Results 13,641-13,660 of 18,736 for speaker:Michael McDowell

Criminal Justice Bill 2007: Committee Stage (29 Mar 2007)

Michael McDowell: There is no point in shouting either. I put before the people a scheme of a Bill and I asked the Parliamentary Counsel to draft that Bill. There is good material for the reform of criminal law in this package.

Criminal Justice Bill 2007: Committee Stage (29 Mar 2007)

Michael McDowell: I will not on Committee Stage turn the Bill into an enactment package of the Hogan report.

Criminal Justice Bill 2007: Committee Stage (29 Mar 2007)

Michael McDowell: It is not a small part.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I am not opposed to the proposition being put forward. However, it would be very imprudent of a Minister to accept an amendment without consulting the Attorney General and obtaining his advice on it.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I cannot accept the amendment on that basis.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: Time is required to consider it. If I were asked, I would choose Deputy Howlin's approach rather than Deputy Jim O'Keeffe's but I do not preclude that the Attorney General may fail to see merit in the latter's approach. I need time and a Government decision but I have neither. This legislation, when debated on Second Stage, did not incorporate any of this material. If I am accused of...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: In response, I am trying to deal with gangland crime.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I announced a package last December and have produced legislation that faithfully accords to that message.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: It has just been decided.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: On what page of the report?

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I agree with the Deputy's amendment and propose to accept its principle. I want to think about the exact way in which it should be brought into law. I recall a case where because of intimidation an individual was allowed watch from a van on a street where it was understood the person would be and identify the person to gardaí. The evidence was acceptable in court.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: It was accepted in the Special Criminal Court. I accept the point about sexual crime victims being re-traumatised by a very scary process in which they must physically confront their assailants. I take the wider point on gangland activity where people may find the process of identification frightening. It would be frightening if one saw somebody shoot down someone in front of one and was...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: Great minds think alike, but before Deputy Jim O'Keeffe smiles, he should wait for the rest of my reply. Approximately two years ago, the Taoiseach wrote to the Attorney General and me asking us to examine the issue. We have considered it and I will explain why it is a difficult matter. If Dr. Hogan's dissentient opinion, which is derived from a Supreme Court opinion on the Constitution, is...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I do not want to speak for the Attorney General, as I do not know his precise opinion on the matter, but I have always been a supporter of the minority in the Kenny decision. With respect, the majority was wrong. This is my personal viewpoint. It seems that the best course of action would be to re-argue the case before the Supreme Court on some proper set of facts or to hold a...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: One should always proceed by retrying something if possible, looking to the constitutional issue subsequently and so forth. I agree with Deputy Ardagh in respect of the notion that a garda acting in good faith could be found to have objectively breached the Constitution, despite the garda not knowing that he or she had done so or believing that it was not a breach. The evidence obtained...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: If I explained that the Attorney General said it was possibly constitutional and possibly not, I would have a hard time getting the legislation through the House. Some people might suggest I should instruct the Director of Public Prosecutions to revisit this matter in a suitable case before the Supreme Court. If I were to go down the constitutional route, it would be quite difficult for me...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: The merits of a particular case are not always 100% as we would like them to be. It is quite difficult, given the various circumstances which apply, to find a suitable case that is in a format in which one can bring it to the Supreme Court for an authoritative decision. I am not sure that my argument convinces anybody. The one thing I am absolutely sure of is that I will not accept this...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: The Deputy should read the decisions.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I agree with what has been said. Waiting for a suitable opportunity involves hoping the DPP finds such an opportunity, but he is independent and must make decisions independently. The Legislature might be better employed in considering a single clause Bill upon which other matters did not ride, as suggested by Deputy Howlin. I placed this on the agenda to be considered by the Hogan...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: Mr. Leahy stated that it is an argument in reverse to suggest that there were reasonable grounds to search the car because drugs were found. The judge famously replied that, backwards or forwards, it was common sense to him.