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Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Michael McDowell: This amendment arises out of a key recommendation of the second report of the Morris tribunal. In essence the amendment inserts a new section 14 in the Bill, which in subsection (1) governs the appointment, subject to appropriate regulations, by the Garda Commissioner of persons to the rank of garda, sergeant and inspector respectively. Subsection (2) is more or less the same as that in...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Michael McDowell: This power will be used sparingly but it is wrong that a senior officer of the Garda Síochána can be removed on grounds of loss of confidence while somebody junior to him or her, and guilty of the same conduct, is excused from a summary dismissal and goes through a lengthy process. There are three limits to this power, namely the individual's conduct triggers it — this is not a matter of...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Michael McDowell: ——it would be wrong and if I were to introduce a selective system it would be open to abuse. There are many people in their 50s who regard the age limit of 57 as opening up promotional opportunities that might disappear if we changed that.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Michael McDowell: I am grateful to the Senators for their contributions on this issue. Frankly, I have sympathy with all the views expressed because root and branch change is needed in the way in which the Garda Síochána is run. A Bill does not bring about root and branch change by itself. That process must follow in the wake of the Bill and will require a considerable degree of commitment from the Garda...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Michael McDowell: I would like to agree with Senator Cummins. However, I never saw such sustained time-wasting and deliberate kicking around of the ball in one's own penalty area as happened in the other House. The Senator was not there but I was. The difference between this House and the Lower House is remarkable when it comes to adversarial politics. The willingness of Members to take vote after vote on the...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Michael McDowell: All of those things made it very clear to me that they were not interested in a line by line debate but in making sure the Bill did not become law this session. I know a filibuster when I see it. There is no guillotine in this House yet I am here. I am willing to spend until midnight in the House, any day of the week——

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Michael McDowell: ——-as long as I am satisfied that a bona fide debate is taking place, in which Members are addressing the issues. However, I saw Members deliberately chew up and waste the time of the Dáil to delay the Bill and make it increasingly difficult for me to get it into law before the end of the session. That was the tactic and I was not going to go for it.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Michael McDowell: In chapter 9 of the second report of the Morris tribunal, the tribunal refers to the absence of structures for dealing with corruption at a most serious level. The tribunal also referred to the proposals of Garda headquarters to set up a body to which, on a confidential basis, difficulties and possible irregularities could be reported. The tribunal suggested this particular initiative should...

Written Answers — Firearms Licences: Firearms Licences (29 Jun 2005)

Michael McDowell: Section 22(9) provides that the Minister for the Environment, Heritage and Local Government may grant a licence to a person to hunt, capture or humanely kill a protected wild bird of a species specified in the licence. In so far as the granting of licences for hunting is concerned, I presume the Deputy's question refers to section 29 of the Wildlife Act 1976, as amended, which provides for...

Written Answers — Crime Levels: Crime Levels (29 Jun 2005)

Michael McDowell: As regards crime figures, the Deputy will be aware that on becoming Minister for Justice, Equality and Law Reform, I arranged for the publication of headline crime statistics on a quarterly basis in order to improve the quality of information available to the public. While caution should be exercised in interpreting levels of crime between quarters, I am pleased to note that during my term of...

Written Answers — Crime Levels: Crime Levels (29 Jun 2005)

Michael McDowell: I have been informed by the Garda authorities that there were 37 murders recorded in 2004, 31 males and six females. In addition, there were eight manslaughters recorded in 2004, six males and two females. The figures provided for 2004 are provisional and are, therefore, subject to change.

Written Answers — Visa Applications: Visa Applications (29 Jun 2005)

Michael McDowell: This application was approved on appeal on 23 June 2005. The applicant will be notified of the decision as soon as possible.

Written Answers — EU Regulations: EU Regulations (29 Jun 2005)

Michael McDowell: The Office of the Attorney General is always consulted by my Department in the context of the preparation of legislation or indeed in assessing whether legislation is required. Advice is also sought and provided in relation to the terms of EU and international agreements, framework decisions and bilateral agreements in relation to mutual assistance. In so far as this particular case is...

Written Answers — Liquor Licensing Laws: Liquor Licensing Laws (29 Jun 2005)

Michael McDowell: I refer the Deputy to my reply to Parliamentary Question No. 505 on Tuesday, 21 June 2005.

Written Answers — Garda Personnel: Garda Personnel (29 Jun 2005)

Michael McDowell: I have been informed by the Garda authorities, which are responsible for the detailed allocation of Garda resources, including personnel, that a vacancy recently arose at Oulart Garda station as a result of the promotion of a member attached to the station to the rank of sergeant. I am further informed that local garda management has identified a replacement, who is due to be transferred to...

Written Answers — Community Policing: Community Policing (29 Jun 2005)

Michael McDowell: As I outlined to the Deputy on 14 June 2005, the function of the joint policing committees, as set out in the Garda Síochána Bill, is to serve as a forum for consultations, discussions and recommendations on matters affecting the policing of the local authority's administrative area. In particular, the committees will keep under review levels and patterns of crime, disorder and anti-social...

Written Answers — Peace Commissioners: Peace Commissioners (29 Jun 2005)

Michael McDowell: I am reviewing the possibility of certain legislative amendments relating to the appointment of peace commissioners. As is normal practice with legislative proposals, my officials have had consultations with the Office of the Attorney General on the issue and I expect to be in a position to progress the matter in the near future.

Written Answers — Deportation Orders: Deportation Orders (29 Jun 2005)

Michael McDowell: I refer the Deputy to the reply I made to Parliamentary Question No. 579 on Tuesday, 14 June last about this case. The circumstances of the case were fully considered, including representations made on behalf of the person by the Refugee Legal Service, in arriving at the decision to make a deportation order. I will reconsider the matter in the light of the further representations made in this...

Written Answers — Road Safety: Road Safety (29 Jun 2005)

Michael McDowell: A working group chaired by my Department and consisting of representatives of the Garda Síochána, the Department of Transport and the National Roads Authority has reported to me and my colleague, the Minister for Transport, on how the provision, operation and processing of the output of speed cameras might operate. We expect to bring proposals to Government shortly. The fixed charge...

Written Answers — Identity Cards: Identity Cards (29 Jun 2005)

Michael McDowell: I have no proposals at present for the issuance of identity cards in this jurisdiction. However, my Department is keeping developments in the UK in relation to this matter under consideration.

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