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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.

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

Michael McDowell: It says that a garda not below the rank of superintendent can issue a search warrant.

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

Michael McDowell: Section 29 of the Offences Against the State Act allows for the issue of warrants on a non-judicial basis by senior Garda officers in certain circumstances. The committee that examined the Offences Against the State Act in the aftermath of the Good Friday Agreement examined that provision and in its report noted that: "The power to issue a warrant under section 29 is a vital weapon in the...

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

Michael McDowell: I am removing most of the bits of section 6 that deal with the issuance of non-judicial warrants and I am leaving the judicial bits of the section intact.

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

Michael McDowell: Apart from existing exceptions, in the Offences against the State Acts and under the Criminal Justice (Drug Trafficking) Act, I propose to remove the general proposal contained in my original amendment as set out on page 19 of the Bill, subsections (2), (3), (5) and the first four words of subsection (4).

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

Michael McDowell: They are coming up next, amendment No. 20 and subsequent amendments.

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

Michael McDowell: I am simply explaining what I am doing, I am not trying to discuss them.

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

Michael McDowell: I propose to remove subsections (2) and (3), the first four words of (4) and subsection (5), and to leave the rest of the section intact.

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

Michael McDowell: I confirm that is the case.

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