Results 8,841-8,860 of 18,729 for speaker:Michael McDowell

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: Under the 1935 law, the boy committed an offence and the girl did not.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: If I reinstated the pre-existing law, it would bring about the present situation that the boy commits an offence theoretically but the girl does not. I am providing that girls do not commit an offence so they are not stigmatised and boys, who could commit serious offences under this provision, should not be prosecuted save by the direct decision of the Director of Public Prosecutions. I will...

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: It may be of assistance to the Deputy. I am trying to preserve the status quo until the House has an opportunity to work out a consensus. I will accept Deputy Jim O'Keeffe's amendment No. 19 on the sex offenders' register. I am trying to show a reasonable approach to the matter in this atmosphere.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: It is a strange one.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: With regard to transitional arrangements, the Interpretation Act is relevant if a section is repealed. For example, section 2 of the 1935 Act is to be repealed, and section 1 is already gone, as the Deputy will appreciate. Section 2 will be repealed by this Act, but it does not knock out existing prosecutions or prevent persons from being prosecuted with respect to past Acts. There is a doubt...

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: There is a significant issue. The Deputy can tell his counsel friends that a significant issue exists.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: I am not disposed to accept a sunset clause. The all-party committee should try to arrive——

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: As soon as may be. If a consensus emerges, I will try to give effect to the consensus position on this question of teenage consensual activity and every other issue we have not been able to deal with in this legislation.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: The DPP has very wide discretion. I asked him whether a provision taking into account age, which was analogous to taking into account the interests of the child, would be a good or bad idea. His view was that his discretion should be left untouched by legislative measures. If we start legislating for how discretion is exercised, it will end up becoming the subject of judicial review, which is...

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: The DPP can lay alternative counts and there is a provision for alternative verdicts. Somebody should not be able to escape liability by saying he thought a girl was 15 when he was accused of having sex with her on the basis that she was 14. It can easily be remedied by the DPP putting two counts against the accused in a live case. Under the 1924 Act, where a trial is ongoing or has started,...

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: I got into trouble recently when I accepted on the hoof an amendment to another Bill.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: The issue is adequately dealt with by alternatives.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: The amendment is accepted.

Order of Business. (7 Jun 2006)

Michael McDowell: They are on to Deputy Durkan.

Written Answers — Pension Provisions: Pension Provisions (7 Jun 2006)

Michael McDowell: I assume the Deputy is referring to occupational pensions and not to the pensions schemes administered by the Department of Social and Family Affairs. The existing legislation as contained in the Family Law Act 1995 and the Family Law (Divorce) Act 1996 enable the courts to make a range of orders for ancillary relief in judicial separation or divorce proceedings. Such relief may include where...

Written Answers — Security of the Elderly: Security of the Elderly (7 Jun 2006)

Michael McDowell: The Private Security Authority was established under the Private Security Services Act 2004 as a statutory independent body to regulate and licence the Irish private security industry. Installation of all types of security equipment is one of the services for which licences will ultimately be required. I am informed that the PSA has already commenced issuing licences to contractors installing...

Written Answers — Refugee Status: Refugee Status (7 Jun 2006)

Michael McDowell: The refugee in question made an application for family reunification in January 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. When this investigation is completed, the Commissioner will prepare and forward a report to my Department. The application will then be considered by my Department...

Written Answers — Visa Applications: Visa Applications (7 Jun 2006)

Michael McDowell: The visa in respect of the person concerned has recently been approved, and the notification issued. The notification was issued to the most recent address on record which is in Belgium.

Written Answers — Departmental Staff: Departmental Staff (7 Jun 2006)

Michael McDowell: The Public Appointments Service has advised that it has received 2,044 applications under the recently advertised competition for Clerical Officer posts in the Garda Information Services Centre in Castlebar.

Written Answers — Citizenship Applications: Citizenship Applications (7 Jun 2006)

Michael McDowell: In my response to Parliamentary Question No. 247 on 29 March 2006, I informed the Deputy that in the case of the two persons in question, they did not have the permission of the Minister for Justice, Equality and Law Reform to reside in the State for the period June 2003 to December 2003 and consequently, did not have the necessary reckonable residency prior to the date of their applications....