Results 2,541-2,560 of 18,761 for speaker:Michael McDowell

Seanad: Criminal Law (Extraterritorial Jurisdiction) Bill 2018: Committee and Remaining Stages (30 Jan 2019)

Michael McDowell: If I am going to be trampled down here, we are going to have a very long debate.

Seanad: Criminal Law (Extraterritorial Jurisdiction) Bill 2018: Committee and Remaining Stages (30 Jan 2019)

Michael McDowell: He said that section 2 is a technical assault. If I push a garda or even put my hand on a garda and tell him to push away, that is an assault even if no harm is done.

Seanad: Criminal Law (Extraterritorial Jurisdiction) Bill 2018: Committee and Remaining Stages (30 Jan 2019)

Michael McDowell: After that, if I give somebody a thump and it causes that person pain, it is a section 3 assault. That is the difference.

Seanad: Criminal Law (Extraterritorial Jurisdiction) Bill 2018: Committee and Remaining Stages (30 Jan 2019)

Michael McDowell: The point I am making is this. Was it necessary to cast this Bill so wide that every such incident anywhere in the world involving any Irish citizen or any person who is ordinarily resident in Ireland should now become prosecutable in the Irish courts? I do not see why that is an unreasonable point to make and I do not see where the policy has been explained as to why that should now be...

Seanad: Criminal Law (Extraterritorial Jurisdiction) Bill 2018: Committee and Remaining Stages (30 Jan 2019)

Michael McDowell: I do not see why it is appropriate that an Irish citizen should be triable in Ireland on the charge that he threw a punch in Australia.I do not see why that should be the case, and the Istanbul Convention to implement that in Irish law does not require that to be the case. I fully accept the point the Minister made on Second Stage, because I took the trouble to read his speech, that it...

Seanad: Criminal Law (Extraterritorial Jurisdiction) Bill 2018: Committee and Remaining Stages (30 Jan 2019)

Michael McDowell: I am against section 1 standing part of the Bill but I will not call a vote on it.

Seanad: Criminal Law (Extraterritorial Jurisdiction) Bill 2018: Committee and Remaining Stages (30 Jan 2019)

Michael McDowell: There are two aspects of the drafting of the Bill that I ask the Minister to consider. The phrase used in section 3(1) and (4), "the person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the relevant offence concerned" is infelicitous drafting. I think it should be "accused of the offence" rather than "guilty" of the offence.

Seanad: Criminal Law (Extraterritorial Jurisdiction) Bill 2018: Committee and Remaining Stages (30 Jan 2019)

Michael McDowell: I am still not happy with that. The second point arises in sections 3(5) and 3(6). Section 3(5) refers to, "Where a person, other than an Irish citizen, who is ordinarily resident in the State engages in conduct in a place outside the State that would, if the conduct occurred in the State, constitute murder or manslaughter", but surely that should be murder or attempted murder or...

Seanad: Criminal Law (Extraterritorial Jurisdiction) Bill 2018: Committee and Remaining Stages (30 Jan 2019)

Michael McDowell: I am not raising it as a major issue. I notice further on in that section that jurisdiction is conferred in respect of persons "ordinarily resident in the State". Section (10) reads: "For the purposes of this section, a person shall be deemed to be ordinarily resident in the State if he or she had his or her principal residence in the State for the period of 12 months immediately preceding...

Seanad: Criminal Law (Extraterritorial Jurisdiction) Bill 2018: Committee and Remaining Stages (30 Jan 2019)

Michael McDowell: I thank the Minister and Senator Conway for their most gracious remarks.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (30 Jan 2019)

Michael McDowell: I do not have much to add to what was said on the last occasion and do not intend to delay the discussion on this amendment any further.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (30 Jan 2019)

Michael McDowell: There is no presumption of constitutionality about any Bill before the Dáil.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (30 Jan 2019)

Michael McDowell: To wrap up the debate on amendments Nos. 86a and 86b, they are related. Amendment No. 86b proposes a new section 41, which is designed to clearly state what seems to be the actual consensus right across this House. Also, it seems now, I am happy to say and without exaggerating the situation, at least not to be frowned upon by the Minister as a proposition. To me, central to the question as...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (30 Jan 2019)

Michael McDowell: I move amendment No. 86b:In page 28, between lines 25 and 26, to insert the following: “Government’s function under Article 35 of Constitution 41. No provision of this Act affects in any way the function and duty of the Government, in advising the President on appointment to judicial office under Article 35 of the Constitution, to advise in accordance with its own judgment and...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (30 Jan 2019)

Michael McDowell: I move amendment No. 86c:In page 28, between lines 25 and 26, to insert the following:“Communication with person eligible for appointment to judicial office 41. No provision of this Act affects, limits or inhibits the right of the Government, or of the Minister or the Attorney General acting on the authority of the Government, to communicate with a person eligible for appointment to...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (30 Jan 2019)

Michael McDowell: It could be a celebrated solicitor.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (30 Jan 2019)

Michael McDowell: A number of points arise from what the Minister and Senator Norris have said on amendment No. 86c. First, it is becoming apparent that the Minister believes the terms of section 39 will be the sole method with which any judge can effectively be engaged at all in respect of an appointment. I believe that is the purpose of this Bill. What the Minister says does not shock me in the slightest...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (30 Jan 2019)

Michael McDowell: Then what is it to do? Is it to state it will make its own appointment, as it did not think much of those three? How will it make that appointment? Will it tap somebody on the shoulder and tell that person it intends appointing him or her? Will it know whether an individual has already been appointed and rejected by the commission? We do not know because this is left deliberately vague...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (30 Jan 2019)

Michael McDowell: That is the Executive's primary function. If it does not agree with the three names that come forward on some short-listed basis from a commission, it is not merely entitled to reject them. It also can decide it can do better than that. What if it takes advice from the Attorney General, the Minister for Justice and Equality or whoever and decides it could do better? What if it decides...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (30 Jan 2019)

Michael McDowell: How can it consider those persons if it is not allowed to know who is interested in the position? This amendment aims to tease out the unconstitutionality of the intention of the Bill. As the Minister again hinted today, that intention is to ensure that by reason of the prohibition on canvassing and due to section 39, which was forced through against my wishes, the only practical way in...