Results 9,341-9,360 of 18,761 for speaker:Michael McDowell

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

Michael McDowell: This reminds me of when F.E. Smith, later the first Earl of Birkenhead, made a lengthy legal submission to a judge. Half an hour into it, the judge said to Smith that he was still none the wiser for it. Smith replied, "Perhaps not the wiser, My Lord, but certainly much better educated".

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

Michael McDowell: Deputy O'Keeffe's amendment No. 92 proposes the insertion of the words "where the permission of that person has been obtained" in subsection (6)(b) in regard to applications for a limited certificate for a shotgun. I refer the Deputy to subsection (11) of the new section 30 which provides at paragraph (a) that a limited certificate relating to land occupied by a person other than the...

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

Michael McDowell: I am informed that while there are delays in regard to the issuing of new firearm certificates — sometimes of as much as three months — renewal is an almost automatic process, similar to getting one's car taxed. Lengthy delays are not a problem in terms of renewals. Applications for renewal should be submitted at a date proximate to the date on which the new licence commences. We do not...

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

Michael McDowell: I am advised that the three-month period for making a decision applies in regard to new certificates. The renewals process, however, is almost an automatic process.

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

Michael McDowell: I do not believe the three-month period applies to renewals.

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

Michael McDowell: Deputy Howlin is correct; it applies to all applications. However, the Deputy's argument is akin to demanding that Dublin City Council must renew one's car tax within three months of application. It all happens by an automatic process, more or less by return of post. The particular notional difficulty to which the Deputy refers — that a renewal could take three months — does not happen in...

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

Michael McDowell: This argument is academic but I will accept the amendment to prevent Deputy Howlin from calling another division.

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

Michael McDowell: I am causing division among the parties to the Mullingar accord.

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

Michael McDowell: The House discussed the amendment in the context of amendment No. 62 when I indicated I would send amendments Nos. 62 and 63 to the Law Reform Commission for examination.

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

Michael McDowell: This amendment is a proposal that an appeal under the section must be made within 28 days. The effect of the amendment would be to eliminate the words "or such longer period not exceeding 56 days as the trial court may, on application to it in that behalf, determine, from the day on which the order is made". This provision is to allow for flexibility in certain cases. The primary period...

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

Michael McDowell: I move amendment No. 74: In page 34, to delete lines 5 to 44 and in page 35, to delete lines 1 to 4 and substitute the following: "(a) by the substitution of the following subsection for subsection (1): "(1) In this Act— "ammunition" (except where used in relation to a prohibited weapon) means ammunition for a firearm and includes— (a) grenades, bombs and other similar missiles, whether...

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

Michael McDowell: I move amendment No. 75: In page 35, line 36, to delete "club or shooting range" and substitute "club, shooting range or any other place". The purpose of the amendment is delete the term "club or shooting range" and substitute the words "club, shooting range or any other place". It is a technical amendment to provide that a superintendent may authorise, if he is satisfied to do so on public...

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

Michael McDowell: These three amendments aim at the idea that the public areas of Garda stations should be subject to video surveillance. I have no difficulty with the principle of this proposal. If we require, as many District Judges do, licensees of licensed premises which open late to install CCTV, and have it on many buses and the Luas, which goes past my house and which I use, I have no major problem with...

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

Michael McDowell: To some extent, banks and places of entertainment could do much more videoing and external surveillance in the immediate precincts of their premises to stop cash in transit incidents from taking place. There are some privacy issues. In general terms, I favour Deputy Ó Snodaigh's argument that we should have the keeping of a good record as a medium-term aim. We also need to consider whether...

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

Michael McDowell: I know. There are cases in which people who are brought to Garda stations and charged with crimes are told by their cohorts or bosses in crime that they have to demand a copy of the interview tape from the Garda. The crime bosses want the tapes so they can ensure that those who were interviewed did not squeal on other people who were involved in the offence. There are legitimate circumstances...

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

Michael McDowell: Yes, but it is not that easy to protect them.

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

Michael McDowell: I appreciate that. If we provide for a mechanism whereby it can be stated that a tape will not be supplied in particular cases, in the interests of the accused person, we will raise the immediate implication that he or she is hiding something from the people who are putting pressure on him to get the tape so they can look at it. It is a difficult question. I do not have a 100% solution to it....

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

Michael McDowell: A fraction of them are used for people who are taken into custody.

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

Michael McDowell: Failure to record an interview without reasonable excuse and in circumstances where there was a direction by the Garda Síochána that the interview should be recorded would constitute a Garda disciplinary matter. The disciplinary regulations of the Garda would be the appropriate way to deal with the matter.

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

Michael McDowell: When this issue was discussed on Committee Stage, I said I would reflect on it. I have come to the conclusion that what I should do is communicate the two proposals and the debate we have had on them to the Law Reform Commission for it to examine the matter.