Results 1,481-1,500 of 1,683 for speaker:Derek McDowell

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

Derek McDowell: I see what the Senator means.

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

Derek McDowell: That is true, but how practical would it be to bring solicitors to Garda stations whenever a witness is interviewed? I accept that they are not as independent as outsiders but section 16's purpose is to clarify that, in certain cases, if one makes a statement to gardaí that is material to the trial of an offence, one cannot ultimately repudiate it without the court considering whether it was...

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

Derek McDowell: A judge will have an overriding obligation under section 16 not to permit a statement to be used as evidence of its contents if any injustice, risk or unfairness is perceived. That is written into section 16, which states: (4) The statement shall not be admitted in evidence under this section if the court is of opinion—— (a) having had regard to all the circumstances, including any risk...

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

Derek McDowell: It is relevant.

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

Derek McDowell: I assure the Senator that my feelings are not all that sensitive.

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

Derek McDowell: It would require a high velocity weapon to penetrate my thick hide. Section 28 is a response to representations made to me by the shooting community. I have not thought up some new wheeze to expose people to gun-toting youngsters. The section provides a new section to the Firearms Act which ascribes responsibility to the Commissioner not to a tired sergeant maybe in Donnybrook Garda station,...

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

Derek McDowell: The Commissioner alone can do this. The administration of this provision is centralised in Phoenix Park. Section 28 states, "The Commissioner, on application and payment of the prescribed fee (if any), may issue to a person over 14 years of age a certificate (in this Act referred to as a "firearms training certificate") authorising the person to possess a firearm and ammunition...". In other...

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

Derek McDowell: The Commissioner must decide who that specified person is. It is not the case that one of the kid's four brothers is enabled to go rabbit shooting with him. That is not in the Bill.

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

Derek McDowell: That person must hold a firearms certificate himself or herself and have therefore undergone all the assessment necessary for that activity. It is not just any 18 year old, in the way that any driver can sit in with a provisional driver and go wherever he or she wants. It must be somebody who holds a firearms certificate and who the Commissioner has decided is a correct person to specify for...

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

Derek McDowell: If the 19 year old brings him into a pub he will not be carrying and using the firearm for the purpose of target shooting or hunting.

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

Derek McDowell: I do not agree with the proposition that a 19 year old could not instruct a 16 year old. We are talking about adults — people who are free to vote. What could be more dangerous than allowing people to make a choice between Senator Cummins and me at an election?

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

Derek McDowell: In this instance, the person must have a firearms certificate.

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

Derek McDowell: Yes.

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

Derek McDowell: Yes.

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

Derek McDowell: It refers to "a specified person".

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

Derek McDowell: It says "under the supervision of a specified person".

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

Derek McDowell: Yes.

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

Derek McDowell: If Senators consult the record of the other House, they will see I got a real kicking on the subject of transparency during the debate there. It was argued that I was not going far enough in respect of the requirement for reasons to be given. I have some sympathy for Senator Jim Walsh's point that, by putting the onus on the Commissioner to give a reason, I may be shoving his elbow in a...

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

Derek McDowell: Nonetheless, I am reasonably content with section 28(4) as it stands. The guns which will be used by 14 or 15 year olds for the two purposes specified in the Bill must be owned by those who are training the young people in question and must be licensed to the relevant adults. Section 28(8) states that it is "an offence under this Act for the holder of a firearm certificate in respect of the...

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

Derek McDowell: It is a fairly strict regime. During the debate in this House on the Garda Síochána Bill, Senators said that the 18 year olds who were going to Templemore should be at university. It was argued that many trainee gardaí did not have a broad view of the world when they started in the training college. It was also suggested that the college should be moved from Templemore to Dublin.