Results 9,241-9,260 of 18,761 for speaker:Michael McDowell

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

Michael McDowell: I move amendment No. 120: In page 52, line 37, after "imposed" to insert "under subsection (4) or (8) of this section".

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

Michael McDowell: I sympathise with the view that matters should be dealt with expeditiously but the courts have other things to do. It is not usual to put into a provision in respect of a court's exercise of its jurisdiction that it will act at the earliest opportunity available, or words to that effect. Amendments Nos. 122 and 123 are in my name. Section 30 as it stands provides that any person issuing a...

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

Michael McDowell: The amendment proposes that firearms range inspectors, when entering firing ranges, be accompanied by a Garda sergeant with the consent of a superintendent. The function of a firearms range inspector is quite clear. It is to examine the range from structural, technical and safety points of view and to advise the Commissioner on whether it is suitable for authorisation. Persons appointed by...

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

Michael McDowell: I move amendment No. 108: In page 47, to delete lines 17 to 29 and substitute the following: 37.—Section 8 of the Principal Act is amended in subsection (1) by the deletion of paragraphs (d), (e), (f) and (g) and the insertion of the following paragraphs: "(d) any person who has been sentenced to imprisonment for— (i) an offence under the Firearms Acts 1925 to 2006, the Offences Against...

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

Michael McDowell: I move amendment No. 111: In page 48, line 18, to delete "18 years" and substitute "21 years". The amendment simply raises the age at which a person may be registered as a firearms dealer from 18 to 21 years, as I agreed to do on Committee Stage. Deputy Jim O'Keeffe's amendment No. 112 is similar to his amendment No. 110 regarding disentitlement to hold a firearms certificate for a person who...

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

Michael McDowell: The amendment proposes to narrow down further what is provided for in section 10A(3)(e), which states: "the premises where the reloading is to take place are sufficiently safe and secure for that purpose". The Deputy proposes to provide that the premises "has secure storage for required material and equipment and is separate and distinct from living quarters". I have consulted in this regard...

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

Michael McDowell: It would not be reasonable to interpret paragraph (e) as dealing only with perimeter security of a premises. The requirement that a superintendent must be satisfied that the premises where the loading is to take place is sufficiently safe and secure for that purpose not only means that the outside doors and windows must be safe but that the premises themselves are safe for the purpose. The...

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

Michael McDowell: I move amendment No. 114: In page 51, line 10, to delete "€1,000" and substitute "€3,000". The purpose of the amendment is to increase the amount of fine from €1,000 to €3,000.

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

Michael McDowell: I think the Deputy is correct.

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

Michael McDowell: Sections 42, 57, 58, 59, 60 and 65 provide what are termed mandatory minimum sentences of five and ten years for possession of a firearm with intent to endanger life, possession of a firearm while hijacking a vehicle, possession of a firearm to resist arrest or aid escape, possession of a firearm in suspicious circumstances, possession of a firearm with criminal intent and altering a firearm...

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

Michael McDowell: Section 59 substitutes a new section for section 27A of the Firearms Act 1964. This provides for a maximum sentence of 14 years' imprisonment and a minimum sentence of five for the possession of firearms or ammunition in suspicious circumstances. Section 60 substitutes a new section for section 27B of the 1964 Act and provides for a maximum of 14 years and a minimum of five for the offence of...

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

Michael McDowell: I was in doubt about it. Under the Firearms Act six offences attract mandatory minimum sentences and I am providing in amendments Nos. 117, 119, 120, 132 to 135, inclusive, 139 to 141, inclusive, 151 to 157, inclusive, and 165 to 167, inclusive, that where an offence carries a mandatory minimum sentence, any person convicted of a second or subsequent such offence shall be automatically...

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

Michael McDowell: Yes. It also means that if a person is caught by the Garda in possession of firearms with the intent to endanger life and he has in the past, say in 1997, notched up a relevant offence, he is on notice that he will receive the mandatory minimum sentence without any deductions if he commits that offence. I am grateful to Deputy Jim O'Keeffe for opening this line of territory and to the Office...

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

Michael McDowell: That is what I am advised. Deputy Jim O'Keeffe aimed at the same outcome in his amendments Nos. 118, 130, 137, 143 and 163. I propose the Government amendments to cover the points he raised in his amendments. I am grateful to him for raising these issues. Deputy Ó Snodaigh is correct, and I agree with him warmly, that he has not persuaded me to change my mind on these matters. I know and...

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

Michael McDowell: I am not going down that road. However, any person in Dublin who has a Glock pistol in his pocket is a menace to society and this House must tell the Judiciary that there are no special and excusing circumstances for carrying a weapon with the intent to endanger life. If you commit a serious offence which carries a maximum penalty of life imprisonment, you can expect to take a serious hit if...

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

Michael McDowell: We will advertise but without my photograph.

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

Michael McDowell: It refers only to these offences.

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

Michael McDowell: I will respond briefly to Deputy Lynch's queries. I assure her that the deprivation of the special and excusing circumstances clause applies only to repeated instances of the offences with which we are dealing in this legislation. If one was done for shoplifting at an early age, that is not relevant.

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

Michael McDowell: The Deputy asked whether there is a contradiction between the line we are taking in this respect and the manner in which we are dealing with other issues such as the defence of one's home. Deputy Murphy will agree that not all of one's defence of one's home is done with a firearm. Most people do not have firearms in their homes——

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

Michael McDowell: ——and are not in a position to use firearms to defend their homes.