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Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Perhaps I am counting wrongly. This is a matter of some consequence.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: If, for whatever reason, an application is not granted to a superintendent——

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: ——we are faced with two propositions. We could say it is deemed to be granted——

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: ——or we could say it is deemed not to be granted and give the person a right to go to somebody who will deal with the issue.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Yes, but——

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: ——you have not tabled an amendment to that effect. Frankly, that is not——

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: That is not on offer.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I am proposing a means of dealing with this issue. I am proposing that people who do not meet the deadline should have some clear method of getting a decision in their favour. To provide for another officer really does not answer the question. It may not be the officer's fault — it may be that the psychiatrist would not produce the report, for example. It may be that the superintendent was...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: The notion that it is based on the point of view of securocrats or people within the Department of Justice, Equality and Law Reform——

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: The possession of firearms is a very serious matter.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: If a person who got a licence by default killed somebody with a firearm——

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: ——Deputy Howlin would be the first to ask——

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: ——how the man in question got the licence in the first place.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I move amendment No. 122: In page 53, between lines 41 and 42, to insert the following: "(5) For the purposes of this section— (a) an issuing person— (i) who is required under section 3(9), 4A(7) or 10(4F) to decide on an application within a specified period, and (ii) who does not so decide, is deemed to have decided to refuse to grant the application, (b) the applicant is deemed to have...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I move amendment No. 123: In page 53, to delete line 42 and substitute the following: "(6) The jurisdiction conferred on the District".

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I move amendment No. 124: In page 54, line 40, after "station" to insert the following: "or at any other place approved for the purpose by a superintendent of the Garda Síochána". These amendments arise out of a discussion on Committee Stage in which there was a general consensus that there should not be an obligation simply to surrender weapons at a Garda station. Likewise the notion that...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I move amendment No. 125: In page 55, line 4, to delete "name and address" and substitute "name, address and proof of identity".

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I move amendment No. 126: In page 55, line 6, after "station" to insert "or place".

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I move amendment No. 127: In page 58, line 40, to delete "subsection (6)" and substitute "subsection (5)". This amends a typographical error.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I move amendment No. 128: In page 59, line 17, after ""firearm"" to insert ", where they first occur". This is a drafting amendment.

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