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Seanad: Defence of Life and Property Bill 2006: Second Stage (28 Feb 2007)

Michael McDowell: May I finish? Deputy Brian Hayes keeps interrupting me.

Seanad: Defence of Life and Property Bill 2006: Second Stage (28 Feb 2007)

Michael McDowell: If one excused all violence used on all trespassers in every circumstance, one would be saying that in the case of a child who came into a back garden to steal apples at whom a major stone could be thrown as a result of which he or she could have a broken neck or arm no liability would apply.

Seanad: Defence of Life and Property Bill 2006: Second Stage (28 Feb 2007)

Michael McDowell: The Deputy did not propose changing the definition when it mattered. Senators should bear these kinds of situations in mind. I will deal with the Government's intentions in this regard. Senator Cummins's was very interested to hear about them.

Seanad: Defence of Life and Property Bill 2006: Second Stage (28 Feb 2007)

Michael McDowell: I intend in the next few days to put before the Government a Criminal Law (Defence of Life and Property) Bill. In that context, I intend to produce a six sectioned Bill which will deal with the issues that have been raised here.

Seanad: Defence of Life and Property Bill 2006: Second Stage (28 Feb 2007)

Michael McDowell: I will tell the Senator that. The Government Bill will have extensive definitions of dwellings, curtilages, arrestable offences, harm, property and the like. It will also deal with the meaning of the use of force and will describe what is and is not a use of force and when a threat of force can be reasonable even though the actual use of force might not be. It will also deal with...

Seanad: Defence of Life and Property Bill 2006: Second Stage (28 Feb 2007)

Michael McDowell: We do not.

Seanad: Defence of Life and Property Bill 2006: Second Stage (28 Feb 2007)

Michael McDowell: On a point of order, the Senator seems to have misunderstood me.

Seanad: Defence of Life and Property Bill 2006: Second Stage (28 Feb 2007)

Michael McDowell: I told the Chair and the House that we intend to allow the Bill to proceed to Committee Stage.

Order of Business (1 Mar 2007)

Michael McDowell: It is proposed to take No. 15a, Broadcasting (Amendment) Bill 2006 [Seanad] — Financial Resolution; No. 23, Building Control Bill 2005 — Order for Report and Report and Final Stages; and No. 4, Defence (Amendment) No. 2 Bill 2006 [Seanad] — Second Stage. It is proposed notwithstanding anything in Standing Orders that No. 15a shall be decided without debate. Report and Final Stages of...

Order of Business (1 Mar 2007)

Michael McDowell: As Members are aware, this Bill was published in 2005. A number of Deputies, including Deputy Quinn, have urged us to get on with it. We have a duty to pass our legislation in a timely fashion. This legislation is important and the Government has been mindful of constant demands from the other side of the House that we get on with this Bill and not allow it to lag behind. In those...

Order of Business (1 Mar 2007)

Michael McDowell: The Government Chief Whip has indicated that he is prepared to add half an hour to that as well if the Deputy is willing to accept it. I am trying to accommodate the Deputy.

Order of Business (1 Mar 2007)

Michael McDowell: In respect of suicide and the Deputy's inquiry as to whether a Supplementary Estimate is intended, I would ask him to put down a question to the relevant Minister. I am not aware of any proposal to introduce a Supplementary Estimate in that regard. In respect of sentences, the Courts Service has initiated a project for dramatically improving the knowledge base and database for sentencing...

Order of Business (1 Mar 2007)

Michael McDowell: The Government approved the heads of the Criminal Law (Trafficking in Persons and Sexual Offences) Bill 2006.

Order of Business (1 Mar 2007)

Michael McDowell: Hold on a second. Can I answer please?

Order of Business (1 Mar 2007)

Michael McDowell: Last July. That Bill is currently being drafted in the Parliamentary Counsel's office.

Order of Business (1 Mar 2007)

Michael McDowell: That is the promised legislation. I am dealing with that.

Order of Business (1 Mar 2007)

Michael McDowell: There are also provisions under section 2 of the Child Trafficking and Pornography Act which deal with any information being used on the Internet in respect of implying a child is available to be used for the purpose of sexual exploitation within the meaning of section 3, irrespective of how or through what medium the representation, description or information has been produced, transmitted...

Order of Business (1 Mar 2007)

Michael McDowell: I am grateful to the Deputy for raising the issue. I have not examined it at all. This is the first time the issue has been raised with me. I know the Garda believes it has an adequate legal basis for conducting inquiries into matters which are currently the subject of public concern. If there were any requirement for a change in the law, as the House is aware, in the next couple of weeks...

Order of Business (1 Mar 2007)

Michael McDowell: What Bill is the Deputy talking about? I did not catch what he said.

Order of Business (1 Mar 2007)

Michael McDowell: In regard to the Company Law Consolidation and Reform Bill, as I understand it, the company law review group has provided heads for a major restatement of company law in one statute. The group has submitted its report to the Department which is now considering it and preparing its position to bring the matter to Government. That will be a major step forward in the consolidation of company...

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