Results 1,141-1,160 of 18,726 for speaker:Michael McDowell

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: There will be a central register. It may be divided by courts but it will be maintained by the Courts Service for all courts.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: The register, as opposed to a published document, will be published mainly on the Internet.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: I do not think anybody would buy this document.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: If it is a register, there is an obligation to put into it the name and address of every person who took a personal injuries action. It is an ongoing register similar to the cause book in the local court office.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: It would be possible to enter some time period after the words "shall enter", in subsection (2). I do not want to be overly prescriptive but it is clear it has to be established and maintained and that is a rolling process. I agree with Senator Walsh that one does not want a rolling process that never seems to roll. Perhaps something of that kind could be done. There will be a search facility...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: I am grateful for it.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: This amendment seeks to include the Child Abduction and Enforcement of Custody Orders Act 1991 among the list of relevant enactments in section 31(1) of the Bill. The term "relevant enactment" means those provisions for the hearing of family law matters otherwise than in public. Section 1(2) of the 1991 Act provides that the Courts (Supplemental Provisions) Acts 1961 to 1988 and that Act, in...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: The Senator is entirely correct. The current section 31 is cast more widely than I had intended when I sent the Bill for drafting. Rather than delay the matter at the time, when there was pressure to proceed with the legislation, I intended to revisit it at a later stage because it is somewhat vague and could lead to concern among some people that members of the public would sit in the back...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: I wish to give Senator O'Meara and others a sense of where I am coming from in respect of this matter. Subsection (2) states that nothing contained in a relevant enactment shall operate to prohibit the preparation and publication of a report of proceedings to which the relevant enactment relates. If that meant a law report of proceedings, it would be one thing. However, if it meant a...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: I would refer to such people as "researchers" rather than "students".

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: It is obvious that is it a good idea to allow some type of friend to accompany those involved in family law cases to hearings. People involved in organisations such as those mentioned by Senator Terry may fulfil such a role. One might want one's first cousin to attend as a supporter. We will have to deal with this matter flexibly. As Senator O'Meara said, if we make provisions by category,...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: I will consider the amendment in the context of what is necessary.

Seanad: Business of Seanad. (3 Jun 2004)

Michael McDowell: I am anxious for the Bill to be enacted soon. If Committee Stage is resumed on another date, I ask the Leader to arrange for it to be taken soon.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: I have received representations seeking the inclusion of an amendment similar to the one tabled by the Senator. I intend to review section 31 further and I am consulting with the Courts Service. I will return to this matter at a later stage of debate on the legislation. I accept the objective of the amendment and I will do my best to address it then. I wish to consult before I accept it.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: That is possible but I do not want to commit myself to it.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: I do not know if the procedure of the House will permit it but it might be wiser for me to accept amendment No. 45 if it were moved again. Can it be done on Report Stage?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: If Senator Henry's amendment is moved on Report Stage, I will accept it with a view to seeing if I need to refine it further thereafter.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: Amendments Nos. 47 and 48 represent retrograde steps. Amendment No. 47 would have reversed a change brought about by the Courts and Court Officers Act 2002. We would revert to the pre-2002 position in which interest on costs awarded to a party in court proceedings would run from the date of the judgment at 8%. That would mean that the losing party in an action would be obliged to pay this...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: No, I do not agree.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: The reason I do not agree is that the right to interest is not a constitutional right. In these circumstances, the obligation to pay interest on an unascertained sum of costs is penal. The defendant does not know how much he or she owes until the proceedings are over and he or she is then asked to pay a sum of money on the basis of a judgment that is given at a later stage. That is not fair....