Results 16,361-16,380 of 18,734 for speaker:Michael McDowell

Written Answers — Visa Applications: Visa Applications (24 Feb 2005)

Michael McDowell: In my response to Question No. 765 on 26 January last, I informed the Deputy that an application for leave to remain by the person in question had been received in my Department in December 2004 and would take 16 months to finalise. In November 2004, a declaration of acceptance of Irish citizenship as post-nuptial citizenship was lodged with the citizenship section of my Department. The...

Written Answers — Disability Support Service: Disability Support Service (23 Feb 2005)

Michael McDowell: The funding is part of the multi-annual investment programme for disability announced in the budget. A sum of €15 million will be available for voluntary sector projects between 2005-2009 with the first tranche of €3 million in 2005. This fund is intended to support innovative, efficient and cost effective approaches to disability services and to help provide examples of effective service...

Written Answers — Visa Applications: Visa Applications (23 Feb 2005)

Michael McDowell: The applications referred to by the Deputy were refused by my Department on 15 of February 2005. For the most part, the reasons for refusal related to the visa officer being unable to establish, based on the documentation supplied, that the applicants would observe the conditions of the visa applied for, or that the applicants had demonstrated sufficient evidence of their obligations to...

Written Answers — Citizenship Applications: Citizenship Applications (23 Feb 2005)

Michael McDowell: A declaration of acceptance of Irish citizenship as post nuptial citizenship was received in the citizenship section of my Department on 16 December 2004 from the person referred to in the Deputy's question. The current processing time for such declarations is approximately ten months from the date of lodgement and it is likely, therefore, that the processing of the declaration of the person...

Written Answers — Disability Support Service: Disability Support Service (23 Feb 2005)

Michael McDowell: My Department has, to date, received 44 submissions from various organisations in respect of the Disability Bill 2004 most of which were received via the Joint Oireachtas Committee on Justice, Equality, Defence and Women's Rights. As a member of that committee, the Deputy will be aware that the views of 34 of the groups concerned, four of which also sent submissions to the Department, were...

Written Answers — Departmental Correspondence: Departmental Correspondence (23 Feb 2005)

Michael McDowell: I expect that the Deputy will by now have received my recent response to him in relation to the matter he has raised.

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: It comes down to workability. Having taken this unilateral stance when the framework decision was adopted, we wanted it to be clear that we were not agreeing to a proposition that mere suspects could be arrested in Ireland whatever other countries wanted to do and that warrants would only be used to remove people to foreign states on the basis that a decision had been made to arrest, charge...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: It is difficult. We do not want it to be the case that if a European member state has a system where people can be arrested, subjected to the criminal law process and deprived of their liberty on mere suspicion and without a decision to charge them, it can as an extension require any Irish citizen anywhere in Ireland to be plucked from his or her job and brought to that state in custody...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: I will address the last point first. We are dealing with a situation that exists at the moment; nothing dramatically new is about to take place. Under this provision, the Garda Commissioner will be in a position to make a formal request to every service provider carrying out a volume of business of interest to the Garda. In those circumstances the service providers will be obliged to keep the...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: The main service providers have received direction from the Minister.

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: Data of this kind are in any event of independent use and a necessity for a service provider. For example, if I were to get an enormous bill next month which I query, the service provider must be in a position to outline the occasions on which my phone was used to contact specific chat lines. It must be in a position to stand up its claim for money. At the end of a billing period it must be...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: Any telecommunications service provider must keep this kind of material to avoid being at the mercy of any subscriber who could claim that the bill was a complete invention and that the provider's machine had gone mad and was just thinking up bills to throw at a subscriber. These data already exist. If people want to contest their bills or claim that something extraordinary has happened,...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: This amendment was discussed substantially.

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: This amendment introduces a new section 60, which in turn inserts a new section 4A in the European Arrest Warrant Act 2003. Its purpose is to provide for a general presumption that the state issuing a European arrest warrant will comply with the requirements of the framework decision on the European arrest warrant unless the contrary is shown. This new section provides a general indication on...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: I fully empathise with the Deputy's concern that this amendment be fully understood before we accept it. If a European arrest warrant is issued in respect of Joe or Josephine Soap and is delivered to the Irish State for the purpose of having it executed against him or her while he or she is in Ireland, the issue that then arises is whether the requesting state intends to comply with its...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: Yes, it could be appealed to the Supreme Court.

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: This is a new creature. Until this law came into effect we had a twin-track approach to extradition issues: the conventional international law of extradition which was a state to state request implemented by courts pursuant to international law agreements; and in regard to the United Kingdom, the Isle of Man, the Channel Islands and other places, there was rendition on warrants, which was a...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: Where an offence specified in the European arrest warrant corresponds to an offence in Ireland the dual criminality requirement is considered to be met. This requirement arises for all offences other than those on what is termed the positive list which is set out in Article 2.2 of the framework decision. In that case the dual criminality requirement does not apply. The amendment provides a...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: The Act was silent as to which approach in principle was to be adopted by the court, that is, was it dual criminality on the date of commission of the offence or was it dual criminality on the date of the warrant. What we are doing here is fixing that the latter principle is the one the court is to follow. Until now the Act was silent on this issue. One could have two people arguing as to...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: The short answer to that question is "No" for the reasons I outlined earlier. This framework decision is subject to certain constitutional principles. The framework decision must be interpreted in accordance with the European Convention on Human Rights which is imported into European law by Article 6 of the European Union treaty. If murder were a criminal offence in Ireland and we brought in...