Results 9,441-9,460 of 18,729 for speaker:Michael McDowell

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

Michael McDowell: The Irish Human Rights Commission has publicly acknowledged this. The Law Reform Commission was mentioned in this morning's debate. At the recent launch of the Land and Conveyancing Law Reform Bill, the president of the commission was asked by a member of the press whether she felt frustrated that the commission's reports were not acted upon. She said the Law Reform Commission had a higher...

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

Michael McDowell: She also said in recent years the situation had substantially improved.

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

Michael McDowell: This reminds me of when F.E. Smith, later the first Earl of Birkenhead, made a lengthy legal submission to a judge. Half an hour into it, the judge said to Smith that he was still none the wiser for it. Smith replied, "Perhaps not the wiser, My Lord, but certainly much better educated".

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

Michael McDowell: Deputy O'Keeffe's amendment No. 92 proposes the insertion of the words "where the permission of that person has been obtained" in subsection (6)(b) in regard to applications for a limited certificate for a shotgun. I refer the Deputy to subsection (11) of the new section 30 which provides at paragraph (a) that a limited certificate relating to land occupied by a person other than the...

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

Michael McDowell: I am informed that while there are delays in regard to the issuing of new firearm certificates — sometimes of as much as three months — renewal is an almost automatic process, similar to getting one's car taxed. Lengthy delays are not a problem in terms of renewals. Applications for renewal should be submitted at a date proximate to the date on which the new licence commences. We do not...

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

Michael McDowell: I am advised that the three-month period for making a decision applies in regard to new certificates. The renewals process, however, is almost an automatic process.

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

Michael McDowell: I do not believe the three-month period applies to renewals.

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

Michael McDowell: Deputy Howlin is correct; it applies to all applications. However, the Deputy's argument is akin to demanding that Dublin City Council must renew one's car tax within three months of application. It all happens by an automatic process, more or less by return of post. The particular notional difficulty to which the Deputy refers — that a renewal could take three months — does not happen in...

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

Michael McDowell: This argument is academic but I will accept the amendment to prevent Deputy Howlin from calling another division.

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

Michael McDowell: I am causing division among the parties to the Mullingar accord.

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

Michael McDowell: The subsection uses language which is already used in other portions of the Bill but I agree it is rather quaint.

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

Michael McDowell: I accept the amendment.

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

Michael McDowell: The Commissioner has agreed to consult the shooting lobby, if I may use that phrase, and does so on a regular basis. It is not as if the——

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

Michael McDowell: It is not as if the Commissioner is hostile to that lobby. The guidelines are being provided for because effectively the High Court held that each local Superintendent was a corporation sole as regards making his or her mind up as to what policies would apply. Missives from the Phoenix Park and the Commissioner were deemed to be ultra vires and an improper circumscription of the discretion...

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

Michael McDowell: I am saying to the Deputy, yes, very definitely——

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

Michael McDowell: The Deputies are ignoring the fact that the Commissioner may want to issue security-related guidelines but he or she should not have to put them into the public domain just for the curiosity of the Deputies who wish to see how the matter is being dealt with. The Commissioner may want, at a particular time because of a particular perceived threat, to issue a particular guideline and it is not...

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

Michael McDowell: It is not extraordinary. It is perfectly reasonable. It will achieve a uniform policy across the country and allow the Commissioner to have an input into the decision making by Superintendents. I do not think that every aspect should be secret. I appreciate that if the Commissioner said something very general like, "be careful about younger applicants", that would not have any security...

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

Michael McDowell: I mentioned paying special attention. I did not say anything about denying a certificate.

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

Michael McDowell: I did not.

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

Michael McDowell: It has been agreed with the shooting organisations that the general guidelines will be discussed with them and published. I do not accept the proposition that a confidential guideline cannot be issued on occasion, although that may surprise people. Deputy Howlin referred to my attitude to the Freedom of Information Act 1997, but I remind him that before the introduction of amending...