Results 13,141-13,160 of 18,736 for speaker:Michael McDowell

Written Answers — Visa Applications: Visa Applications (7 Mar 2007)

Michael McDowell: The person concerned was granted a C visit visa to enter the State on 15th December 2006 and was granted permission to remain until 4th March 2007. A wrap-around information sheet accompanies every visa application form. That sheet makes it clear to the applicant that, in general, persons granted visas for particular purposes are not permitted to remain in the State for any purpose other than...

Written Answers — Garda Operations: Garda Operations (7 Mar 2007)

Michael McDowell: I am informed by the Garda authorities that the cost, including normal salaries, of ongoing Garda policing arrangements at Shannon Airport in 2006 was approximately €3.85 million. In this regard, the Garda authorities allocate resources in accordance with, inter alia, assessed threat, so it is the latter which ultimately determines the associated costs. It is the statutory function of the...

Written Answers — Drug Seizures: Drug Seizures (7 Mar 2007)

Michael McDowell: I regret that the information sought by the Deputy is not readily available in the time allowed and is currently being researched. I will contact the Deputy again when the information is to hand.

Written Answers — Garda Stations: Garda Stations (7 Mar 2007)

Michael McDowell: I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that they have made no decision regarding Mountjoy Garda Station at this stage. I should add that the formulation of proposals in relation to the opening and closing of Garda stations is a matter, in the first instance, for the Garda Commissioner in the context of...

Written Answers — Closed Circuit Television Systems: Closed Circuit Television Systems (7 Mar 2007)

Michael McDowell: As the Deputy is aware I launched the Community Based CCTV Scheme in June 2005 in response to the demonstrated demand from local communities across Ireland for the provision of CCTV systems. This Scheme is designed to provide financial assistance to qualifying local organisations towards meeting the capital costs associated with the establishment of local community CCTV systems. The scheme...

Written Answers — Garda Deployment: Garda Deployment (7 Mar 2007)

Michael McDowell: I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 following the attestation of 299 new members on Thursday, 16 November, 2006. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an...

Written Answers — Sexual Offences: Sexual Offences (7 Mar 2007)

Michael McDowell: I assume the Deputy is referring to the protection afforded by the criminal law to children against sexual abuse. I am satisfied that the criminal law offers comprehensive protection to children against sexual abuse. However, these laws are kept under continuing review and if the need for amending legislation is identified the necessary action is taken. Since the early 1990s there have been...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: The purpose of this short Bill is to remedy an error in the Criminal Law (Sexual Offences) Act 2006. The point we were dealing with last week in the Dáil was brought to my attention by Deputy Rabbitte, for which I thank him. While the error he pointed out is not as significant as has been claimed in many quarters, I have decided to act quickly and decisively to ensure the legislation on...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: Some of them I know myself and am very fond of them. I presume they were going through the legislation——

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: This error was picked up when they were preparing anti-grooming legislation. The Labour Party leader responsibly alerted me to this in the Dáil last Thursday. I said I would deal with it as soon as I possibly could. On Friday, he published a Bill and informed me he was glad I was making time available to deal with the matter as one of urgency in the Dáil. At that stage, I took it as the...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: I do not want to cut into time for amendments on the other Stages of the Bill. I fully agree with the views expressed in this House that we need a sexual offences Bill of a comprehensive kind. Although it was not given major coverage, I indicated last night in the Dáil that I intend to ask the codification committee, which has just been established and is operational in association with...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: I was screamed at as if there was something wrong with my head and I could not understand the issue. I was abused for not seeing the obvious. I cannot understand why all the people who accused me then of not being sufficiently urgent about it are now running columns in the same newspapers giving out shots about me for the consequences of legislating in haste. It is strange. Of course I...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: Either is acceptable. If a section is inserted in lieu of another one, it is substituted. The draftsman prefers "inserted" and the Senator's colleagues in the Labour Party prefer "as substituted". I am indifferent. Rather than bringing the Bill back to the Dáil, I will stick with "inserted".

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: I was called to the Bar in 1974 and practised in most courts, including the criminal courts and I knew my criminal law at the time. It was accepted among all barristers, all solicitors and all judges that the general rule was that mens rea was required, that is, that one had to know one was committing an offence. However, there were a number of exceptions but one classic exception was in...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: They are voters.

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: This issue is of some significance. The effect of accepting this amendment would be that the offence of gross indecency would be restored in respect of a young male over the age of 15. Effectively, a young gay man aged 16 who engaged in some act which was not an offence under the 2006 Act, for example, heavy petting — I do not want to get too detailed in this regard — would commit an...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: The particular section with which we are dealing was tendered as an amendment by the Labour Party in the Dáil yesterday. It is modelled on section 14 of the UK Sexual Offences Act of 2003. Fine Gael's Private Members' Bill incorporated into Irish law section 15 of that Act, but section 14 of the UK Act is the one with which we are dealing. I have to reject it for a number of reasons which...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: Nobody is perfect in all of this but I do not think he is correct on this one. In regard to the Child Trafficking and Pornography Act and the Sex Offenders Act, there is provision for extra-territorial offences to be committed. A person in Ireland who aids and abets the commission of an offence under those Acts commits an offence in this country. I cannot accept the amendment because of...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: This was a point that came up in the Dail yesterday. The Fine Gael Private Members' Bill was a very narrow Bill which was composed of two elements. It was obvious that the UK legislation was examined and one section was chosen as having potential for use in Ireland. Section 14, on which this amendment is based, is problematic. I wish to produce a proper grooming offence which is well...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: Last July the Government approved the scheme of a Bill that involves a general offence of grooming. The Department is working on it, in conjunction with the Office of the Attorney General. I had hoped it would be published by now but other matters have held it back. I commend Fine Gael on not taking all of the UK legislation and using it in its Private Members' Bill because some of it is...