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

Michael McDowell: I move amendment No. 114: In page 51, line 10, to delete "€1,000" and substitute "€3,000". The purpose of the amendment is to increase the amount of fine from €1,000 to €3,000.

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

Michael McDowell: I think the Deputy is correct.

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

Michael McDowell: Sections 42, 57, 58, 59, 60 and 65 provide what are termed mandatory minimum sentences of five and ten years for possession of a firearm with intent to endanger life, possession of a firearm while hijacking a vehicle, possession of a firearm to resist arrest or aid escape, possession of a firearm in suspicious circumstances, possession of a firearm with criminal intent and altering a firearm...

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

Michael McDowell: Section 59 substitutes a new section for section 27A of the Firearms Act 1964. This provides for a maximum sentence of 14 years' imprisonment and a minimum sentence of five for the possession of firearms or ammunition in suspicious circumstances. Section 60 substitutes a new section for section 27B of the 1964 Act and provides for a maximum of 14 years and a minimum of five for the offence of...

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

Michael McDowell: I was in doubt about it. Under the Firearms Act six offences attract mandatory minimum sentences and I am providing in amendments Nos. 117, 119, 120, 132 to 135, inclusive, 139 to 141, inclusive, 151 to 157, inclusive, and 165 to 167, inclusive, that where an offence carries a mandatory minimum sentence, any person convicted of a second or subsequent such offence shall be automatically...

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

Michael McDowell: Yes. It also means that if a person is caught by the Garda in possession of firearms with the intent to endanger life and he has in the past, say in 1997, notched up a relevant offence, he is on notice that he will receive the mandatory minimum sentence without any deductions if he commits that offence. I am grateful to Deputy Jim O'Keeffe for opening this line of territory and to the Office...

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

Michael McDowell: That is what I am advised. Deputy Jim O'Keeffe aimed at the same outcome in his amendments Nos. 118, 130, 137, 143 and 163. I propose the Government amendments to cover the points he raised in his amendments. I am grateful to him for raising these issues. Deputy Ó Snodaigh is correct, and I agree with him warmly, that he has not persuaded me to change my mind on these matters. I know and...

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

Michael McDowell: I am not going down that road. However, any person in Dublin who has a Glock pistol in his pocket is a menace to society and this House must tell the Judiciary that there are no special and excusing circumstances for carrying a weapon with the intent to endanger life. If you commit a serious offence which carries a maximum penalty of life imprisonment, you can expect to take a serious hit if...

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

Michael McDowell: We will advertise but without my photograph.

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

Michael McDowell: It refers only to these offences.

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

Michael McDowell: I will respond briefly to Deputy Lynch's queries. I assure her that the deprivation of the special and excusing circumstances clause applies only to repeated instances of the offences with which we are dealing in this legislation. If one was done for shoplifting at an early age, that is not relevant.

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

Michael McDowell: The Deputy asked whether there is a contradiction between the line we are taking in this respect and the manner in which we are dealing with other issues such as the defence of one's home. Deputy Murphy will agree that not all of one's defence of one's home is done with a firearm. Most people do not have firearms in their homes——

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

Michael McDowell: ——and are not in a position to use firearms to defend their homes.

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

Michael McDowell: They are in a position to use pokers, hatchets and other implements.

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

Michael McDowell: They are entitled to defend themselves. There is nothing contradictory about saying that any obligation to retreat should be irrelevant when one takes a stance in defence of one's self, one's family, one's property and one's home. I do not think that is some kind of neo-fascist view, I think it is a reasonable view. I do not think one should be obliged to retreat from people who are invading...

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

Michael McDowell: I am just saying——

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

Michael McDowell: It is not for me to exploit the huge and vehement disagreement between the Labour Party and Fine Gael on this issue.

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

Michael McDowell: I will merely say that it is the first sign of a major fracture of opinion. Perhaps Deputy Murphy will agree that the cynic in me is possibly justified in saying that this division is a reflection of the parties' task of securing different segments of the electorate's vote. Deputy Lynch will be the bleeding heart and Deputy Murphy will wear the jackboot. They will be happy then.

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

Michael McDowell: We are straying a wee bit from the subject matter.

Criminal Law (Home Defence) Bill 2006: Second Stage (Resumed). (28 Jun 2006)

Michael McDowell: Who put the loophole in place? The Deputy voted for it.

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