Results 1,661-1,680 of 18,726 for speaker:Michael McDowell

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

Michael McDowell: The facts relating to that situation could well come to the attention of the ombudsman commission in a different manner. The absence of a complaints mechanism did not lead to the events in Donegal. A complaints mechanism exists at this time with regard to Donegal. What is being asked for here is totally different, namely, that gardaí should be allowed make complaints against each other. I am...

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

Michael McDowell: As the Acting Chairman knows, the Act provides that complaints can be made by a member of the public who is directly affected by or witnesses the conduct. It is not just anybody. One has either to have had direct personal knowledge of the incident, or to have witnessed it, to comply. Section 94(4) provides that the ombudsman commission may, if it appears desirable in the public interest to do...

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

Michael McDowell: Nobody will be press-ganged into service against his or her wishes. If Senator Kett's reading was open, I would certainly insert "with that person's consent". I do not in any sense want to shove a person into something that he or she does not want to be in. There are well-established procedures in that regard. The provision under section 64(2) underscores the point. Any voluntary staff...

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

Michael McDowell: I am not prepared to accept this amendment because I do not want to make the ombudsman commission unworkable. The policy underpinning this provision is that it should be open to the commission to engage whatever expertise it deems necessary for the effective performance of its functions. Given that the commission, just like the Northern Ireland ombudsman, has the power, if it so chooses, to...

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

Michael McDowell: I have had discussions with the Garda Representative Association on this issue. I assure Senators Cummins and Leyden that this issue was the subject of extremely frank and robust exchanges between us. We understand our positions very clearly.

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

Michael McDowell: Without re-opening old wars regarding the Freedom of Information Act, the former Information Commissioner chose to use a report as a mechanism to get across some views to the Oireachtas in ways which stretched things to the very limit of the actual phraseology of the statute. I will not put it any further than that. This is a standard provision which is to be found in legislation covering the...

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

Michael McDowell: The alternative is to ask the commission to get involved in second guessing the outcome of court and tribunal proceedings. I do not think that is desirable either. We have to have some degree of certainty in regard to these matters. I would prefer not to do that. The purpose of section 71 is similar to that of section 70. My comments in regard to the focus of such discussions at Oireachtas...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: I have considered the issue, about which we had a lengthy debate on Committee Stage. It may surprise Senator Tuffy to discover that I have become increasingly convinced by my argument in this matter.

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: We had a useful discussion on this subject on Committee Stage. I promised to accept the amendment if I felt it was correct. Following that undertaking, given on 7 December, I discussed the issue with the DPP, who saw some merit in the proposal. It is the intention in drafting the guidelines, in any event, to preserve the individual right of a garda in the matter of taking a prosecution in a...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: We considered the matter and decided not to accept the amendment. We do not know whether it strengthens the declaration, or oath, or weakens it. It may anyway be implied that a person would undertake to do something to the best of his or her knowledge and power. Having considered it carefully we were unable to determine its exact meaning. On balance we decided it was better not to accept it...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: Section 24 as drafted allows the Garda Commissioner to enter into oral and written agreements with other police forces. The effect of this amendment would be to preclude oral agreements, as it would require all agreements to be in writing. As was said on Committee Stage, the subject matter of these agreements between the Garda Síochána and police forces will concern policing and operational...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: These amendments concern Chapter 4, dealing with the establishment of joint policing committees by local authorities. These provisions have generated a great deal of interest in the Seanad, transcending political lines and party positions. We have already made changes to section 30 to bring in representation on these committees at town council level and we have moved away completely from the...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: I thank Senators for their remarks and I pay tribute to them for helping to bring about this improvement to the Bill, as originally drafted. Senator Jim Walsh made a technical point about using the term "local authority" as opposed to that of "local authorities". My plan is that every town and county council will have the right to have a committee. If a town council surrenders that right, its...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: I indicated during the debate that I am attracted to a 30-days period as an outside limit.

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: I undertook to consider if quarterly publication of statistical information should be made statutory. The point was made that whereas I was an enthusiast for this approach, a successor might not be so enthusiastic. It can and should be done. The specified period means a period of three months from the day the section comes into operation. To align the section with existing quarterly periods,...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: I mentioned on Committee Stage that I was considering tabling an amendment to section 52(2)(b) to increase the penalty for causing disaffection. The subsection as currently drafted provides for a fine on conviction and indictment not exceeding €25,000 or imprisonment for a term not exceeding two years. If the indictable penalty of two years is left that way, there would be no power of...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: Following discussion with the Parliamentary Counsel and, as indicated during the debate on the provision on Friday last, I am tabling this amendment to provide for a simpler wording following what Senator Leyden had to say about it.

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: This was discussed and opposed on Committee Stage. I have not changed my mind on it. The Minister of State tendered the reasons at that time. There is no similar provision in the Northern Ireland Act of 1998 in regard to the Northern Ireland Police Ombudsman and I am told one is not planned. I do not believe it is strictly necessary to make provision of the kind in question. Section 55 states...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: I concede that the Northern Ireland Police Ombudsman, Mrs. O'Loan, would want to have a right to receive information and for there to be no legal obstacle to this being provided. In this case we are dealing with sections 53 and 73 which deal with harmful information. It is expressly provided in both cases that if the Commissioner authorises a member of the Garda Síochána, no offence is...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: As indicated on Committee Stage, I am not opposed to the principle behind the amendment. However, there is no need to amend the Bill to achieve that objective. All of the safeguards applicable to members of the public in criminal investigations being carried out by members of the Garda Síochána will apply to members of the force in similar type investigations to be carried out by designated...