Results 11,121-11,140 of 18,733 for speaker:Michael McDowell

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I move amendment No. 32: In page 8, between lines 40 and 41, to insert the following: "(3) A woman found guilty of infanticide may be dealt with in accordance with subsection (1).".

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I have shown in this debate that I am quite prepared to accept views from Deputies Ó Snodaigh, Costello, Murphy and others. However, in this case, I do not agree with the Human Rights Commission. The existing wording strikes the balance properly between the welfare and safety of a detained person and that of the public. This amendment would attach more weight to the interests of the person...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: The Interpretation Act 2005 has since come into force and repeals the 1937 Act. The Parliamentary Counsel advises that it is unnecessary to make provision in this Bill for the inclusion of the word "affirmation". Section 21(1) of the 2005 Act states: In an enactment, a word or expression to which a particular meaning, construction or effect is assigned by Part 1 of the Schedule has the...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: However, the Deputy's point is that people should have an option not to take an oath even if they have a religious belief that would permit them to so do. It is much of a muchness. Does the Deputy want a person to opt for what, in his or her mind, is a second class declaration and to state that he or she believes in the oath but will only give an affirmation on this occasion? That is the...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: We could spend a day trying to research the law on this matter.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: Yes.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I agree that is the question but today is not the day to make that decision.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: At the next Private Members' time Deputy Costello can introduce a Bill.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: On one occasion a judge was trying to find out whether a child understood the meaning of the oath. He asked what was an oath and the child replied that it was a promise to God to tell the truth. The judge then asked what happens if one tells a lie having taken the oath and the child's reply was that one wins the case.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: Limbo was abolished recently.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I carefully considered this amendment but I am still against it. It would hidebound the review board too much if it had to proceed by way of regulation the way Deputy Costello suggests. The board's procedures should be flexible and they should not be required to make regulations every time they lay down a procedure.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: There is no provision as to what would happen to the regulations anyway. There are no supporting amendments. There are only orders at present and, therefore, there would be a technical problem with it in any event. As I stated on Committee Stage, I do not want to make the system difficult and have statutory instruments every time there is a small change in procedures operated by the review...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I move amendment No. 38: In page 14, to delete lines 30 to 32.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I move amendment No. 42: In page 14, line 46, to delete "indictable". The amendment only occurred to us following Committee Stage. The amendment seeks to remove the term "indictable" from section 12(3)(a). The reference should be to an offence because section 3 deals with summary offences, indictable offences triable summarily and indictable offences.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I move amendment No. 44: In page 19, lines 30 and 31, to delete "Mental Health Act 2001" and substitute "Act of 2001". This is a technical drafting amendment.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I move amendment No. 45: In page 20, line 21, before "The" where it firstly occurs to insert "Notwithstanding subsection (1),". This is another technical drafting amendment proposed by the Parliamentary Counsel. Its purpose is to make it clear that the review board is not reliant on the initiative of the Minister in regard to reviewing detentions pursuant to certification under section 14(2)...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I move amendment No. 46: In page 20, between lines 30 and 31, to insert the following: 17.—Where the clinical director of a designated centre forms the opinion in relation to a prisoner detained in the centre pursuant to section 14 that he or she is no longer in need of in-patient care or treatment he or she shall, after consultation with the Minister, direct in writing— (a) the transfer...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I move amendment No. 48: In page 21, line 49, after "2006" to insert ", unless the context otherwise requires". This is a technical drafting amendment, the purpose of which is to make it clear in the context of courts martial under the Defence Act 1954 that the two definitions of "mental disorder" must be borne in mind and that their application is dependent on the context in which they arise.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I move amendment No. 49: In page 22, between lines 41 and 42, to insert the following: 20.—Section 1(3) of the Infanticide Act 1949 is hereby amended—— (a) in subsection (3)(c), by the substitution of "by reason of a mental disorder (within the meaning of the Criminal Law (Insanity) Act 2006)" for "by reason of the effect of lactation", and (b) by the substitution of "as for...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I fully appreciate what the Deputy is driving at but it is possible to add bodies by statutory instrument under the Freedom of Information Act 1997. Given the sensitive remit and functions of the new review board, I am not disposed to bringing it under the Act on a statutory basis. There is no suggestion that the mental health commission or the mental health tribunal operating under its...