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Written Answers — Garda Investigations: Garda Investigations (28 Jun 2005)

Michael McDowell: I regret that it has not been possible in the time available to obtain the information requested by the Deputy. I will contact the Deputy again when the information is to hand.

Written Answers — Prisoner Transfers: Prisoner Transfers (28 Jun 2005)

Michael McDowell: I wish to advise the Deputy that my Department has not received formal applications for transfer to this country under the Council of Europe Convention on the Transfer of Sentenced Persons in respect of these persons. The Convention on the Transfer of Sentenced Persons requires extensive documentation to be exchanged between both jurisdictions to allow an application to be fully considered. A...

Written Answers — Film Censorship: Film Censorship (28 Jun 2005)

Michael McDowell: Under Section 6(2) of the Censorship of Films Act 1923, it is an offence to knowingly exhibit in public a film in the presence of any person who is not a member of the class in whose presence such a film is authorised to be exhibited. The staff of the film censor's office includes an inspector, one of whose duties includes visiting cinemas to ensure compliance with the aforementioned Act....

Written Answers — Garda Operations: Garda Operations (28 Jun 2005)

Michael McDowell: I propose to take Questions Nos. 623 and 624 together. I am informed by the Garda authorities that the weapon in question, which was never claimed, was destroyed, together with other weaponry, in July 2000, as the storage site — Clancy Barracks — had been sold. In this regard, when cases are finalised in the courts or if no charges are preferred, items such as this are returned to the...

Written Answers — National Drugs Strategy: National Drugs Strategy (28 Jun 2005)

Michael McDowell: As the Deputy will be aware, the Government's overall policy to tackle the drug problem is set out in the National Drugs Strategy 2001-2008, Building on Experience, and responsibility for co-ordinating the implementation of the strategy lies with my colleague, Deputy Noel Ahern, Minister of State at the Department of Community, Rural and Gaeltacht Affairs. Under the current national strategy,...

Written Answers — Equality Matters: Equality Matters (28 Jun 2005)

Michael McDowell: The Equality Authority is independent in the performance of its functions. It is open to the Equality Authority in this case to appeal to the Supreme Court. The time allowed for lodging an appeal has not yet elapsed. It would be inappropriate, therefore, for me to comment at this stage other than to welcome the judge's finding that the relevant sections of the Equal Status Act are constitutional.

Written Answers — Garda Operations: Garda Operations (28 Jun 2005)

Michael McDowell: I have received a number of reports on this matter from the Garda authorities who have informed me that on 2 June, 2005, the person referred to by the Deputy was arrested for an offence under Section 112 of the Road Traffic Acts 1964-1994 unauthorised taking of a vehicle, and conveyed to Store Street Garda station. Upon arrival, the person was processed, subjected to a search and placed in a...

Written Answers — Departmental Revenue: Departmental Revenue (28 Jun 2005)

Michael McDowell: I take it the Deputy is referring to appropriations-in-aid received into my Department's Votes for each of the calendar years 1995 to 1998 — the financial year for Departments and offices is the calendar year. The information requested by the Deputy is set out in the following tabular statement, which reflects the levels of appropriations-in-aid for the years in question including a...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: I listened to SenatorCummins giving out about the fact that many years after CCTV was in existence I decided to provide a legal basis for it. The fact is that it was only in the context of looking at CCTV that we asked the Attorney General's office if it was happy that we were operating it without a statutory basis and the advise was that there should be a statutory basis for it under the...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: It reminds me of the remark that was attributed, probably unfairly, to the former Taoiseach, Garrett FitzGerald——

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: ——"That is all right in practice but how will it work out in theory?" CCTV has been in operation for years and we never worked out the theory of it. We are now getting the theory.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: That is right. To answer the point, if I had queried with my Secretary General whether we had a proper statutory basis for this and he said that we will not ask that question because it is too inconvenient, we might be in a very different situation.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: People would be saying that for years we knowingly ran a system which we knew required a statutory basis but we did nothing about it. One cannot win on these issues. Regarding the Commissioner and the centralisation point, the Commissioner's powers can be delegated under section 31. On the basis of what Senator Maurice Hayes talked about, I believe he should say that decisions on the location...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: I will take a brief to argue either side of that case. The guidelines can deal with the question of destruction if it is an issue. When guidelines are issued, I draw the House's attention to the fact that the directives will be laid before each House of the Oireachtas as soon as possible after they have been made. When this Bill was being drafted, I noticed on the draft that there was a...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: That is where subsection (13) originated. I thought we might have the unintended consequence of making illegal that which we all believe is very good. On the fixed and permanent system, that was put in again at my insistence. I will give an example of that, although I do not want to get into the question of guilt or innocence. The spraying of graffiti on Jewish sites in Dublin was the subject...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: Business had to be continued. With regard to a point raised by Senator Maurice Hayes, I could have accepted the Labour Party's Private Members' business proposal, which would have deferred consideration of the Bill until a commission on policing had reported in 18 months' time. If I had done this, the next general election would be approaching with no work done on Garda reform, no change...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: The Army is one example. During an impassioned contribution to a Private Members' debate in the Dáil, Deputy Costello pleaded with me to transfer elements of Garda training to a new campus in his constituency at Grangegorman. However, the public relations aspect of that would not be good. It would have been better to use the description, "north inner city Dublin". The traffic corps was...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: We decided the traffic policing function would be retained by the Garda and an assistant commissioner is in charge of establishing the traffic corps as a separate division within the force. At least 600 of the 2,000 additional recruits will supplement the existing 500 road traffic complement of the Garda so that the corps will number approximately 1,200. The purpose of this is to increase...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: It has been suggested that promotions within the Garda are political. I am totally unaware of the party political allegiances of any senior member of the Garda Síochána. I do not know what are their sympathies. I have never had a discussion nor have I had an intelligent reflection on that subject. I am wholly unaware of their political outlook.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: The Bill, for the first time, provides for an independent system of promotions within the Garda with external people constituting the majority of every promotion board for sergeant, inspector, superintendent and chief superintendent. However, the three most senior appointments are dealt with on a discretionary basis by the Government. I assure the House I have gone through the process of...

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