Results 4,481-4,500 of 18,761 for speaker:Michael McDowell

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I understand the ombudsman commission plans to commence operations on 8 May. This is a welcome development. I remind Members that the establishment of a body of this type requires huge preparation. If the commission were to open its doors before being certain of how it will do its work, it would be discredited almost immediately. It is independent in making its decisions and the chairman...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: However, I am not in a position to direct the commission to initiate a particular inquiry. This means that in a case where everybody in this House sought an inquiry into a particular matter, for example, I might not be able to initiate it. This is another reason for having an alternative means of inquiry. The commission might decide it is not its business to conduct a particular inquiry,...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I dealt with the three issues to which the Deputies referred during Leaders' Questions yesterday. The forgery, if it is a forgery, is a serious matter whatever way one looks at it. I will look into the matter raised by Deputy Howlin in regard to AXA Insurance. The Garda Commissioner regards all these as serious matters. The allegations are based, as I understand it, on the allegedly forged...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: Exactly, it is a question of balance.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I do not propose to go down this road. What is envisaged in this section is not necessarily a tribunal of inquiry substitute. The provisions could be employed in many different circumstances. Looking ahead, I do not propose to accept Deputy Ó Snodaigh's amendment No. 138, which proposes that all reports should be published. If I go down that road, I will get into issues such as those...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I share the concerns expressed by Deputies about the fishing industry. However, the dagger pointed at the throat of decent, honest fishermen all around Ireland is held by a minority who break the law, destroy our capacity to fish and bring down the wrath of the EU Commission which will take steps against us, as happened recently. That is the dagger at the throat of every innocent, decent...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: It is purely to give fisheries protection officers the right to search premises. If they do not weed out the tiny minority who are betraying the great majority, we will have worse consequences next year. More boats will be tied up and the cycle will be repeated. The point was made that the measure should not be in this Bill, but I have explained honestly and patiently why it is in the...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: The Deputy is talking the debate out.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: He is.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I have given the House my reasoning behind sentencing provisions. Regarding the detention provisions, I carefully considered, as did the Attorney General, the newspaper article to which the Deputy refers. I am satisfied that the provisions are not unconstitutional or in breach of the European Convention on Human Rights and the Attorney General has advised me that this is the case. If these...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: We made an agreement on the floor of this House today. I am not tearing it up and if Deputy Jim O'Keeffe chooses to resile from it that is his problem.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: The Deputy is resiling from an agreement he made two hours ago.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I stated yesterday evening that I wanted to reflect on it.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I will make it clear to Members what I will do in a fortnight and, therefore, they will have ample opportunity to call a division if they do not agree with what I propose on Report Stage.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: I appreciate those comments but I have undertaken to listen to the debate. Just because I am listening to the debate does not mean I must instantly decide a point made is worth accepting.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: The Deputy has indicated that he opposes this and other sections. He is not particularly worried about the board of the National Museum certifying firearms but, nonetheless, I get the message that he does not like Part 6. This section inserts a new subsection, which states: "The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: The first is related to possession with intent to endanger life.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: Unless the legislation states the sentence should always be ten years, which has a constitutional implication on the advice of the Attorney General, a formula must be devised that allows the Judiciary to avoid a grossly disproportionate sentence, for instance, in a case where somebody was in temporary possession of a firearm out of sheer curiosity for 24 hours and was not involved in gangland...

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: Perhaps. There could be extraordinary circumstances but to have a firearm with intent to endanger life is a very serious offence. The norm should be a ten-year sentence and only in exceptional and specific circumstances should there be a departure from the ten-year norm. That is the intent of this section.

Criminal Justice Bill 2007: Report Stage (Resumed). (5 Apr 2007)

Michael McDowell: If the Deputy has a formulation that is preferable and constitutional, I would love to hear it but I must provide a safety valve constitutionally, which must take a statutory form. If I insert a laundry list relating to coercion, duress and so on, my worry is that I would leave something out and I would be told following an Article 26 reference that the Bill had collapsed.