Results 17,541-17,560 of 18,761 for speaker:Michael McDowell

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

Michael McDowell: I am grateful to the Senator for tabling the amendments, but having considered them, they are not necessary. Section 5(1) already deals in very clear terms with this matter, making it clear who the relevant authority in the sentencing state is, therefore there seems to be no advantage in attempting a definition of relevant authority in the interpretation section. The existing wording in...

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

Michael McDowell: I fully accept that every Bill should at some stage state its purpose, but there has been a long tradition that the Long Title of a Bill is the place in which to set that out. The particular example cited by the Senator may be one where it would be desirable to have a more ample statement of the purpose of the Bill in the Long Title or to have a separate purposes section somewhere in the...

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

Michael McDowell: Again, I am grateful to Senator Terry but I am advised that there does not seem to be a need for this amendment, as the existing wording in sections 5(1) and 6(1) makes it very clear which sentences are being referred to in each case, the Irish sentence or the foreign sentence. The present formulation is satisfactory. It has been suggested to me that the amendment could introduce a level of...

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

Michael McDowell: Section 2 of the Bill provides that it applies in regard to sentences imposed before or after the passing of the Act. The idea that the High Court could disapply it where it would be unjust to apply it raises a series of questions as to by reference to what does the term "unjust" mean. If it were by reference to some constitutional principle, under the canon of construction, there is a...

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

Michael McDowell: I am grateful to the Senator for tabling the amendments. However, I believe they contravene the terms of the parent convention. The six month threshold is set out in Article 3.1.c of the 1993 Convention on the Transfer of Sentenced Persons, which is the parent convention. The additional protocol and the Schengen provisions are to be read in conjunction with the convention, so the six-month...

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...