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Written Answers — Prison Accommodation: Prison Accommodation (8 Feb 2005)

Michael McDowell: The unit to which the Deputy refers is located at St. Patrick's Institution. It comprises the refurbished cellular accommodation in 'B' wing of the institution and a new adjoining building which houses an education unit and other facilities. The cellular accommodation is being fully utilised at present and parts of the new building are in use. The intention is to bring all of the cellular...

Written Answers — Prison Accommodation: Prison Accommodation (8 Feb 2005)

Michael McDowell: There is no vacant unit at Mountjoy Prison. There is a unit which is not yet fully utilised in St. Patrick's Institution which is the subject of a separate question by the Deputy.

Written Answers — Legal Aid Service: Legal Aid Service (8 Feb 2005)

Michael McDowell: The allocation for the Legal Aid Board has been increased from €18.388 million in 2004 to €21.362 million in 2005, an increase of 16%. The operation of the civil legal aid scheme is a matter for the Legal Aid Board, including continuing to provide adequate service to clients either through their law centres or through the use of private practitioners.

Written Answers — Legal Aid Service: Legal Aid Service (8 Feb 2005)

Michael McDowell: I can inform the Deputy that 27,241 legal aid certificates were granted in 2002 and 30,060 legal aid certificates were granted in 2003 under the criminal legal aid scheme. The figure for 2004 is not available at this stage and the number of applications made is not recorded. The Legal Aid Board operates a private practitioner scheme in the District Court for civil legal aid. While the board...

Written Answers — Crime Levels: Crime Levels (8 Feb 2005)

Michael McDowell: The Garda authorities inform me that the crime statistics compiled by the Garda Síochána do not relate to postal areas. Blanchardstown district covers the Dublin 15 area. The number of offences recorded in Blanchardstown district where a firearm was used was 58 in 2003 and 79 in 2004. It has not been possible in the time available to provide all the information requested by the Deputy. The...

Written Answers — Detention Centres: Detention Centres (8 Feb 2005)

Michael McDowell: No final decision has been made with regard to the location of the detention centre for young offenders.

Written Answers — Garda Stations: Garda Stations (8 Feb 2005)

Michael McDowell: Most Garda properties are vested in the Office of Public Works. A survey of the Garda property portfolio was carried out on behalf of the Office of Public Works to determine which Garda properties were considered economically maintainable and which uneconomic to repair. Following that survey, the Office of Public Works last year ran a pilot equity exchange programme of eight Garda stations in...

Written Answers — Garda Strength: Garda Strength (8 Feb 2005)

Michael McDowell: I propose to take Questions Nos. 455 and 456. The Garda authorities, who are responsible for the detailed allocation of resources, including personnel, inform me that the personnel strength of each of the 18 Garda stations (all ranks) in County Kildare as at 7 February 2005, is set out in the following table. Station Strength Naas 77 Clane 6 Kill 3 Celbridge 19 Maynooth 16...

Written Answers — Crime Levels: Crime Levels (8 Feb 2005)

Michael McDowell: The recently published provisional headline crime statistics for 2004 show sexual offences generally decreased by 17% or 329 cases when compared to 2003; there was a decrease of 28% or 403 cases in sexual assaults. There is an increase in the number of cases of rape of a female and rape section 4. There is a high attrition rate in rape cases in Ireland, and many cases reported to the gardaí...

Written Answers — Sentencing Policy: Sentencing Policy (8 Feb 2005)

Michael McDowell: I refer the Deputy to my detailed reply to Questions Nos. 190, 192 and 193 of 16 December 2004. I have nothing further to add to that reply other than to say that, in general, the penalties for sexual offences are very severe. Life imprisonment is the maximum penalty for rape and other serious sexual offences. The maximum sentence for sexual assault was increased to allow for situations where...

Written Answers — Victim Support: Victim Support (8 Feb 2005)

Michael McDowell: The rights and entitlements of victims of crime in Ireland are set out in the victims charter which was published by my Department in 1999 following extensive consultation with all relevant agencies including the courts, the Garda Síochána, the Prison Service, the probation and welfare service, the State prosecution service and the Victim Support organisation. A guiding principle of the...

Written Answers — Decentralisation Programme: Decentralisation Programme (8 Feb 2005)

Michael McDowell: Five officers have been required to sign an agreement, which along with other relevant clauses, includes one indicating a willingness to decentralise on being offered appointment to posts within my Department. Three officers have signed the agreement and two are awaiting clarification of issues other than decentralisation prior to signature of the document.

Written Answers — Child Care Services: Child Care Services (8 Feb 2005)

Michael McDowell: Proposals Nos. 1, 2 and 5 come within my Department's remit. I propose to deal with proposals Nos. 1 and 2 together. A review of the maternity protection legislation was carried out in 2000 by a working group, chaired by my Department, which comprised the social partners and relevant Departments and agencies. The working group was set up in accordance with commitments in the Government action...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage (Resumed). (8 Feb 2005)

Michael McDowell: Amendments Nos. 19 to 22, inclusive, refer to section 22 of the European Arrest Warrants Act. This deals with the rule of specialty, which provides that a person can only be proceeded against in the issuing state for the offences for which he or she was originally surrendered. Amendment No. 22 is the main amendment while the others are of a textual nature. Amendment No. 22 inserts a new...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage (Resumed). (8 Feb 2005)

Michael McDowell: These amendments amend section 69 of the Criminal Justice (Terrorist Offences) Bill. As mentioned with regard to the previous amendment, section 69 refers to section 22 of the European Arrest Warrant Act which deals with the rule of specialty. There is one main amendment in this grouping and the others are of a consequential or textual nature, as with the previous amendment. However, on this...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage (Resumed). (8 Feb 2005)

Michael McDowell: The main purpose is to insert a new subsection (3) in section 23 of the 2003 Act. Section 23 deals with requests for the surrender of persons by the issuing state to other member states. Section 23 gives effect to Article 28 of the framework decision. That article deals with the question of a person being surrendered to another member state, other than the one to which he or she was...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage (Resumed). (8 Feb 2005)

Michael McDowell: The main purpose is to insert a new subsection, subsection (5) in section 23 of the European Arrest Warrant Act 2003. As mentioned in regard to the previous group of amendments, section 23 deals with requests for the surrender of persons by the issuing state to other member states. Section 23 gives effect to Article 28 of the framework decision and that article deals with the question of a...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage (Resumed). (8 Feb 2005)

Michael McDowell: The purpose of these amendments is to amend section 24 of the European Arrest Warrant Act. Section 24 gives effect to Article 28.4 of the framework decision. It deals with situations where the person may be extradited by the issuing state to a third state, that is, to a non-EU state. Similar to previous sections, a presumption is being added that the issuing state has complied with the...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage (Resumed). (8 Feb 2005)

Michael McDowell: I totally agree with Senator Cummins. I regret that they have not been circulated so far. However, I am doing my best and I will get them to Senators tomorrow afternoon so they will not be presented with them on Thursday for the first time.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage (Resumed). (8 Feb 2005)

Michael McDowell: This is obviously something which someone inserted to see if we were all awake. The word "inter" will be removed because it is a printing error. It is not something to which any of us have put our minds up to now. Therefore, a formal amendment is not necessary. I am grateful to Senator Tuffy for trying to work out what it might have been about and for advancing the proposition that it must...

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