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

Michael McDowell: Yes.

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

Michael McDowell: In those circumstances, this Bill is of no use to anyone. If one shoves a person out of one's house and the person bangs his or her head and dies from the injury, this Bill is of no use. It has been consciously designed in that way, which occurs when there is hasty drafting, unlike the case of Senator Morrissey's considered drafting.

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

Michael McDowell: Section 6 would amend section 13 of the 1997 Act by excluding a person from an offence of endangerment where the conduct takes place within a dwelling. The objective of Senator Morrissey's Bill is to amend the civil and criminal law to allow the use of justifiable force by occupiers of domestic dwellings against trespassers who have criminal intent. This is another extraordinary aspect of the...

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

Michael McDowell: There have been Criminal Justice Bills concerning public order, insanity and many other issues. Therefore, it is not as if this was just a one-off, mammoth Bill which substitutes for the absence of any other legislation. I wish to respond to remarks made earlier in the debate about the three amendments, which are entirely typographical and grammatical and have no substantive meaning. It is...

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

Michael McDowell: No.

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

Michael McDowell: As is clear from the Garda Síochána Act, volunteer reserve members of the force will only have such powers as are conferred on them by the Commissioner. As I indicated to the committee last week, the powers conferred on the reservists at this point are those set out in the discussion document which was before that committee. They do not, at this stage, involve the issuance of warnings under...

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

Michael McDowell: Tá mé buíoch den Teachta as an méid atá ráite aige. Phléigh muid an t-ábhar seo anuraidh le linn na díospóireachta ar an Garda Síochána Bill. Ní aontaím leis an Teachta. Ar leathanach 14 den Bhille, "be it enacted by the Oireachtas as follows", ní bhainimid úsáid as an réamhfhocal "an" sa chomhthéacs sin. Ceist stíle atá ann ach tá mé sásta leis an téacs mar atá.

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

Michael McDowell: Níl stíl phearsanta i gceist. Sa Garda Síochána Act 1925, úsáidtear "the Garda Síochána" agus dúirt an Teachta O'Keeffe faoi sin that if it is alright for Kevin O'Higgins, it is alright for him.

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

Michael McDowell: I move amendment No. 5: In page 14, between lines 20 and 21, to insert the following: "(6) The collective citation "the Misuse of Drugs Acts 1977 to 2006" shall include Part II (other than section 7) of the Criminal Justice Act 1999 and Part 8(other than section 86) and those Acts and those Parts (other than the sections specified) shall be construed together as one.". This is a brief...

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

Michael McDowell: B'fhéidir go bhfuil an Teachta ag déanamh dearmaid. Tá sé mar dhualgas orm an Bunreacht agus an European Convention on Human Rights a leanúint má tá mé ag déanamh regulations faoin Acht seo. Dá bhrí sin, níl mé in ann na leasuithe a ghlacadh.

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

Michael McDowell: Is cúis bhróin é dom arís nach bhfuil mé in ann aontú leis an Teachta.

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

Michael McDowell: Níl am gan teorann ar fáil don Teach seo. Ní shílimse go mbeadh comhaltaí an choiste dlí agus cirt i bhfábhar dualgas a bheith orthu gach rialachán a phlé, mar atá molta ag an Teachta.

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

Michael McDowell: A similar amendment was discussed on Committee Stage but several problems were attached to it. While I appreciate Deputy Howlin did not have the opportunity to refine his thinking on the matter, I accept his motivation in tabling this amendment. The Data Protection Act 1988 and Data Protection (Amendment) Act 2003 make specific provision on the sharing of information for the purposes of a...

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

Michael McDowell: I presume it is. If the Garda was attempting to find where I was, it would go through the usual channels.

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

Michael McDowell: It would have to consult one of its members. I do not believe there is a problem in the area of information sharing. I agree with the Deputy that a problem exists with unexecuted warrants. However, it is not related to whether people are signing on the dole. If the Garda wanted to know where a person was signing on, it could find it out. I will examine the principle in the context of the...

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

Michael McDowell: I move: "That Report Stage be taken now."

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

Michael McDowell: I appreciate why Deputy Howlin tabled the amendment. I take the point that the Bill is very large. If I produced ten Bills, as Deputy Ó Snodaigh suggested, they would not be passed by this Dáil but would be for a future Dáil to consider.

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

Michael McDowell: Perhaps one or two might have been passed but not ten.

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

Michael McDowell: The Legislature is not tedious and I enjoy the legislative function very much. I thank the Deputies, whatever their views on the individual provisions of the Bill, for the very detailed consideration they gave to them on all Stages in this House. The Heads of the Bill were circulated in advance, as were all the amendments, which were discussed in advance of their tabling on Committee Stage. I...

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

Michael McDowell: I will deal with Deputy Jim O'Keeffe's point first. As regards the implementation of this Bill, it is my intention to do what I did with the Garda Síochána Act last year, that is, set up some form of implementation monitoring group so that it does not gather dust. All steps must be taken as quickly as possible to ensure the legislation is brought into operation in its entirety. I am...

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