Results 2,341-2,360 of 18,727 for speaker:Michael McDowell

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: I do not want any case to move like a ping-pong ball between two courts with both refusing it, which would fly in the face of everybody's concept of justice. For instance, at the moment cases are transferred between geographical locations under criminal justice law. It is not necessary to apply in Dublin to receive a case if it is to be moved from Donegal. It is generally presumed that the...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: The Deputy will remember that as a matter of ordinary criminal justice procedure, at the moment provision is made for the transfer of cases from one court to another on a geographical basis in Ireland. Exactly the same provision applies in respect of that. They are considered to be final and unappealable orders. We do not want cases going into limbo or hyperspace between two courts. However,...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: As I said, that is the case for geographical transfers. If it were a case of "out of the frying pan into the fire" with, for example, a case going from a court with no delay to one with a substantial delay, the first court should make the inquiry as to whether it is in the interests of justice and whether an early trial is likely to occur if the decision is made. The court would ask the...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: Subsection 3 of the amendment states: In deciding whether it is in the interests of justice to transfer a trial, the Special Criminal Court may consider any factors it thinks relevant, including— (a) whether the transfer would be in the interests of the expeditious administration of justice, and (b) whether the transfer would prejudice the triable person or persons or the prosecution. All...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: I wish to give some background to this set of amendments, as they were not present when the Bill was passed by this House. The data retention amendments, which are set out in amendments Nos. 3 to 9, inclusive, and their timing represent a response to a confluence of circumstances. In January of this year, the Data Protection Commissioner, a statutory officer who is independent of the Minister...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: I share Deputy Jim O'Keeffe's view that Deputy Costello's points are valid on this matter. I was, therefore, relieved to know the point has been covered by the provisions of the 1993 Act which we are amending. We are inserting a new subsection (1) and (1)(a) into section 8 of the 1993 Act. The remainder of that section goes on to deal with various matters. It reads: (2) A person designated...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: The Taoiseach is not required to relate that he has excluded material. He must consult the designated judge on the issue that the publication of any matter would be prejudicial to the security of the State, the prevention of crime or whatever. He can then exclude that matter from the copies of the report submitted to the Oireachtas. I suppose the reason I and the Deputy are unaware of this is...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: I will address the last point first. We are dealing with a situation that exists at the moment; nothing dramatically new is about to take place. Under this provision, the Garda Commissioner will be in a position to make a formal request to every service provider carrying out a volume of business of interest to the Garda. In those circumstances the service providers will be obliged to keep the...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: The main service providers have received direction from the Minister.

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: Data of this kind are in any event of independent use and a necessity for a service provider. For example, if I were to get an enormous bill next month which I query, the service provider must be in a position to outline the occasions on which my phone was used to contact specific chat lines. It must be in a position to stand up its claim for money. At the end of a billing period it must be...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: Any telecommunications service provider must keep this kind of material to avoid being at the mercy of any subscriber who could claim that the bill was a complete invention and that the provider's machine had gone mad and was just thinking up bills to throw at a subscriber. These data already exist. If people want to contest their bills or claim that something extraordinary has happened,...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: This amendment was discussed substantially.

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: This amendment introduces a new section 60, which in turn inserts a new section 4A in the European Arrest Warrant Act 2003. Its purpose is to provide for a general presumption that the state issuing a European arrest warrant will comply with the requirements of the framework decision on the European arrest warrant unless the contrary is shown. This new section provides a general indication on...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: I fully empathise with the Deputy's concern that this amendment be fully understood before we accept it. If a European arrest warrant is issued in respect of Joe or Josephine Soap and is delivered to the Irish State for the purpose of having it executed against him or her while he or she is in Ireland, the issue that then arises is whether the requesting state intends to comply with its...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: Yes, it could be appealed to the Supreme Court.

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: This is a new creature. Until this law came into effect we had a twin-track approach to extradition issues: the conventional international law of extradition which was a state to state request implemented by courts pursuant to international law agreements; and in regard to the United Kingdom, the Isle of Man, the Channel Islands and other places, there was rendition on warrants, which was a...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: Where an offence specified in the European arrest warrant corresponds to an offence in Ireland the dual criminality requirement is considered to be met. This requirement arises for all offences other than those on what is termed the positive list which is set out in Article 2.2 of the framework decision. In that case the dual criminality requirement does not apply. The amendment provides a...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: The Act was silent as to which approach in principle was to be adopted by the court, that is, was it dual criminality on the date of commission of the offence or was it dual criminality on the date of the warrant. What we are doing here is fixing that the latter principle is the one the court is to follow. Until now the Act was silent on this issue. One could have two people arguing as to...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: The short answer to that question is "No" for the reasons I outlined earlier. This framework decision is subject to certain constitutional principles. The framework decision must be interpreted in accordance with the European Convention on Human Rights which is imported into European law by Article 6 of the European Union treaty. If murder were a criminal offence in Ireland and we brought in...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: I can give the Deputy that assurance. This would not operate to make someone liable to be prosecuted in breach of the terms of the convention, in other words, on a charge and a law which was trumped up afterwards to cover something that was in breach of that. There are many different complications to that principle. If, for instance, a state decides to extend its jurisdiction to deal with...