Results 1,641-1,660 of 18,726 for speaker:Michael McDowell

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Michael McDowell: Sometimes people can comprehend a lot of things from the phrase "the peace process". I remember on one occasion joining a peace march in O'Connell Street after some terrible atrocity and from out of a side street came a group of Sinn Féin people with a placard that referred to a poor man called Mr. Ed O'Brien, who had been blown up while on active service for the IRA in Britain. They had...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Michael McDowell: What amendment No. 82 seeks to achieve is amply covered by the terms of subsection (1), which states: A person who is or was a member of the Garda Síochána or of its civilian staff or who is or was engaged under contract or other arrangement to work with or for the Garda Síochána shall not disclose, in or outside the State, any information obtained in the course of carrying out the duties...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Michael McDowell: The answer is that the provisions of this law, obviously, are special to this case. The Official Secrets Act applies to everybody in the Department of Justice, Equality and Law Reform. It is part of An Agreed Programme for Government which has not yet been reached and may not be reached, the way things are going. The ambition of the programme is to replace the Official Secrets Act with an...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Report and Final Stages. (10 Dec 2004)

Michael McDowell: I am grateful to Senator Tuffy for clarifying the amendment. The amendment seeks to insert into section 5 of the Criminal Assets Bureau Act 1996, which related to the function of the bureau, a new subsection which would allow the bureau to take all necessary actions to carry out the functions exercisable by the Director of Corporate Enforcement under the Companies Act. The remit of the Office...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Report and Final Stages. (10 Dec 2004)

Michael McDowell: This Bill is complex and technical and will considerably bolster the powers of the Criminal Assets Bureau in the continuing battle to go after the proceeds of all types of crime, including white collar crime and corruption. It represents a significant delivery on the programme for Government's commitments in this regard. The amendment to the Criminal Justice Act 1994 and the Prevention of...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: I do not know what more I can say on the subject. The Bill has been extensively revised and rebalanced in terms of the heads put out for public consultation. As I said yesterday, the Official Secrets Act inhibits public servants from divulging virtually any information and, as far as I am aware, the Department of Justice, Equality and Law Reform is a remarkably leakproof institution. I am...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: I was fascinated by the statement in today's newspapers that "all targets may not be met". That is not the case. Targets will be met. If the question is whether I am certain all legislation will be completed to the nth degree in the remaining two and a half years of this Government's term in office, that is a challenging agenda. I am trying to be honest and suggest that the sooner we get on...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: Amendment No. 84 seeks to tidy up the particular subsection following consultation with the Parliamentary Counsel. The purpose of the amendment is to delete the existing subsection (a) in paragraph (1) and provides that subsection (1) does not prohibit a person from disclosing information referred to in that section if the disclosure is made to the persons or bodies set out in the following...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: The problem is who would judge there are exceptional and overriding public interests in all the circumstances. If the right to invoke that defence is given to individuals, would it be an objective or subjective test? For example, a person may strongly believe that paedophiles should be exposed and may come across a particular case which he or she considered most horrific. The person could...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: I have already spoken on this amendment and commend it to the House.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: This amendment arises from the acceptance of a previous amendment. It is necessary to restate the provisions of the former section (55)(4)(a), deleted by virtue of amendment No. 84. It provides for a case where a statement is made in the course of, and in accordance with, the duties of that person's office or employment or his or her duties under a contract or other arrangement to work with...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: This amendment provides for personal information in the section to have the meaning given to it by section (2)(1) of the Freedom of Information Act 1997 and to include personal information relating to a deceased individual.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: It has always been the intention that this section will come into effect in the ordinary way, as with the rest of the Bill, in accordance with the making of a commencement order by the Minister under the provisions of section (2)(1). Notice of the making of that order will be published in Iris Oifigiúil. It is not usual for a commencement order to be dependent on a prior resolution of both...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: I have considered carefully whether there should be one, two or three members of the commission. It is desirable that there should be more than one. This will not be a disadvantage to the commission or reduce its status and effectiveness. Providing for three members increases the chance that an internal debate will take place before any decision is made, which is in itself a good thing. The...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: We are sometimes inclined to think that because the Patten commission suggested a course of action in Northern Ireland, we should adopt it in the Republic. We should consider similar jurisdictions to ours. The police complaints commission for England and Wales and the public complaints commission for the Royal Canadian Mounted Police each have more than one member. If one looks around the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: It is in vogue to advertise all important jobs and see if applicants put forward their names. In this era of transparency that is frequently cited as desirable but I have noted that it has a counter effect which is not often recognised or spoken about, namely, that some people would be willing, if asked by the Government to become one of the members of this commission, to consider it if they...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: I will not comment on that last point but I am grateful to Senator Leyden for reminding us about it. I was reading a 1923 edition of An Cosantóir, the Defences Forces journal, of which I came into possession. It was a very interesting volume which came out every week in those days. There is an election news section and it recorded the fact that the Commander in Chief of the forces had just...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: No.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: The policy underlying this provision is that all decisions relating to procedures following investigation by the ombudsman commission into complaints made against members of the Garda Síochána which appear to involve offences will be a matter for the Director of Public Prosecutions. Section 60(2)(d) requires the commission "in appropriate cases, to report the results of its investigations...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: The purpose of the institution is to deal with members of the public who make complaints against members of the Garda Síochána. It does not exist to resolve disputes within the force. The Garda Síochána is a disciplined force. If people can issue complaints and have them investigated by the ombudsman commission, the entire process would be completely fouled up with reports. Every dispute,...