Results 301-320 of 1,683 for speaker:Derek McDowell

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: We will find that out in the Supreme Court. It is a matter for the Director of Public Prosecutions. The Latin maxim is "nemo debet bis vexari pro una et eadem causa", which means that a person should not be troubled twice for the same matter. This may or may not come to their aid. However, somebody who has not been troubled at all for what he or she has done is hardly in a position to talk...

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: On the Order of Business and Leaders' Questions with Deputies addressing issues to my face, giving out and wagging fingers at me, I must sit and remain silent with the Taoiseach or the Tánaiste answering on my behalf. This was my first opportunity to come and give my side of the story. Deputy Kenny sought figures on section 1(2), which relates to intent. Section 2 of the Act is the...

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: That is the point. It is not open to Senator O'Toole to peruse.

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: It is accessed by the police. People convicted of certain offences are required to be registered for certain periods, which obliges them to notify the State of their whereabouts, whether they are going abroad, changes of address, etc. It enables an eye to be kept on them.

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: The question does arise as to whether people who have been prosecuted in the time since the register was introduced can now seek to have their entries expunged on the basis that they are a nullity. This is an issue that would need to be addressed if this was dealt with by judicial review rather than dealt with as a simple habeas corpus, black or white, all or nothing approach.

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: The short answer is "Yes". As I said earlier, legislation cannot deal with the issues that are being addressed in the Four Courts. Nothing I can do, no magic wand we can collectively wave and nothing we can put into or take out of a Bill can affect the outcome of that case. If the hearing were concluded on Friday and even if judgment is not given immediately, we will get on with the...

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: I acknowledge, in the words of the editorial in this morning's edition of The Irish Times, that there is "widespread outrage and dismay" at yesterday's release of a 41 year old man serving a sentence for unlawful carnal knowledge of a 12 year old girl. That release derived from last week's Supreme Court decision that section 1 of the Criminal Law Amendment Act 1935 was unconstitutional. The...

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: To 12 May exactly.

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Derek McDowell: I am right——

Seanad: Migration Report: Statements. (11 May 2006)

Derek McDowell: This country has changed enormously in the two years since 2004, but there is difficulty in assessing the nature and extent of the change. The Minister's speech, while healthy, has somewhat confused the issue. Information that has come into the public domain shows that approximately 200,000 PPS numbers have been issued to nationals of the new member states since 2004. The Minister said today...

Seanad: Road Safety Authority Bill 2004: Second Stage. (10 May 2006)

Derek McDowell: Some months ago I read an article in a magazine inquiring of the reader as to the number of people that had been killed on the roads in the United Kingdom in the preceding 15 years. The number was a staggering 58,000 or 59,000. It then went on to inquire as to the number killed as a result of accidents involving airlines based in the United Kingdom in the same period and the answer was none....

Seanad: Registration of Deeds and Title Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (27 Apr 2006)

Derek McDowell: This group of amendments is related to the insertion of two new sections relating to ground rents in the Bill. They are amendments Nos. 51 and 52. The purpose of these new sections is to deal with problems that have arisen under current ground rents legislation. By way of background, I should tell the House that section 8 of the Landlord and Tenant (Ground Rents)(No. 2) Act of 1978 contains...

Seanad: Registration of Deeds and Title Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (27 Apr 2006)

Derek McDowell: These amendments are drafting and technical amendments which should not bother the House.

Seanad: Registration of Deeds and Title Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (27 Apr 2006)

Derek McDowell: These two amendments relate to section 11 of the Bill, which deals with membership of the authority. During discussions in the Dáil, I accepted a proposal to delete the subsection which provided that a member of the authority could only serve two terms of office. The argument that this could lead to the loss of expertise in the authority was well made and I had no difficulty in accepting...

Seanad: Registration of Deeds and Title Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (27 Apr 2006)

Derek McDowell: We will see.

Seanad: Registration of Deeds and Title Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (27 Apr 2006)

Derek McDowell: This amendment inserts a new section into the Bill which relates to the Comptroller and Auditor General (Amendment) Act 1993. The purpose of the amendment is to ensure that the 1993 Act applies to the property registration authority as if it were a Department. The need arises because the authority will have its own Vote, as the Land Registry and registry of deeds currently have. The chief...

Seanad: Registration of Deeds and Title Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (27 Apr 2006)

Derek McDowell: The Registration of Title Act 1964 provides for the registration of ownership of both freehold land and leasehold interests. Leasehold interest is defined as an interest in land under a lease for a term of which more than 21 years are unexpired at the date of registration. It would be desirable to move towards a situation where leases of less than 21 years could also be registered. It is for...

Seanad: Registration of Deeds and Title Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (27 Apr 2006)

Derek McDowell: I am informed that England and Wales have moved towards a period of seven years. However, this may be a long-term objective. This issue concerns resources and practicality. There is, as the new set of amendments provide, an imperative on the committee to examine the resources available to the authority and to look to the broader interest of encouraging registration. It would make no sense to...

Seanad: Registration of Deeds and Title Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (27 Apr 2006)

Derek McDowell: On Committee Stage in the other House, I accepted the principle of an amendment designed to ensure that the provisions of section 38 of the Bill concerning the validity of certain registered deeds did not affect proceedings which were pending at the commencement of the section. Amendment No. 30 gives effect to the intention behind the original amendment, which I accepted.

Seanad: Registration of Deeds and Title Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (27 Apr 2006)

Derek McDowell: One of the primary functions of the new authority will be to promote and extend the registration of ownership of land. My Department has engaged in extensive consultations with the Land Registry, the Law Society and the Irish Mortgage Council on practical means of achieving this objective. One of the suggestions that arose from these discussions related to the categories of title which may be...