Results 1,381-1,400 of 1,683 for speaker:Derek McDowell

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: I am simply apprising the Senator of the situation. He did his job professionally and to the best of his ability. While I regret I was unaware of these things, that is the truth of the matter. The statements made yesterday were also substantially true. If one used a motoring analogy, the Office of the Director of Public Prosecutions was in the driving seat while the Office of the Attorney...

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: I hope Senator O'Toole will report that to him. I make the point that when introducing that legislation in 1993, the former Minister for Justice, Máire Geoghegan-Quinn, made significant changes across the sexual offences area, including prostitution and other matters. Hence, given that a major piece of sex offence legislation was enacted after the Law Reform Commission's proposals were made,...

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: We will find that out in the Supreme Court. It is a matter for the Director of Public Prosecutions. The Latin maxim is "nemo debet bis vexari pro una et eadem causa", which means that a person should not be troubled twice for the same matter. This may or may not come to their aid. However, somebody who has not been troubled at all for what he or she has done is hardly in a position to talk...

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: On the Order of Business and Leaders' Questions with Deputies addressing issues to my face, giving out and wagging fingers at me, I must sit and remain silent with the Taoiseach or the Tánaiste answering on my behalf. This was my first opportunity to come and give my side of the story. Deputy Kenny sought figures on section 1(2), which relates to intent. Section 2 of the Act is the...

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: That is the point. It is not open to Senator O'Toole to peruse.

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: It is accessed by the police. People convicted of certain offences are required to be registered for certain periods, which obliges them to notify the State of their whereabouts, whether they are going abroad, changes of address, etc. It enables an eye to be kept on them.

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: The question does arise as to whether people who have been prosecuted in the time since the register was introduced can now seek to have their entries expunged on the basis that they are a nullity. This is an issue that would need to be addressed if this was dealt with by judicial review rather than dealt with as a simple habeas corpus, black or white, all or nothing approach.

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: The short answer is "Yes". As I said earlier, legislation cannot deal with the issues that are being addressed in the Four Courts. Nothing I can do, no magic wand we can collectively wave and nothing we can put into or take out of a Bill can affect the outcome of that case. If the hearing were concluded on Friday and even if judgment is not given immediately, we will get on with the...

Seanad: Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Derek McDowell: I thank the House for agreeing to meet at this time to consider this important legislation. I thank Members for coming here today to participate in the debate. I come, as the House will appreciate, from another House, where we have had a fairly rancorous and difficult time. Nonetheless, valuable work was done there and significant amendment was made to the legislation during the passage of...

Seanad: Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Derek McDowell: I am sorry to interrupt Senator Norris, but it might assist the House to know that the State has won its case and Mr. A has been ordered to be re-arrested.

Seanad: Order of Business. (8 Jun 2006)

Derek McDowell: I endorse what others have said with regard to yesterday's proceedings reflecting on last week's proceedings. The defence the Leader made of the Minister was well made and justified. The fault lies with the Whips in the other House. This is not the first time they have behaved in the fashion they did last Friday and it will not be the last. It is worth making the point that we had a good...

Seanad: Order of Business. (8 Jun 2006)

Derek McDowell: It was in complete contrast to the barracking, heckling and interchanges which characterised what passed for a debate in the Dáil. There is merit in discussing what are obviously emotive issues in a somewhat less emotional way. This House is a good place to do that. The decision of the European Central Bank to increase interest rates is worthy of a decent debate in the House. I must be one...

Seanad: Road Traffic Bill 2006: Second Stage. (8 Jun 2006)

Derek McDowell: In anticipation of this debate, last night I read the Road Safety Strategy 2004-06. It makes for interesting reading and it is quite obvious that many of the provisions in today's Bill are inspired by that strategy. One aspect of the strategy which struck me forcefully — I presume I understood the figures correctly — was the statistics for road fatalities over the decades. In a sense...

Seanad: Road Traffic Bill 2006: Second Stage. (8 Jun 2006)

Derek McDowell: I am delighted with the Minister's comments. Without that kind of information and analysis, we are working on instinct — hopefully, reasonably well informed instinct — but not on the basis of serious research and analysis, which is what we need to make reasonable decisions. My party supports all the provisions of the Bill. However, I will speak with less enthusiasm on one or two of those...

Seanad: Road Traffic Bill 2006: Second Stage. (8 Jun 2006)

Derek McDowell: It is not just a matter of ensuring that drivers must have their hands free but that they are not hopelessly distracted by in-car communications.

Seanad: Road Traffic Bill 2006: Second Stage. (8 Jun 2006)

Derek McDowell: Senator Morrissey in his closing remarks made interesting comments about immigrants and drivers on foreign licences who are probably driving foreign cars. It is an issue with which we will have to come to grips. The Bill provides for the recognition of foreign licences, which is a start, but we must reach a position — this is being worked on and may have happened — on the recognition of...

Seanad: Road Traffic Bill 2006: Second Stage. (8 Jun 2006)

Derek McDowell: It was on a road with which the Minister is familiar. I agree with the points made with regard to periods of disqualification, which it is right to increase. I used to practice as a solicitor, although I have not been in court for a while. The Minister will be aware that it is common practice that on the earliest day possible, a solicitor or a person who had been disqualified will go to court...

Seanad: Road Traffic Bill 2006: Second Stage. (8 Jun 2006)

Derek McDowell: Yes, and a driver can only use that provision once in a period of ten years. The previous system was crazy and the measures in the Bill are an improvement. I do not have an ideological problem with the operation of speed cameras by the private sector. However, we must be concerned with what may be a potential practical problem. Senator Norris referred to clamping, which has, by and large,...

Seanad: Road Traffic Bill 2006: Second Stage. (8 Jun 2006)

Derek McDowell: The strategy touches on the issue of whether the use of cameras should be overt or covert——

Seanad: Road Traffic Bill 2006: Second Stage. (8 Jun 2006)

Derek McDowell: ——and whether the intention is to catch people unawares or to clearly have a camera in place to encourage people to slow down.