Results 17,601-17,620 of 18,737 for speaker:Michael McDowell

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: Section 5 is a provision stating what a relevant offence is, and as is clearly provided for in subsection (1), it means: (a) an offence specified in an order made under subsection (2), (b) an offence for which a person of full capacity and not previously convicted may, under, or by virtue of, any enactment or the common law, be sentenced to— (i) imprisonment for life, or (ii) a...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: I accept that it may be the case that abetting involves being an accessory, although I am not sure about it as it has been years since I have studied the law in that regard. I am not sure about it. The criteria set out in sections 5(2)(a), (b) and (c) seem perfectly reasonable. In respect of section 5(3), is it envisaged that the Minister will take a generous view of this and extend the...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: I agree with Senator Ward. The Minister was correct. This is the only obligatory requirement for such a thing to happen. The way it is phrased is clever enough. It prevents repeat applications being made with a view to obstruction. It gives the court the discretion to navigate its way around that issue while, at the same, giving both the prosecution and the defence one bite of the...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: I am in disagreement with Senator Ward. I think the accused should be required to nail his or her colours to the mast as early as possible in a criminal process and not have a kind of each-way bet on seeing how the process will go and then seeing whether it would be a good idea to plead guilty. I emphasise that I am not being opportunistic in using this example but in the case, for...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: Giving somebody a full understanding of the nature of the evidence that the prosecution intends to bring is one thing, and I fully agree with Senator Ward about that, but giving somebody the right to start testing the evidence on a preliminary basis goes one stage further. With regard to striking out the whole proceeding on the basis that there is not a prima faciecase disclosed, the...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: It is, in fairness, helpful when Government Senators put down amendments, especially when the Government has a massive majority in this House, which was recently increased yet again. There is no harm at all in Government Senators with a point of a view on a Bill coming forward with proposals. If an amendment is moved, it is a matter of agreement that they are not put to a vote and if...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: I am just making that point. The timing of this legislation was such as to preclude me from putting down amendments because I was getting jabbed and other things last week. I am happy that we are taking it at a pace which will allow us to look carefully at each section, rather than rushing the whole thing through. Senator Ó Donnghaile said that, in Northern Ireland, expanding the...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: A point has occurred to me. Section 6(6) states: "Where an accused has not been arraigned prior to a preliminary trial hearing in the proceedings concerned, the trial court may, where it considers it appropriate, direct that he or she shall be arraigned at the commencement of such a hearing."It occurred to me that it would be better to substitute the words "the accused" for "he or she", not...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: On the section, I want to make a couple of brief points. The provision in section 6(5) that "The trial court may, on the application of the prosecution or the accused, where it considers it appropriate having regard to the orders the making of which are to be considered at a preliminary hearing and, in particular, where the making of a relevant order is sought, direct that the preliminary...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: On the other matter that I have just raised, subsection (8)(c) refers to "relevant order". When one goes back to the definition of that on page 6 of the Bill, it states: " "relevant order" means an order as to the admissibility of evidence, including an order under or pursuant to section 16 of the Act of 1992;". I understand that that reference to section 16 of the 1992 Act is to video...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: Senator Ward is totally correct that that is the current practice, but I wonder about its correctness. If we are trying to speed up proceedings, we should not have mini-trials in advance of major trials where the jury will be asked to consider that exact point. That the Constitution guarantees a trial "in due course of law" is one thing, but it also guarantees trial by jury. It is very...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: I know it is almost 4 p.m. but I would like to make one point, if I may. Some people may think that the point I am making is a academic one; it is not. It is a fundamental point.

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: The Special Criminal Court consists of three people. A member of that court - it may not be a member of the trial court, but that depends on the new rules of the Special Criminal Court - will have ruled a statement admissible. That judge is then going to sit with two other colleagues who are going to consider the same evidence, which is a starting position of one down. It is like an away...

Seanad: Business and Covid-19: Statements (30 Apr 2021)

Michael McDowell: I welcome the Tánaiste to the House, and I agree with him on congratulating Senators Maria Byrne and Horkan on their election. As the Tánaiste said, it is a long time since he has been in this Chamber physically and in the Seanad. There is unfinished business regarding Seanad reform, which we will return to another today. The roadmap outlined yesterday by the Taoiseach, and which...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Tax Compliance (30 Apr 2021)

Michael McDowell: I thank the Minister for coming to the House and the Chair for listing this Commencement matter. According to the tax and duty manual, under the capital acquisitions tax part 15 on insurance policies and in particular under sections 72 and 73 of the Capital Acquisitions Tax Consolidation Act, it is possible to put in place an insurance policy, the purpose of which is to meet the anticipated...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Tax Compliance (30 Apr 2021)

Michael McDowell: I thank the Minister of State for his reply. Perhaps the terms in which the matter was phrased were not specifically accurate enough to highlight the problem that I was speaking about. I note that he said that there is not a problem in theory with a child of a likely disponer taking out a life assurance policy providing he or she can show an insurable interest but there is this difficulty...

Seanad: An tOrd Gnó - Order of Business (30 Apr 2021)

Michael McDowell: On behalf of the members of the Independent Group, and I think I speak for everyone in the House in this regard, I wish to express sympathy to Senator Mullen on the death of his father. I want to mark what may not be generally known, which is how many years of devoted home care Senator Mullen and his family provided for the late Thomas Mullen. Ar dheis Dé go raibh a anam. The exit...

Seanad: Personal Insolvency (Amendment) Bill 2020: Report and Final Stages (30 Apr 2021)

Michael McDowell: I move amendment No. 1: In page 9, to delete lines 9 and 10 and substitute the following: "11.Section 91 of the Principal Act is amended— (a) in subsection (1)(e) by the insertion of "or a confirmation of truth" after "statutory declaration", (b) in subsection (1)(g) by the deletion of "has made a declaration in writing declaring that he or she", and (c) by the substitution of...

Seanad: Personal Insolvency (Amendment) Bill 2020: Report and Final Stages (30 Apr 2021)

Michael McDowell: I proposed this amendment on Committee Stage and at the request of the Minister of State, I withdrew it and indicated I would consider what he had said in reply. I want to make the following observations. The Minister of State told the House the Insolvency Service of Ireland had advised that there was no history to date of people arranging their affairs to avail of a personal insolvency...

Seanad: Personal Insolvency (Amendment) Bill 2020: Report and Final Stages (30 Apr 2021)

Michael McDowell: I reiterate my point that the fact this cut-off date existed was recognised in a number of court decisions as an important counterbalance and that counterbalance has been taken away. The objection that the amendment does not specify the proofs that a debtor would need is, arguably, misconceived. The proofs depend on the facts of individual cases and legislation does not usually exhaustively...