Results 7,601-7,620 of 18,729 for speaker:Michael McDowell

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...

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

Michael McDowell: I will bring the Deputy's suggestion to the attention of the Parliamentary Counsel but I will not attach a recommendation.

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

Michael McDowell: I thank my officials for the work they have put into this. A quarter of a century has passed since this matter was first dealt with by Judge Henchy. He is one of our great judges and he is still alive and well. It would be churlish not to thank him for all the work he and his committee put into the original document.

Written Answers — Road Traffic Offences: Road Traffic Offences (23 Mar 2006)

Michael McDowell: The information requested is not readily available and is currently being researched. I will be in touch with the Deputy when the information is to hand.

Written Answers — Sexual Offences: Sexual Offences (23 Mar 2006)

Michael McDowell: The Sex Offenders Act 2001 provides for a notification system, sometimes called a register, for persons convicted of a sex offence in the State and, in certain circumstances, for persons convicted of a sex offence outside the State. The register is the property of the Garda Síochána and is not available to the public. In exceptional circumstances, such as where the Garda is aware of an...

Written Answers — Asylum Support Services: Asylum Support Services (23 Mar 2006)

Michael McDowell: The reception and integration agency, RIA, is responsible for the accommodation of asylum seekers. In replies to recent parliamentary questions I have outlined, in detail, current trends in asylum seeker numbers such as a fall in the number of new applications together with a fall in the number of families seeking asylum, and the consequent implications for the RIA. Accommodation provision is...

Written Answers — Child Care Services: Child Care Services (23 Mar 2006)

Michael McDowell: I propose to take Questions Nos. 158 and 160 together. Responsibility for the national child care investment programme has been assigned to the Department of Health and Children as part of establishment of the new office of the Minister of State at the Department of Health and Children with special responsibility for children. With regard to the application for capital grant assistance under...

Written Answers — Asylum Applications: Asylum Applications (23 Mar 2006)

Michael McDowell: The person concerned arrived in the State on 14 March 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 16 February 2005 that the...

Written Answers — Citizenship Applications: Citizenship Applications (23 Mar 2006)

Michael McDowell: An application for a certificate of naturalisation from the person in question was received in the citizenship section of the Department of Justice, Equality and Law Reform on 26 September 2005. The average processing time for an application for naturalisation is 24 months. It is likely, therefore, that the file will be submitted to me for decision in or around September 2007. If the person...