Results 17,521-17,540 of 18,736 for speaker:Michael McDowell

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: This amendment seeks to provide that, before the Minister can consent to a request from a sentencing state for the enforcement of a sentence against an Irish national, I would have to be satisfied the person had not only fled from the sentencing state, but that he or she was in this State. The amendment is unnecessary as the Bill already refers to a person who has fled to this State. I do not...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: This is a simple text amendment to make the meaning of the words in the section clearer. It puts them in a slightly different order, which clarifies the position.

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: These amendments seek to make clear the purpose of sections 6 and 7. Both amendments seek to delete "he or she" and substitute "the Minister" to make it quite clear that we are talking about the Minister.

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: This is a grammatical amendment to remove the word "which" and insert the word "that". My computer, which in addition a spell-check facility also has a grammar check, is always telling me to take out "which" and put in "that". Sometimes I feel slightly offended by it, but apparently it has also happened to the Parliamentary Counsel on this occasion.

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: This amendment is to remove the phrase "the address of the place at which he or she resides in the State, if that is known" and substitute "the address of the place in the State at which the person is for the time being residing (if that is known).". It makes it slightly clearer.

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: I disagree with the principle of the proposed amendment. The Minister should be able to apply to the High Court at any time, even after the warrant is issued or executed if the Minister becomes aware of information which would justify him or her going back to the court to seek a variation in the warrant. This amendment would limit the Minister's discretion in that regard and is an unnecessary...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: This amendment seeks to delete the words "(if any)" from line 13 on page 8 of the Bill.

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: This amendment seeks to insert "(if that is known)" after "residing" so that where it is not known, it does not become a basis for argument that the procedure is not being complied with.

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: The amendment relates to situations in which the person has been provisionally arrested pending receipt of the formal request from the sentencing state. The existing proposal in the Bill is that the court should remand the person in custody. The amendment proposes to delete the requirement that the remand should be in custody, instead merely stating that the person should be remanded. I am...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: This is the Government's response to an issue which was very helpfully raised by the Opposition at an earlier point. The primary purpose of the Government amendments is to allow credit for the time served which is called the deductible period. Account will be taken of entitlements earned, including as a result of the time already served, if any, by the person whether in the sentencing state...

Seanad: Transfer of Execution of Sentences Bill 2003: Report and Final Stages (Resumed). (23 Jun 2004)

Michael McDowell: This amendment relates to the powers of the High Court to ensure any aspect of a sentence other than duration that is less favourable than the equivalent Irish sentence shall not be imposed. The amendment seeks to remove the discretion of the High Court and would simply state that no provision which is less favourable should be applied here. While that might seem reasonable, the issue remains...

Written Answers — Crime Prevention: Crime Prevention (17 Jun 2004)

Michael McDowell: The Garda authorities have informed me that the Tallaght district comprises Tallaght and Rathfarham sub-districts. The detective unit is responsible for the investigation and detection of crimes in the district. In addition, the drugs unit is also responsible for the investigation of the supply of illicit drugs in the district. These resources are further supplemented by a divisional task...

Written Answers — Legal Aid Service: Legal Aid Service (17 Jun 2004)

Michael McDowell: As the Deputy is aware, the Legal Aid Board is examining the possible benefits of relocating some or all of its suburban law centres in Dublin to locations in the city centre to bring them closer to the courts. The Deputy will appreciate that in accordance with good public service management practice, the Legal Aid Board keeps the operation of its law centre network under constant review....

Written Answers — Refugee Status: Refugee Status (17 Jun 2004)

Michael McDowell: The person referred to in the question was refused refugee status in the State following consideration of his case by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal. A notification under section 3(3)(a) of the Immigration Act 1999 issued to the person on 10 March 2004 in which he was advised that the Minister had decided to refuse him a...

Written Answers — Visa Applications: Visa Applications (17 Jun 2004)

Michael McDowell: The person in question, the mother of a person employed in the State, made a visa application in December 2003 to enable her visit her daughter here. The application was refused because it was not established, on the basis of the documentation supplied to my Department, that the applicant would observe the conditions of the visa. In particular it was considered that the applicant had not...

Written Answers — Immigration Policy: Immigration Policy (17 Jun 2004)

Michael McDowell: The Government's policy on immigration is to facilitate the orderly migration of non-nationals to the State for a purpose and in a manner which is consistent with the needs of our economy, the security and authority of the State itself, the general welfare of our citizens and respect for the rights of immigrants. The Government's view also is that Ireland must, as a fundamental expression of...

Written Answers — Legal Costs: Legal Costs (17 Jun 2004)

Michael McDowell: The policy of the Government in this area generally is reflected in the provisions of the Courts and Court Officers Act 2002, the Personal Injuries Assessment Board Act 2003 and the Civil Liability and Courts Bill 2004. I have indicated my intention to establish a group to examine the matter of the taxation of costs. Moreover, the Competition Authority, as part of its study of regulatory...

Written Answers — Garda Retirement: Garda Retirement (17 Jun 2004)

Michael McDowell: I currently have no plans to increase the retirement age for gardaí, sergeants, inspectors, superintendents and chief superintendents who were recruited to the force prior to 1 April 2004. The changes in the retirement age for members of the Garda Síochána, outlined in the Public Service Superannuation (Miscellaneous Provisions) Act 2004, will apply only to new entrants who are recruited...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: I am grateful to the Senators for their remarks. This is an area where we must get the balance right. I said I was not disposed to accept these amendments because, well-intentioned as they are, they do not quite achieve the right balance. For instance, would it be desirable that members of the public could enter courtrooms where such proceedings were going on and listen merely out of...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: I thank Senators for their thoughtful and committed contributions on the Bill, which it has been a pleasure to debate in the House. Some small improvement is still to be made to the Bill, but when I bring it back to the House in that improved state, it will mark a significant advance in the civil law of our society. In that context, much of the credit for making sure it is a good Bill falls...