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Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: The Senator's amendment proposes that a sunset clause be inserted into the Bill. This suggestion was debated in the other House at some length and was also mentioned on Second Stage in this House. While I have reflected on the issue, I have not changed my mind on it. Senator Cummins is aware that Deputy Ó Snodaigh of Sinn Féin tabled an amendment on Report Stage in the other House, the...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: I will outline the Government's position on the Hederman committee report. The provision in the Constitution for special criminal courts is not an emergency provision. It comes into play when the ordinary courts are inadequate for the administration of justice. While it is part of the Constitution, it is not an emergency extra-constitutional arrangement. We have an obligation to ensure that...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: I understand the purpose of the amendments is to insert references to the published opinions of the European Parliament. For ease of reference, we have gone to the trouble of scheduling the full text of the framework decisions in both the Irish and English languages in Schedule 1 to the Bill. On amendment No. 3, the reference to the framework decision which is made in the Bill is included in...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: I am grateful to the Senator for raising this issue. Since publication of the Bill several concerns have been expressed about the possibility that a person engaged in activity against an oppressive or tyrannical regime might be prosecuted and convicted under the provisions of the Bill. As I said on Committee Stage in the other House, however, there is no solution to the issue which these...

Community Development. (2 Feb 2005)

Michael McDowell: I thank the Deputy for raising the matter and giving me the opportunity to update the House on the important issue of child care and the project referred to in Limerick. I am glad the Deputy echoed the strong representations made by the Minister of State at the Department of Health and Children, Deputy Tim O'Malley, regarding this matter, as she generously acknowledged. Child care is an...

Written Answers — Residency Permits: Residency Permits (2 Feb 2005)

Michael McDowell: The person in question made an application for permission to remain in the State to operate a business on 16 November 2004. A request for further information was issued on the same day. To date no reply has been received to that request for further information, and it is only on receipt of the information requested that consideration can be made on the application.

Written Answers — Victims' Commission: Victims' Commission (2 Feb 2005)

Michael McDowell: The issue of a charter of the kind referred to is under consideration in my Department.

Written Answers — Dublin-Monaghan Bombings: Dublin-Monaghan Bombings (2 Feb 2005)

Michael McDowell: On 29 April 2002, the Irish and British Governments entered into an intergovernmental agreement on police co-operation which provides for, inter alia: personnel secondments and exchanges; annual conference and liaison mechanisms; co-operation in the area of training; and joint disaster planning between the Garda Síochána and the Police Service of Northern Ireland. Effect has been given to...

Written Answers — Departmental Records: Departmental Records (2 Feb 2005)

Michael McDowell: Decisions regarding the retention, withholding and release for public inspection of 30 year old records are made pursuant to the provisions of the National Archives Act 1986. Responsibility for such decision-making rests with certifying officers at principal officer grade who apply their judgment in the application of primary legislation to particular instances. In the case of withheld...

Written Answers — Northern Ireland Issues: Northern Ireland Issues (2 Feb 2005)

Michael McDowell: The Deputy will be aware that the contemporary historical record already details the activities, actual and alleged, of the person in question. The release of any records held in this respect by public bodies, including by my Department and the Garda Síochána, is governed by the provisions of the National Archives Act 1986. According to those provisions, it is a matter for designated...

Written Answers — Consultancy Contracts: Consultancy Contracts (2 Feb 2005)

Michael McDowell: The information requested by the Deputy is set out in the following tabular statement: Name of Consultancy/Work Group/Specialist Group Date established Expected date of report Helm Co-operation — re the establishment of a risk register in the Department December 2004 Mid 2005 Goodbody Economic Consultants — re evaluation of the European Refugee Fund 16...

Written Answers — Drugs in Prisons: Drugs in Prisons (2 Feb 2005)

Michael McDowell: Mindful of the commitments in the programme for Government, a group comprising Irish Prison Service management, prison governors, health authority representatives and clinicians has been consulted regarding a drugs policy for the Irish Prison Service. The policy will have regard to the commitment in the programme for Government to end all heroin use in Irish prisons and my commitment to...

Written Answers — Drugs in Prisons: Drugs in Prisons (2 Feb 2005)

Michael McDowell: I can confirm that an arrest took place recently regarding an attempt to smuggle a significant quantity of contraband, including what appeared to be several illicit substances, into Cork Prison. As this matter is currently the subject of a criminal investigation, I am sure that the Deputy can appreciate that it would not be appropriate for me to comment further on this matter, except to say...

Written Answers — Drugs in Prisons: Drugs in Prisons (2 Feb 2005)

Michael McDowell: It is extremely difficult to quantify the precise level of illegal drugs supplied or consumed by prisoners while in custody, particularly given the extremely covert nature of illicit drug supply and use in a custodial setting. However, an independent study by the Health Research Board, Drug Use Among Prisoners: An Exploratory Study, which was published in 2001, found that, "Once imprisoned,...

Written Answers — Censorship of Films Appeal Board: Censorship of Films Appeal Board (2 Feb 2005)

Michael McDowell: I can inform the Deputy that the details of the membership of the Censorship of Films Appeal Board is as follows: Chairman — Mr. Paul O'Higgins SC; and eight ordinary members — Ms Ann Walsh, Ms Cathy Herbert, Ms Sarah Moorhead, Mr. Kevin Myers, Ms Ann Mooney, Fr. Damien McNiece, Rev. Canon David Pierpoint and Ms Nicola Byrne. The terms of appointment of the members are in accordance with...

Written Answers — Film Censorship Laws: Film Censorship Laws (2 Feb 2005)

Michael McDowell: I can confirm to the Deputy that I am considering a review of the law in relation to this matter. Any such review will include the situation mentioned by the Deputy. Any proposals for changes to the legislation which might result from such a review would be brought before the Government and announced in the usual manner.

Written Answers — Garda Stations: Garda Stations (2 Feb 2005)

Michael McDowell: There are plans to provide an extension to Carndonagh Garda station and a sketch scheme of the proposed works is currently being considered by the Garda authorities. When the Garda authorities have signed off on the scheme, the Office of Public Works will be requested to progress the works to conclusion.

Written Answers — Road Traffic Offences: Road Traffic Offences (2 Feb 2005)

Michael McDowell: I am informed by the Garda authorities that statistics are not compiled in such a way as to distinguish between prosecutions for speeding, and other safety related offences, in respect of heavy good vehicles and other vehicles. I am further informed by the Garda authorities that the information could only be obtained by the expenditure of a disproportionate amount of Garda time and resources...

Written Answers — Road Traffic Offences: Road Traffic Offences (2 Feb 2005)

Michael McDowell: I am informed by the Garda authorities that the number of prosecutions for defective headlights over the past three years is as set out in the following table. Year Number of Prosecutions taken 2002 266 2003 245 2004 212 The declining trend in prosecutions in indicative of a greater awareness of motorists in ensuring headlights are in proper working order. This has been brought...

Written Answers — Garda Education: Garda Education (2 Feb 2005)

Michael McDowell: I have been informed by the Garda authorities that the number of members of the Garda Síochána who have received funding in order to pursue a degree in management or law over the past three years is as set out hereunder: Rank 2002/2003 2003/2004 2004/2005 Chief Superintendent 0 0 2 Superintendent 3 6 6 Inspector 9 11 6 Sergeants 15 16 19 Gardaí 48 43 42...

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