Results 13,661-13,680 of 18,736 for speaker:Michael McDowell

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

Michael McDowell: I am the serial legislator.

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

Michael McDowell: Requiring a probation officer to act as a monitor is a misunderstanding of the role of the probation and welfare service. These officers are skilled people who deal with offenders. Looking at a screen and waiting for a button to flash has nothing to do with their qualifications and experience. I am not trying to be overly ideological, but Deputy Ó Snodaigh's hard left ideology is bringing...

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

Michael McDowell: I am sufficiently impressed by Deputy Howlin's amendment to accept it. I may have to look at the wording, but I shall accept it for the time being.

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

Michael McDowell: It does.

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

Michael McDowell: Briefly as regards (g), it would not oblige a court to follow other previous judgments made in respect of a person. However, if a person has been refused bail on eight occasions, why should this not be brought to the attention of the ninth judge? It would be strange if a judge were not to hear that type of material evidence. As regards subsection 5(a), extending the period for production...

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

Michael McDowell: If that were changed to "shall" it would cast a duty on the court to work this out in any particular case. I do not want newspapers to believe they are free to say anything they like about what happens in a District Court, unless a court orders otherwise. I want them to share responsibility in this matter. I will look at it again, but I am happier with "may" there, because it might be...

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

Michael McDowell: I do not believe this particular provision is necessary.

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

Michael McDowell: Depending on how Deputy Andrews drafts his Bill, there may be no problem with expunging previous convictions after a certain period has lapsed. I have considerable sympathy for the proposal. However, we must be careful as to what offences are not included.

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

Michael McDowell: I do not know whether Deputy Andrews's proposals will involve an application to a court to have records cleared or that it will happen with the efflux of time. The written statement does not mean it is in the applicant's handwriting. It is anticipated that there will be a prescribed format for the statement and the person concerned will have to fill it out to the best of his or her knowledge...

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

Michael McDowell: A signature can be a mark. I will examine the situation where an applicant may have such a string of convictions that he or she could not remember them all. A clause can be inserted that it is to the best of one's knowledge or belief. I do not want a situation where the accused can ask the Garda for a list of previous convictions.

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

Michael McDowell: I will consider the matter before Report Stage.

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

Michael McDowell: I accept that and I am glad the point has been raised. I do not want a situation where an individual with 85 previous convictions must give chapter and verse for each of them from memory when filling out a bail application. On the other hand, having three convictions for murder should stick in one's mind. Regarding subsection (7), there will be an insertion in the 1997 Bail Act, of which...

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

Michael McDowell: Yes, if the applicant was giving evidence, he or she would be considered a witness. Gardaí might be witnesses too.

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

Michael McDowell: The Act states that one does not have to say that.

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

Michael McDowell: I have listened to Deputy Howlin expound this view and I was interested to hear him elaborate on it now. Two issues arise, the first being the issue as to whether the word "considered" should appear in the last line of the subsection. I will examine this carefully. That something is evidence of something does not ascribe weight to it of any particular kind and does not oblige somebody to...

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

Michael McDowell: It corroborates the proposition that bail should not be applied.

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

Michael McDowell: It is not proof positive. I will be careful in my language. I would not agree with Deputy Howlin that it makes it conclusive evidence on the matter.

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

Michael McDowell: It is evidence but it does not prescribe the weight to be attached to that evidence and if it is cross-examined it could dribble away to nothing. If it appeared in the circumstances that it was a gratuitous or arbitrary opinion, then that evidence may mean nothing but at least it is admissible in the matter. I will look at Deputy Howlin's proposed amendment which is the taking out of the...

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

Michael McDowell: The phrase "that it is evidence" does not mean that it is conclusive evidence which a court must follow or to which it must attach a degree of weight. The phrase in question merely means that it is evidence along those lines. If, at the end of the argument, the court is to inquire whether it has any evidence that the prosecution's case is correct, the answer will be that it has that...

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

Michael McDowell: I do not accept that.