Results 9,281-9,300 of 18,729 for speaker:Michael McDowell

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: This set of amendments was carefully examined by the Parliamentary Counsel to see whether it would improve the situation and I am advised it would not. In these circumstances, I do not propose to accept the amendments.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: It says that a garda not below the rank of superintendent can issue a search warrant.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: Section 29 of the Offences Against the State Act allows for the issue of warrants on a non-judicial basis by senior Garda officers in certain circumstances. The committee that examined the Offences Against the State Act in the aftermath of the Good Friday Agreement examined that provision and in its report noted that: "The power to issue a warrant under section 29 is a vital weapon in the...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I am removing most of the bits of section 6 that deal with the issuance of non-judicial warrants and I am leaving the judicial bits of the section intact.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: Apart from existing exceptions, in the Offences against the State Acts and under the Criminal Justice (Drug Trafficking) Act, I propose to remove the general proposal contained in my original amendment as set out on page 19 of the Bill, subsections (2), (3), (5) and the first four words of subsection (4).

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: They are coming up next, amendment No. 20 and subsequent amendments.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I am simply explaining what I am doing, I am not trying to discuss them.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I propose to remove subsections (2) and (3), the first four words of (4) and subsection (5), and to leave the rest of the section intact.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I confirm that is the case.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: Yes, from recollection the gravamen of the report was that there should be qualifications on the general right to issue section 29 warrants.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I am not in a position to do it in a measured balanced way right across the board.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I will act in a balanced manner when I am in a position to explain to the House exactly what the issues are. It would be unfair of me to say that I am changing the law without saying exactly why.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: It is very unsatisfactory but that is the position in which I find myself.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: It is the law that when a District Court judge issues a warrant the offence in respect of which it is issued is specified on its face.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: There is no such thing as a general warrant.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: There is no such document as a warrant to search places for any old offence.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: The subject matter of amendment No. 19 can be dealt with under the rules of the District Court.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: No, I am wrong about that. It is dealt with in a subsequent amendment in my name. On Committee Stage, we dealt with that issue near the end of the Bill. This relates to the Dylan Creaven case.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: We dealt with that towards the tail end of the Bill, in a different place. I misunderstood what the Deputy was highlighting.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 20: In page 19, to delete lines 1 to 22.