Results 561-580 of 18,726 for speaker:Michael McDowell

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: The provision's purpose is to allow the prosecution in the specifiedcircumstances to adduce evidence regarding the mental state of the accused person. It is based on section 6 of the English Criminal Procedure (Insanity) Act 1964. It makes it clear that, if the defendant claims to be insane, the prosecution can try to prove diminished responsibility and, similarly, if the defendant pleads...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: If the Senator withdraws the amendment, she can retable it on Report Stage.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: There is a simple answer which might not be obvious, however. An "approved medical officer" is defined as somebody practising in the State. If we use the term "consultant psychiatrist", it will allow somebody from abroad to discharge the function. There is no great mystery about it. The term "approved medical officer" has the meaning assigned to it under the 2001 Act. One has to be...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: There are references in subsections (3), (5), (8) and (9) in this section to "offences other than the offences charged". This is to take account of cases where a person charged with one offence may be convicted of a different one. If, for example, a person is charged with murder and found not guilty by reason of insanity and the Court of Criminal Appeal considers the applicant was suffering...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I am told it is copied directly from an English provision.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I was going to say something slightly different as regards the terms "on oath" and "or otherwise". The phrase "or otherwise" is sufficient to cover affirmation but I agree with the narrow point the Senator is making about the interpretation.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I cannot accept this amendment. The purpose of paragraph (b) is to provide for circumstances where a person is detained at a designated centre which is also a prison. As prisons do not have clinical directors, the duties and powers noted in section 12 are conferred on the governor as head of the prison. Provision is made for appropriate advice to be provided to the governor in the exercise of...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: The word "disposal" is technically correct but may sound a little offhand. I do not have a thesaurus with me but I am trying to think of some other appropriate word. The word "future" is too vague, but between now and Report Stage I will come up with something less open to misinterpretation. Some unfortunate American person used the word "niggardly" on one occasion, and people who did not...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: The powers that can be exercised include the power of making orders subject to conditions. There is no absolute certainty in this matter. To some extent one is looking into a crystal ball, and one cannot be certain as to what the future will bring. One must however make a fair decision regarding the person. Currently, such decisions are taken by the Minister for Justice, Equality and Law...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I have no idea offhand what the figure is as files appear regularly on my desk. However, these are not for the final release of individuals from the Central Mental Hospital but for approval of, for example, someone going on an annual holiday with or without supervision. I cannot give the Senator a rough estimate on the numbers of people who are the subject of a final decision. However, I can...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I agree that Senator Henry's proposed wording is preferable to the existing text. It was initially planned to amend this section but we held back. I propose now to deal with this issue on Report Stage. I hope to table an amendment resulting in as good, if not better, a wording than Senator Henry's for this section.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: That may all be very well. However, take the example of a psychiatric institution staff member with an individual on a day visit who then escapes. If the staff member sees the person at a later stage and must then get a garda, he or she will lose sight of the individual. It is desirable that we are not inflexible in these situations. I will look at the amendment again but I am not convinced...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I will examine that amendment for Report Stage.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I have examined this amendment and intend to table an amendment on Report Stage to incorporate its proposals.

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage. (21 Apr 2004)

Michael McDowell: Tairgim: "Go léifear an Bille an Dara hUair anois." I move: "That the Bill be now read a Second Time."

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage. (21 Apr 2004)

Michael McDowell: The purpose of the Bill——

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage. (21 Apr 2004)

Michael McDowell: The purpose of the Bill——

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage. (21 Apr 2004)

Michael McDowell: On a point of order——

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage. (21 Apr 2004)

Michael McDowell: The Deputies opposite seem to be labouring under an illusion.

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage. (21 Apr 2004)

Michael McDowell: The vote that will be taken on Tuesday next will be on the basis of the question, "That the Bill be now read a Second Time." That is what will be decided at the end of this debate.