Results 9,401-9,420 of 18,729 for speaker:Michael McDowell

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Failure to record an interview without reasonable excuse and in circumstances where there was a direction by the Garda Síochána that the interview should be recorded would constitute a Garda disciplinary matter. The disciplinary regulations of the Garda would be the appropriate way to deal with the matter.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: When this issue was discussed on Committee Stage, I said I would reflect on it. I have come to the conclusion that what I should do is communicate the two proposals and the debate we have had on them to the Law Reform Commission for it to examine the matter.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Yes. I trust I can be disorderly and mention the next amendment. The substance of both amendments will be communicated to the Law Reform Commission so that it can examine these propositions. A number of issues arise. First, let us suppose there was a case involving a gangland killing or somebody was taken into a romper room and shot in the head and, after some effort to extract a statement——

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: ——-it later transpired that not only had some gang boss shot somebody, he had also videotaped it. The same could apply to sexual crimes. Following a heavily contested case that ended in an acquittal, if eventually some accomplice of the baddie, so to speak, produced the video to the police, in those circumstances I tend to agree with Deputy Howlin that public opinion would be pretty...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I just wonder if the Deputy would wish it to be retrospective as well.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I do not know if there is a constitutional impediment.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: That is a matter I would like to consider. Clearly, at the moment an acquittal is an acquittal but could it be said that from now on acquittals are not absolute acquittals in the sense that they are subject to this process, or would one say, from now on and also in respect of previous acquittals, the same test will apply? Undoubtedly, the Attorney General would have a view on that. It is a...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: That is a debatable issue one way or the other. It does not really matter. These are two most interesting proposals and they should go to the Law Reform Commission for consideration. The commission should have the benefit of knowing what was said on Committee and Report Stages on this matter. In the circumstances, I would indicate in regard to amendment No. 62 that this is what I propose...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I could give the Deputy my personal views, but I should speak to my Government colleagues before I take any position.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: The House discussed the amendment in the context of amendment No. 62 when I indicated I would send amendments Nos. 62 and 63 to the Law Reform Commission for examination.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: This amendment is a proposal that an appeal under the section must be made within 28 days. The effect of the amendment would be to eliminate the words "or such longer period not exceeding 56 days as the trial court may, on application to it in that behalf, determine, from the day on which the order is made". This provision is to allow for flexibility in certain cases. The primary period...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I move amendment No. 74: In page 34, to delete lines 5 to 44 and in page 35, to delete lines 1 to 4 and substitute the following: "(a) by the substitution of the following subsection for subsection (1): "(1) In this Act— "ammunition" (except where used in relation to a prohibited weapon) means ammunition for a firearm and includes— (a) grenades, bombs and other similar missiles, whether...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I move amendment No. 75: In page 35, line 36, to delete "club or shooting range" and substitute "club, shooting range or any other place". The purpose of the amendment is delete the term "club or shooting range" and substitute the words "club, shooting range or any other place". It is a technical amendment to provide that a superintendent may authorise, if he is satisfied to do so on public...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Deputy O'Keeffe has tabled four amendments to the section. With regard to increasing from 14 to 16 years the age at which a training certificate could be granted, I came under sustained pressure from the shooting sport lobby, particularly those involved in competitive shooting, to provide that it should be lawful for young shooting enthusiasts to be able to use but not own a firearm at the...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: The intention is that a person over the age of 18 and upwards with a firearms certificate will be entitled to supervise a person who has a firearms training certificate.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: The 14 year old cannot possess a gun; he can only make use of it.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: No he cannot own it.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: He could carry it under supervision.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Only the 18 year old with him can own a gun. We are beginning to live in a fantasy world if we think that does not happen on farms in rural Ireland when people go rabbit shooting or whatever. It does happen.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Not to mention what Na Fianna get up to in the woods.