Results 1,561-1,580 of 18,726 for speaker:Michael McDowell

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: I agree with the points made by Senators Maurice Hayes and Walsh. The removal of subsection (6) would mean that a court could suggest it was deliberately removed by the Houses of the Oireachtas and that the protection afforded by it was expressly removed from the Garda Síochána. It would not simply be a drafting error. A court could suggest that the Minister on introducing the Bill proposed...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: The provision reflects the current position in this area. The Garda Síochána as a matter of practice no longer institutes proceedings in its own name as common informers. Though that is the current position it used not to be so. The prosecutions commenced by it are generally founded on a direction or authorisation of the Director of Public Prosecutions. It is important to note that section...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: Following consultation with the Office of the Director of Public Prosecutions in respect of amendments Nos. 9 to 11, inclusive, we believe they would not improve the text from the director's viewpoint.

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: There are good grounds that reasons for not prosecuting cases are not given. For example, the Garda could believe that an individual, making an allegation of, say, assault, rape or robbery, is being untruthful. The Garda could argue that, in the past, the individual had a reputation for fantasising. A reporter could then ask the Office of the Director of Public Prosecutions why a case was not...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: I am against the idea of an independent police authority in Ireland. It is a proposal to which the Labour Party is deeply attached. On Second Stage on 11 March this year, I set out in general terms the reasons for my objection. There would not be much point in rehearsing everything I said on that occasion. Unlike the PSNI, the Garda Síochána is not a regional constabulary established within...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: We do not have a situation where people stand up in the Dáil and say, "I urge my followers not to obey the police in future." We have the exact opposite.

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: We do not have a political system or a demographic make-up in which support for the police service is politicised. I doubt whether it would be a good idea to go down the political road.

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: These are technical amendments that arise from the fact that the appointment of persons to the rank of Deputy Garda Commissioner and Assistant Garda Commissioner is a matter that is covered by existing regulations and it is considered necessary to make that clear in the section.

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: I have proceeded on the basis that there is international service and service in Northern Ireland and members of the PSNI will be taken in but the possibility of taking in officers from other forces has not been considered. A number of issues need to be considered if we go down that road. Will members of other forces be taken in on different terms from members of the PSNI? Could this be...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: The Senator is unduly modest. Surely, he has better ideas.

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: I sympathise with the underlying sentiment in the amendment, which is that if the Garda Síochána, in the words of its first Commissioner, Michael Staines, is to govern effectively with the consent of the people based on the people's respect, it must be seen to be a force which is drawn from the people and representative of the people as a whole. There cannot be an underclass in society who...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: On a point of information, I did not describe anybody as "yellow pack gardaí". I stated we all wanted to avoid the notion of yellow pack.

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: It wants to have it both ways.

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: I thank Senator Leyden for his remarks regarding the recruitment of members of the Garda. I assure the Senator and Senator Cummins that I was conscious from the outset that if I did not deliver 2,000 additional gardaí before promoting the idea of a volunteer reserve, people would put two and two together and would not get 22. They would know exactly what was happening.

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: I am by no means dismissive of the reservations of the representative associations. I accept that some people might consider it strange that a person who has received less than 24 months' training could exercise exactly the same powers as a garda. I also have a clear picture regarding the points made about resources, overtime earnings and so forth. I am not ignoring these points, nor do I...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: No. Senator Cummins tabled amendments which are broadly hostile to the concept. However, we have developed a system of training members of the Garda Síochána which is unique in these islands. It is a two-year process and involves spending time in stations——

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: It is a good system and I am not detracting from it in any way. It might be the appropriate length of time for somebody who will make his or her career out of the force and serve full time. Other police forces allow for far less time. However, it would be nonsense to suggest a reservist should have identical training to a full-time career policeman.

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: A reservist and a member of the Garda Síochána both belong to a disciplined force. Volunteer reservists cannot rise through the ranks. They can only be appointed to the rank of a garda. Much of the training at Templemore is designed to create a member who, in principle, could one day be the Garda Commissioner. It may not be necessary in the case of a volunteer reservist. There would an...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: I cannot accept this amendment in its present form. A solid case for the re-establishment of a Dublin metropolitan police force would have to be made before I could accept such a radical departure. An Assistant Commissioner with responsibility for the Dublin area exists. Dublin gardaí have distinctive badge numbers on their epaulettes. Would such a proposed force be separate with its own...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Michael McDowell: The problem is that the amendment mandates a future as opposed to the current Government to carry this out in 12 months. The Senator may be optimistic about the fall of the Government.