerned who performs functions the same as or similar to those performed by the Minister under this Act to consent to and arrange . . .". It is clear who the person is. The definition section would only repeat that in a different place in the same statute. It is...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Michael McDowell: This amendment, in effect, calls for an annual report on cases arising under this legislation. It is expected that, at most, only a small number of cases will arise thereunder. Perhaps no cases will arise in certain years. As a result, the requirement to produce a report would be disproportionate to the need to be addressed or the perceived benefit of such a report. I said on Committee Stage...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Michael McDowell: I will accept the amendment.

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Michael McDowell: This was discussed on Committee Stage. It has been the style in this Legislature and its predecessor under the Irish Free State to set out a Long Title to every Bill. The Long Title is generally supposed to be a statement of the overall purpose of the legislation. Deputy Gerard Murphy is arguing for a different approach that gets rid of the Long Title completely and states the substance in a...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Michael McDowell: I am not an expert on procedure in this House and am not clear whether Standing Orders require there should be a Long Title. When one wanted to move a Bill one had to produce only the Long Title to get permission for it to be printed. It was necessary to state the purpose of the Bill in general terms. It is not a good idea to have a Long Title followed by a purposes clause because my...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Michael McDowell: This amendment is unnecessary as it is already clear from sections 5 (i) and 6 (i) that the Bill deals with two distinct categories of sentence, namely, those imposed in the State and those imposed in other designated states. Section 5 deals with cases in which a person has been sentenced in this country but has fled and is now in his or her state of nationality. In that case the Minister can...

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage. (27 Oct 2005)

Michael McDowell: I draw Deputy Ó Snodaigh's attention to the provisions of section 9(2)(f) of the Bill. The High Court is given a very significant role with regard to every application to execute a sentence on foot of the terms of this Bill in this State. The High Court is expressly prohibited from ordering that a sentence be served under the circumstances set out in section 9(2)(f). The legislation provides...

Written Answers — Citizenship Applications: Citizenship Applications (26 Oct 2005)

Michael McDowell: There are four ways in which a person born outside of Ireland can obtain Irish citizenship; by means of a grant as a token of honour, by descent, by naturalisation or by marriage to an Irish citizen, post-nuptial citizenship. It is assumed for the purposes of this reply that neither honorary citizenship nor citizenship by descent are relevant in the context of this question. Furthermore, due...

Written Answers — Work Permits: Work Permits (26 Oct 2005)

Michael McDowell: It is open to the person concerned to submit an application with supporting documentation outlining their particular circumstances to the general immigration division of my Department. On receipt of same, their application will be considered.

Written Answers — National Identity Cards: National Identity Cards (26 Oct 2005)

Michael McDowell: I have no plans at present to introduce a mandatory identity card system. My Department is, however, keeping the matter under review. I can further inform the Deputy that while I have no plans for the introduction of a national identification card at this stage, the Intoxicating Liquor Act 1988 (Age Card) Regulations 1999, SI No. 4 of 1999, provides for a voluntary national age card scheme....

Written Answers — Dublin-Monaghan Bombings: Dublin-Monaghan Bombings (26 Oct 2005)

Michael McDowell: It is solely a matter for the person referred to by the Deputy as to whom he meets in the context of his investigation. The investigation is statutorily independent in the performance of its functions and has statutory power to direct the production of any document. As the investigation remains ongoing, it would not be appropriate for me to comment further on its operation.

Written Answers — Garda Stations: Garda Stations (26 Oct 2005)

Michael McDowell: Responsibility for the purchase or sale of land or buildings on behalf of the State is vested in the Office of Public Works and my Department is not involved in such matters. The Government decided in late 2004 to bring forward the site at Harcourt Terrace, involving initially the former butter testing station, and subsequently the Garda station and film censor's office, as a land swap option...

Written Answers — Child Care Services: Child Care Services (26 Oct 2005)

Michael McDowell: The community-based group in question was approved some time ago for a staffing grant for one year. Following this initial grant funding, the group was not subsequently approved for staffing funding and an appeal concerning this decision was submitted to my Department. The appeal was forwarded to Area Development Management Limited, ADM, which is engaged by my Department to assess all...

Written Answers — Foreign Travel: Foreign Travel (26 Oct 2005)

Michael McDowell: Since being appointed to office, I have attended the British-Irish Association's conference each year. On each occasion I have been accompanied by three officials, with the exception of the most recent conference where the number was increased to four due to the fact that I had been attending an EU Justice and Home Affairs Council meeting in Newcastle the previous day. I have also attended...

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