Results 4,681-4,700 of 18,728 for speaker:Michael McDowell

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: In respect of the views that have been expressed by people outside the House, they are entitled to those views. However, I find it very surprising that in all their letters to the newspapers and speeches on television, none of them pointed out that this has been the law in Great Britain since 1994 and in Northern Ireland since 1988. They made me look like some wild experimenter who was...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: The funny thing is that one would not have gathered any of that from the comments to which I have been subjected over the past week.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: Let us get on with it then.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I do not support it either.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I move amendment No. 102: In page 30, after line 47, to insert the following: "31.—(1) The Minister may make regulations providing for the administration of cautions by members of the Garda Síochána to persons in relation to offences. (2) The regulations may include provision for— (a) the form of caution to be administered to a person— (i) at any time before the person is charged with...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: Deputy Howlin also deals with the liability of a garda and I will await his comments before making my comment on it.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I have no problem with that.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I do not want to get into a protracted debate on mandatory sentences for drug offences. I am strongly of the view that there should be a general tariff of ten years for serious drug trafficking offences. As I said at the Association of Garda Sergeants and Inspectors conference, I strongly believe that a sentence of seven and half years, taking account of standard remission, should be the...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: Yes.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: On the figure of €500,000, the Attorney General has advised me that is a permissible proportionate barrier over which we could say the discretion cannot apply. I have approached it on that basis.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I have approached it on that basis but I am mindful of the point Deputy Howlin has made, that is, that it may create a two-tier approach in sentencing and it may send out a signal that if drugs are not valued at more than €500,000, one is not in the big league.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I take that point. That is a matter I want to consider again with my Government colleagues. I am interested in the points raised on that issue because if it had that effect it would be counterproductive and would send out the wrong signal.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: The Deputies will appreciate the Bill will proceed through this House, go before the Seanad and return to the House.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: Yes. I do not want to do something which is unconstitutional or unworkable. I do not want to have window dressing which does not have much practical effect. I suggest to Deputies that while the purpose of the section has general support, we need to address the question of whether it will be effective in achieving its aim. I propose to review the section and if I can recalibrate it to make...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I accept that. If I recalibrate the provision, I will return to the House with the recalibrated version. I do not want to discard it on the hoof on the grounds of difficulty without consulting my colleagues in Government, whom it would be a courtesy to inform of any proposed change in this matter, and ensuring that a recalibrated section with a narrower focus is worth having in place. If...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I do not know if I am allowed to table an amendment for tomorrow to abandon the section.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I move amendment No. 71: In page 18, line 27, to delete "12 months" and substitute "5 years".

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I move amendment No. 72: In page 18, line 28, to delete "who commits" and substitute "who is convicted on indictment of".

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I will reconsider it.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Michael McDowell: I move amendment No. 76: In page 18, between lines 41 and 42, to insert the following: "(a) section 2 of the Criminal Justice Act 1990;". The general rule is that where a person is convicted of an offence in the Second Schedule and within seven years commits another offence, then the sentence for the second offence must be at least three quarters of the prescribed maximum. That is the...