Results 9,441-9,460 of 18,729 for speaker:Michael McDowell

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: ——Senator Norris with his Bill on civil partnerships. On a number of occasions people from other parties have approached me and asked me for my advice and assistance on Private Members' legislation. I have always been willing to do so. For example, Senator Leyden approached me with his draft proposals on the registration of wills and I gave him every assistance I could in that respect. My...

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: Actually, I have a few minutes remaining. My concern is that the emotive nature of an encounter with a trespasser or an intruder with what might be perceived by the occupier as a criminal intent would have the effect of rendering a person incapable of properly assessing the reasonableness of his or her response and a tragedy of serious proportions might then ensue. We must consider whether...

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: No. I had to hold him at bay with a poker while my parents summoned the police.

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: I would have used force to prevent him doing further damage to the house — he had already done some damage — and to apprehend him.

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: When the gardaí arrived he made a run at them and me and was dealt with appropriately by the gardaí. I understand exactly the position of a householder in such circumstances. The incident took place long before the Non-Fatal Offences Against the Person Act 1997, but I certainly did not believe I was under any obligation to retreat and leave my parents exposed to that individual's...

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: I am not splitting any hairs but pointing out to the Deputy that his Bill does not even protect a child from being mutilated by guests in a house.

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: The Deputy admitted as much when challenged in the House. He said he was giving blanket immunity in respect of any civil action in those circumstances. We must live in the real world and Senator Morrissey's approach is far better. He said the kind of trespassers with whom he was concerned were those who broke into a house to commit a crime, not just those who crashed a party, whom most people...

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: I know that the Labour Party, which has a slightly better grasp on reality and the rights of people, will not support this legislation. I would bet that the Green Party will not support it. I do not know what Sinn Féin will do. The great majority of the Independent Members will not support this legislation because they will see it for what it is, namely an unreasonable, excessive and...

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: The more I think about this Bill, the more convinced I am that it is a tactic, a device and a stunt which has backfired. The more I think about it, the more the words used by Deputy Kenny about the obligation set out in the 1997 Act, put through when he sat at the Cabinet table, appear utterly ridiculous. The more considered and reasonable people think about it the more it will become...

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: ——unless they see——

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: ——a proposal in black and white.

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: They will certainly not be accepting Deputy Jim O'Keeffe's legislation because to do so would be——

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: Daffy Duck calling me a lame duck is a new one.

Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Michael McDowell: I was very impressed.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I have had an opportunity to reflect on the Deputy's contribution on Committee Stage. I have considerable sympathy for his view that in some cases warrants appear to run into the sand. I will ask the Courts Service to examine whether the rules of the District Court, which, in respect of some warrants, provide for a six month lifespan, should be reconsidered and whether there is a case to be...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I referred to filling out forms.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I appreciate where the Deputy is coming from because, on occasion, distasteful photographs are published which must be deeply upsetting for relatives. I just looked at a case that was disposed of the other day which featured photographs of blood on the ground. It must be very upsetting to the victim of the crime to see that scene again and again in the newspapers but that was the way it was....

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I am informed — and I agree — that the inclusion of the words, "as soon as reasonably practicable", is sufficient and broad enough to take care of any circumstance where there is a legitimate reason for a time difference between the giving of a direction orally and the recording of it in writing. I am aware that provisions such as that suggested are employed where certain procedural...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: We must rely on the Judiciary not only to be independent but also commonsensical and I believe it will not enforce the law in an unreasonable way.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: This set of amendments was carefully examined by the Parliamentary Counsel to see whether it would improve the situation and I am advised it would not. In these circumstances, I do not propose to accept the amendments.