Results 7,581-7,600 of 18,729 for speaker:Michael McDowell

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

Michael McDowell: I examined it carefully, and Deputy Ó Snodaigh has acknowledged that I have moved considerably from the original text, but in the last analysis what we are faced with is what it is reasonable to do with somebody who is beyond treatment, for whom therapy is no longer an issue and who is simply psychopathic to such an extraordinary extent that he or she is dangerous to anybody who might come...

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

Michael McDowell: If an order of this kind were made, the Mental Health Commission would have to be involved in the process. It would not be the Minister for Justice, Equality and Law Reform conveniencing himself. It would be the Minister for Health and Children of the day saying the facilities at the Central Mental Hospital were not appropriate for the person and that the person was effectively so dangerous...

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

Michael McDowell: I am resisting all bad thoughts at the moment. To reply to Deputy Ó Snodaigh, this is an exceptional power. There are designated centres in place. The Mental Health Commission would have to express a view on this and it is extremely unlikely, therefore, that it would be used in an abusive way because the Mental Health Commission would say we are going down the wrong track in this particular...

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

Michael McDowell: The policy behind this dates back to 1996. This provision may cause more trouble than it is worth. In those circumstances, the appropriate thing to do would be to accept Deputy Ó Snódaigh's amendment and to withdraw my own.

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

Michael McDowell: I presume it is the case that all the paragraphs collapse into one if Deputy Ó Snódaigh's amendment is accepted. We do not have paragraph (a) sitting in the middle of nowhere. I believe that to be the case.

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

Michael McDowell: I move amendment No. 20: In page 5, to delete lines 14 to 25 and substitute the following: "(b) Subject to subsections (7) and (8), in a case to which paragraph (a) relates, the Court determines that an accused person is unfit to be tried, that Court shall adjourn the proceedings until further order, and may— (i) if it is satisfied, having considered the evidence of an approved medical...

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

Michael McDowell: Tá mé buíoch den Teachta.

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

Michael McDowell: I considered this amendment, which the Deputy tendered previously. Senator Tuffy, on behalf of the Labour Party, tabled a similar amendment in the Seanad. I have accommodated it as far as I can. I went back, through my officials, to the Parliamentary Counsel, who felt that if we took the route suggested by the amendment, a game of ping-pong would start that would prove unsatisfactory. Having...

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

Michael McDowell: I move amendment No. 23: In page 6, to delete lines 13 to 23 and substitute the following: "(c) Subject to subsections (7) and (8), if the judge determines that the accused person is unfit to be tried, he or she shall adjourn the proceedings until further order, and may— (i) if he or she is satisfied, having considered the evidence of an approved medical officer adduced pursuant to...

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

Michael McDowell: I move amendment No. 25: In page 6, line 27, to delete "of committal".

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

Michael McDowell: I move amendment No. 27: In page 6, to delete lines 35 to 41 and substitute the following: "(b) Within the period of committal authorised by the court under this subsection, the approved medical officer concerned shall report to the court on whether in his or her opinion the accused person committed under paragraph (a) is (i) suffering from a mental disorder (within the meaning of the Act of...

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

Michael McDowell: There is nothing to prevent a judge who is passing sentence from expressing an opinion of this kind. Hence, making a formal statutory provision for it would elevate it to an unnecessary degree of importance. While I have an enormous respect for the Judiciary, sometimes the opinions of its members on the question of mental treatment may or may not be correct. It is more appropriate that the...

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.