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

Derek McDowell: ——who only does good, and for authority and the contempt shown for humanity in terms of someone doing injury to a person in those circumstances are almost unbelievable. I have never heard of a fireman who went out in his tender to do ill. I welcome that Members of both Houses said that they were shocked by this type of behaviour. The advantage of this provision is that if someone throws a...

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

Derek McDowell: Someone assaulted in the same circumstances as those two firefighters should have some form of compensation available to him or her. They are not my employees. I am responsible for the Garda. In so far as we are including its members in the term "peace officers", I see the moral force of what the Senator is suggesting, but I cannot accept a new form of liability on the part of the State. In...

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

Derek McDowell: It also applies to Opposition Members in the other House.

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

Derek McDowell: To answer Senator Norris, all non-Government Members in the Dáil, including Opposition Members, are prohibited from moving measures that would add to the burden of the Exchequer. That applies in the Seanad also.

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

Derek McDowell: The system makes sure the Government stays in control of the Exchequer because it is responsible for it. I do not agree with Senator Lydon. If a person is found acting in a drunk and disorderly way, for example urinating on the street, drinking and creating mayhem, two things can happen. The garda can either tell him to go home or summons him to court. Under the current system, in three or...

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: Amendment No. 1 relates to section 5(8)(a) which concerns the preservation of a crime scene. I believe there is value in the arguments made yesterday by Senator Cummins in regard to this subsection. There is a need to ensure that evidence obtained from a crime scene is not rendered inadmissible simply because a garda did not make a written record of the direction from his superintendent that...

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I am not so familiar with procedure in this House. Is it possible to recommit to Committee Stage?

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: If we were to put a full stop after the phrase, "hovercraft" and take away what appeared after it, I would be prepared to accept that amendment.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: If we were to take away the comma after "hovercraft" and put in a full stop and take away paragraph (f) down to "whatsoever."

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: Hovercraft full stop. We also need to include the word "and" at the end of paragraph (d).

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: The word "and" should be inserted at the end of paragraph (d), a full stop should replace ", or" after the word "hovercraft" in paragraph (e) , and paragraph (f) should be deleted.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: The first reference is in section 10(a)(ii), which relates to drug offences, at the bottom of page 22. The other relevant section is 187, on page 161, which refers to the Offences Against the State Act 1939.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I am grateful to Senator Norris for the invitation to be disorderly and deal with his unmoved amendment. The issues that he raised can be dealt with by custody regulations made under the Criminal Justice Act 1984. Senator Norris is raising ways it can be proved beyond contradiction the taking of a sample was done in a lawful way. The majority of people will be happy to provide a DNA sample...

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I do not begrudge the Senator her fees.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: No, I am exhausted at this point.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: Amendments No. 8 and 9 are amendments to section 30 of the Bill, which deals with the new section 3 of the Firearms Act 1925 and provides for the formal effect of firearms certificates. Amendment No. 8 proposes the insertion where the permission of the person has been obtained in subsection 6(b) where a limited certificate for a shotgun is being sought. In this respect, I can confirm to...

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: This looks like a massive raft of amendments but it is not as intimidating as it appears. The Bill as it stands provides a range of maximum and mandatory minimum sentences in respect of certain firearms and drugs offences. In deciding whether it would be just to impose a mandatory minimum sentence in all circumstances, there are a number of factors that the court must take into account,...

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I am grateful to the Senator for pointing out the difficulty, but amendment No. 37 in my name addresses the top line on page 87 and would change that part of the Bill to read "where a person". I agree that amendment No. 38 looks strange, but it must be examined in the context of the full set of amendments.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I was about to accept the amendments.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: No. I generously yielded the right of way to the Senator.

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