Results 1,521-1,540 of 1,683 for speaker:Derek McDowell

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

Derek McDowell: The term "violent crime" covers a multitude, including domestic rows and disputes in pubs. It is a violent crime to throw a stone through a window. While I understand what the Senator is saying, he has cast his net too wide.

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

Derek McDowell: Yes, but what he is actually doing is preventing a superintendent from deciding that an altercation was, for example, only a row with a referee in a GAA club, which has nothing to do with whether a person can shoot rabbits on his or her land. We should not go as far as saying that anyone with any type of record——

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

Derek McDowell: Maybe I am, but I must question whether the Senator has gone too far in the other direction.

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

Derek McDowell: Under section 32, the decision must be made on whether the person "can be permitted to possess, use and carry the firearm and ammunition without danger to the public safety or security or the peace". A superintendent can examine the issue and decide on whether a domestic dispute, such as a father giving his son a kick in the backside in front of a sergeant during the middle of a fracas at the...

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

Derek McDowell: If one of the consequences of being imprisoned by the District Court for any violent crime is the loss of a shotgun licence, the question would arise whether it was a fair decision or minor offence in respect of a person who was dependent on that shotgun for whatever reason. Such an issue has arisen in other contexts. What if a clay pigeon champion——

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

Derek McDowell: If an international clay pigeon-shooting champion is involved in a fracas in a local pub, should he be put out of business? He should not.

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

Derek McDowell: That provision is in the Bill.

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

Derek McDowell: On Senator Leyden's point, there is provision in the Bill for guidelines which I presume will cover issues such as the restoration of guns. There is also provision in the Bill for an appeal to the District Court against any decision. Where someone is clearly the type of person to whom the Senator referred, he or she would probably be refused under the guidelines and would probably have a...

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

Derek McDowell: I fully commend the Senator on refusing to intervene in that case. The proof of the pudding was in the eating.

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

Derek McDowell: The phrase "of unsound mind" is a term used quite frequently in statute law. I think the Senator appreciates that it is used in 173 Acts of the Oireachtas between 1923 and 2000. Would the Senator's preferred phrase "mental disorder" refer to forgetfulness and loss of short-term memory? I do not know and I do not want to discuss it now. Can the Senator imagine a firearms dealer who suffers...

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

Derek McDowell: If the Senator tables an amendment to that section for the miscellaneous part of the Bill on Report Stage I will accept it, provided it is in the proper form.

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

Derek McDowell: Senators Jim Walsh andCummins will appreciate that we are approaching the end of a debate on legislation. I do not wish to have this before the Supreme Court on an Article 26 reference. There are too many important provisions in the Bill, regarding which I had to make some conservative decisions following advice. I have some sympathy with Senator Jim Walsh's comments. Although one can easily...

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

Derek McDowell: I agree with Senator Cummins. While it is an offence for people to be in possession of fireworks, I do not want to have draconian laws which ruin children's careers by bringing them to the District Court. I want to deal with it mainly at source. It is technically an offence to have a prohibited firework in one's possession. Senator Cummins makes that point and it echoes our earlier discussion...

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

Derek McDowell: I am neither a killjoy nor a puritan. I often wonder whether the Irish attitude to Guy Fawkes is affected by the fact that he was regarded as someone who was doing his best. That's the way we are.

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

Derek McDowell: Having recently seen a magnificent display in the Phoenix Park I think fireworks are fantastic when they are in safe hands. Every year, however, particularly in the United Kingdom, the figures are horrific for children mutilated by fireworks.

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

Derek McDowell: I had to face up to the question of whether, on liberal principles, I should say, these things happen, children will lose eyes, or a foot if something slips down their Wellington boots or whatever, and let people make money selling fireworks to them. We have decided to impose a significant penalty on people who have them with intent to supply. People who are in Moore Street, or wherever young...

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

Derek McDowell: One either has an enforceable law or abandons it. Senator Mansergh argued for abandoning it.

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

Derek McDowell: In certain circumstances. I am shocked by the revelation that the godfather of fireworks in Tipperary allowed one of his family to light the fuse. I thought with the courage of his convictions he would take the risk himself.

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

Derek McDowell: Senator Jim Walsh is right to point out that police in some parts of the world have infiltrated organised crime gangs. One is on a very slippery moral slope when that starts to happen. If members of police forces want to impress their would-be colleagues in crime, they have to be seen to engage in criminal acts. It is difficult to justify a decision to authorise police personnel to do things...

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

Derek McDowell: I appreciate that. It would be strange to decide that a person who is at liberty and not in prison is under house arrest and cannot leave his or her home. Would such a person be allowed to go to a religious service or to a doctor? If the person is living alone, will he or she be allowed to leave the house to get some food? Will such people have to rely on others to come to their homes in such...