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Written Answers — Refugee Status: Refugee Status (27 Oct 2005)

Michael McDowell: The refugee in question made an application for family reunification in respect of his daughter in July 2005. The application was forwarded to the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996. When this investigation is completed the commissioner will prepare and forward a report to my Department. Upon receipt of this report the...

Written Answers — Computerisation Programme: Computerisation Programme (27 Oct 2005)

Michael McDowell: The Garda fixed charge processing system, FCPS, has been developed to handle all fixed charge offences including penalty point offences. It is currently operational in Dublin, Cork city and parts of Louth and Meath in respect of existing fixed charge and penalty point offences. The extension of the system nationwide is dependent on concluding a contract with an outsourced service provider for...

Written Answers — Visa Applications: Visa Applications (27 Oct 2005)

Michael McDowell: The visa application in question was approved on appeal by my Department.

Written Answers — Visa Applications: Visa Applications (27 Oct 2005)

Michael McDowell: The visa application in question has been approved on appeal by my Department.

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

Michael McDowell: I was not referring to the Senator.

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

Michael McDowell: I did not serve as Attorney General for five years.

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

Michael McDowell: It is 150 acres.

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

Michael McDowell: I agree with Senator Mansergh that private property is sometimes put on a pedestal and the rights of private property are sometimes given too much weight over the public good. As Attorney General I fought over the constitutionality of the social and affordable housing provision in the Supreme Court. The Supreme Court made it clear that the rights of private property were not sacrosanct. There...

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

Michael McDowell: It would not be easy to do. I wish to put on the record of this House that of all the land that was offered in that process and adjudged suitable the cheapest was bought. Whatever way one looks at it that is the case although different impressions have been given. If another option had been chosen would this House have congratulated me for saving a lot of money by putting a farming family out...

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

Michael McDowell: I aspire to staying a few more nights there at some stage. I agree with Senator Mansergh in that it is a pity that public procurement of land, especially when there is no CPO power attached to it, and even when there is, ends up with the taxpayer paying top dollar. That is the society in which we live. There is no easy alternative way of doing business without causing much reaction. The...

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

Michael McDowell: I hope whatever replaces the prison will be of an equivalent if not better architectural standard. Those who lament the building's demolition should remember that what I propose to have built in north Dublin at Thornton Hall will be of a similar standard for both men and women, and young people currently in St. Patrick's Institution. That is good news. Senator Brady mentioned padded cells....

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

Michael McDowell: I refer the Deputies to the terms of Article 7 of the Additional Protocol, the title of which is "Temporal Application". It states, "This Protocol shall be applicable to the enforcement of sentences imposed either before or after its entry into force." If we are talking about the scope of the protocol that shows this section of this Bill is totally in line with the convention and protocol to...

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

Michael McDowell: For this legislation to come into operation, it is necessary that in any particular case the State whose courts imposed the sentence would have to have acceded to the convention and to the protocol. That is the first absolute prerequisite. As currently advised, I do not believe Colombia has done that and I do not know whether it intends to do that. The Deputies will know there is a pending...

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

Michael McDowell: I am fascinated by his preoccupation with these issues when I contrast it with his total silence in respect of the many people whose bodies, showing signs of torture, were found on the Border with their hands tied behind their backs and a hole in their head from a bullet wound. We are told that these were the products of a court martial by the so-called republican movement. In fact the people...

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

Michael McDowell: That is what happened.

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

Michael McDowell: I do not know what grand uncle the Deputy is talking about. I think the Deputy has got the genealogy slightly wrong.

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

Michael McDowell: I know of no ancestor of mine who ever brought anybody into a room and tortured them to the point where they were pleading for the torture to stop——

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

Michael McDowell: ——told them that the only way to end the torture was to make a confession, took the confession, sent it to their relatives——

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

Michael McDowell: ——shot them in the head and dumped them on a back road in County Louth.

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

Michael McDowell: It is extraordinary for the Deputy to say that at least they had some opportunity. I do not believe they had any opportunities.

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