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

Michael McDowell: I move amendment No. 161: In page 66, to delete lines 18 to 44.

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

Michael McDowell: I move amendment No. 165: In page 69, between lines 8 and 9, to insert the following: "(12) Subsections (7) to (11) of this section apply and have effect in relation to a person convicted of a first offence under this section (other than a person who falls under subsection (13)(b) of this section), and accordingly references in those first-mentioned subsections to an offence under this...

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

Michael McDowell: I move amendment No. 166: In page 69, to delete line 9 and substitute the following: "(14) Section 27C of the Firearms Act 1964".

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

Michael McDowell: I move amendment No. 167: In page 69, line 12, after "imposed" to insert "under subsection (9) or (13)".

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

Michael McDowell: I move amendment No. 168: In page 69, line 16, to delete "the Act" and substitute "the Act of 1976". This is a simple drafting amendment.

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

Michael McDowell: Under the section as it stands, a garda may, on foot of a search warrant, enter the place named in the warrant at any time or times within one week after the date of issue of the warrant on production, if so requested, of the warrant and, if necessary, by use of reasonable force. Warrants are normally issued for one week. This amendment, in the name of Deputy Jim O'Keeffe, proposes to include...

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

Michael McDowell: The District Court deals with the vast majority of warrants and I intend to put this issue before its court rules committee. Unless there is some issue we have not considered, my preference is that a warrant should include on its face a clear indication of the time by which it is effectively dead. This means that somebody who is in charge of premises or in a home in respect of which a warrant...

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

Michael McDowell: With regard to the question of community fireworks, I accept that the consensus politically is that there should be a well established and operable system allowing for people to mount a fireworks display. At the moment, the legislation is very much importation oriented. I accept the Deputy's implied point that this is not a very satisfactory state of affairs. However, I am dealing with the...

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

Michael McDowell: It is not a matter of principle but of degree. Public opinion research carried out by my Department tends to support the proposition that the majority of people do not want the law to be changed but want it to be made effective. Though it may sound slightly intellectually cowardly to rely on an opinion survey for one's guidance in such matters, that is where I am at present and that is where...

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

Michael McDowell: I move amendment No. 170: In page 72, line 41, before "does" to insert "except in subsection (1)(b)".

Criminal Law (Home Defence) Bill 2006: Second Stage (Resumed). (28 Jun 2006)

Michael McDowell: Who put the loophole in place? The Deputy voted for it.

Criminal Law (Home Defence) Bill 2006: Second Stage (Resumed). (28 Jun 2006)

Michael McDowell: That is what the Deputy said would be the result of the Bill. It was an extraordinary admission on his part but that is exactly what he said.

Criminal Law (Home Defence) Bill 2006: Second Stage (Resumed). (28 Jun 2006)

Michael McDowell: That is what the Deputy said.

Criminal Law (Home Defence) Bill 2006: Second Stage (Resumed). (28 Jun 2006)

Michael McDowell: The Deputy never referred to burglars.

Criminal Law (Home Defence) Bill 2006: Second Stage (Resumed). (28 Jun 2006)

Michael McDowell: The Deputy forgot to put the reference to burglars into his text, which is sad. He is intent on reading his script and ignoring any replies.

Criminal Law (Home Defence) Bill 2006: Second Stage (Resumed). (28 Jun 2006)

Michael McDowell: A non-fatal solution.

Criminal Law (Home Defence) Bill 2006: Second Stage (Resumed). (28 Jun 2006)

Michael McDowell: We do not agree with 90% of the Bill. It is nonsense, as the Deputy well knows.

Criminal Law (Home Defence) Bill 2006: Second Stage (Resumed). (28 Jun 2006)

Michael McDowell: Hear, hear.

Criminal Law (Home Defence) Bill 2006: Second Stage (Resumed). (28 Jun 2006)

Michael McDowell: Why do we not accept Senator Morrissey's Bill? It is more reasonable and better drafted than this rubbish.

Criminal Law (Home Defence) Bill 2006: Second Stage (Resumed). (28 Jun 2006)

Michael McDowell: It is sad that a person who believes himself to be a lawyer is putting forward such rubbish on this occasion.

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