Results 1,441-1,460 of 1,683 for speaker:Derek McDowell

Seanad: Social Partnership Agreement: Motion. (21 Jun 2006)

Derek McDowell: I second the amendment in the name of the Fine Gael and Labour Party Senators. My party supports the social partnership process and much of the content of the current agreement. However, without in any way being smart, if one reads through and considers the agreement, as I have done today, there is very little with which any sane person might reasonably disagree, even the tired old voices to...

Seanad: Criminal Justice Bill 2004: Second Stage. (30 Jun 2006)

Derek McDowell: I am pleased to have the opportunity to present this important Bill to Seanad Éireann. The House will be aware that the Bill recently completed its passage through the Dáil. We had long and fruitful discussions before and after the Bill was published in that House, especially on Committee Stage, on the content of the Bill. The heads of the Bill had been published for discussion and the Bill...

Seanad: Criminal Justice Bill 2004: Second Stage. (30 Jun 2006)

Derek McDowell: ——I have circulated a memorandum to Senators setting out the Bill in its present state. Some of the content is technical and one would need three statutes in front of one to work out what the text of the Bill will do. During the course of the Dáil debates, it was made clear that all parties share a belief that the criminal law must be kept up to date and relevant as otherwise respect for...

Seanad: Criminal Justice Bill 2004: Second Stage. (30 Jun 2006)

Derek McDowell: There would have to be compelling evidence. It is an interesting proposition but one we will have to examine. It is not contained in the Bill. Part 5, which covers sections 25 to 67 and Schedule 1, provides for amendments to the Firearms Acts 1925 to 2000. The principal amendments include increased penalties generally for offences under the Firearms Acts and the introduction, for the first...

Seanad: Criminal Justice Bill 2004: Second Stage. (30 Jun 2006)

Derek McDowell: It is, but that has been changed by provisions of the Children Act which were never commenced. Part 14 provides for the establishment of the criminal law codification advisory committee. These provisions were introduced into the Bill by way of Committee Stage amendments in the Dáil. Senators may recall that the programme for Government included a commitment to codify all substantive criminal...

Seanad: Criminal Justice Bill 2004: Second Stage. (30 Jun 2006)

Derek McDowell: I deleted the latter provision.

Seanad: Criminal Justice Bill 2004: Second Stage. (30 Jun 2006)

Derek McDowell: One can only be convicted of a criminal offence on proof beyond reasonable doubt but the order, setting the conditions of behaviour, can be made on the balance of probability.

Seanad: Criminal Justice Bill 2004: Second Stage. (30 Jun 2006)

Derek McDowell: The Senator was on the fringe of the Labour Party.

Seanad: Criminal Justice Bill 2004: Second Stage. (30 Jun 2006)

Derek McDowell: I thank the Senators for their contributions to this debate which were, as always, insightful and interesting. I will reflect on the arguments between now and the later Stages. We share a common aim to ensure that criminal law can respond effectively to the needs of a modern, complex society. This Bill contributes to that end. This is a long Bill and got longer as it passed through the Lower...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: I am sympathetic to what lies behind amendment No. 1. I would not like it to be the case that anybody could argue that evidence of a technical examination would be rendered inadmissible by virtue of a failure to reduce the matter to writing. I will examine that issue between now and Report Stage. It is not the case that failure to do so would render invalid retrospectively a direction because...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: That Bill relates to detention orders.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: In regard to amendment No. 5, I indicated my intention to bring to the District Court rules committee — the most relevant committee in regard to the issuance of warrants — my strong belief that warrants should have their expiry date written clearly on them. This will concentrate everybody's mind on what is at issue and will ensure such mistakes are not made in future. One would need to be...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: I will ask the District Court.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: They would be statutory instruments.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: I will bring it promptly to the attention of the District Court rules committee. With regard to court rules, there is a separation of powers issue at stake. Under the courts legislation, every court has a rules committee, which consists of judges, lawyers and so forth. The way in which such committees operate is that they make a rule and I have to concur with, or sign off on, that rule. I...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: I am grateful to Senator Cummins for tabling this amendment. It covers the territory to which Senators Norris and O'Toole referred. Again, this is an occasion where the Senator's amendment has been addressed. I have moved the goalposts between Report Stage being completed in the Dáil and today. I ask Senators to turn to sections 10(a)(ii) and 187(a). Senators will see that under section...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Yes, I am instructed so.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Section 10 relates to drug trafficking ——

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: The general detention provisions under the 1984 Act, as amended by this Act, do not require a court intervention.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: We do not want to give chief superintendents a right to contemplate it. Garda officers who extend time under those provisions should work with the time limits that exist.