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

Michael McDowell: "Specific" means they are specified.

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

Michael McDowell: The judge. It must be specific to the individual or the offence and it must be articulated by the judge why he is departing from the ten-year norm.

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

Michael McDowell: Possession of a firearm with intent to endanger life, possession of a firearm while hijacking a vehicle, possession of a firearm to resist arrest or to aid an escape, possession of a firearm in suspicious circumstances — that is the phrase used for possession of firearms in circumstances giving rise to the reasonable inference that one does not have them for a lawful purpose, which is a...

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

Michael McDowell: Yes. The remaining sections relate to possession of a firearm with criminal intent and altering a firearm such as sawing off a shotgun.

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

Michael McDowell: Section 38.

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

Michael McDowell: The Deputy always had army council authorisation.

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

Michael McDowell: It was not rushed but took two and a half years.

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

Michael McDowell: So, despite all the time the Deputy spent on the Bill, he did not identify the problems.

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

Michael McDowell: There are a number of firearms offences, namely possession with intent to endanger life, possession with intent to commit indictable offences and possession with a number of other specific intents. If a garda goes to my house this evening and finds, in my sock drawer, a loaded pistol and there is no explanation as to why it is there, meaning it is my possession rather than, for example, that...

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

Michael McDowell: The issue of corporate governance of the Garda Síochána is important. For that reason, the Government authorised me to ask Independent Senator Maurice Hayes to establish a group to advise on this area. He has given me his report, which I have published. We have also received a report from the Garda inspectorate. Happily, there was considerable overlap between the two in their approach....

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

Michael McDowell: Exactly. That is also true.

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

Michael McDowell: We have in mind a system of public appointment. I considered all the possibilities involving some competition. However, I am sure that a top executive in a bank, chemical company, computer company or whatever would not submit himself or herself to a public examination before the Houses of the Oireachtas and then rejection in some competitive process or to controversy in such circumstances....

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

Michael McDowell: I believe it would destroy a Government that attempted to do it. I have explained what Senator Maurice Hayes's group had in mind, which is having top level executives with the capacity to assist the Garda Síochána to do its job. As a barrister, I can say that most barristers have no experience of operating at such a level. Mismanaging their own time and managing one secretary is about...

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

Michael McDowell: Naturally, there are exceptions. There are tremendously talented barristers. One need only mention somebody such as my predecessor as Attorney General, Mr. Dermot Gleason, who has a significant job in the private sector. However, being a barrister is not a passport to such jobs. I believe in barristers being sole traders and single, independent, rugged individuals, but that life demands...

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

Michael McDowell: I will set out all the thinking I have done in public and departmental thinking and have a letter saying all these things sent to the Deputy. I share his passion for reform, which is why I said earlier that the Commissioner, who is in the difficult position of keeping the Garda Síochána functioning and, at the same time, changing it, which is a very difficult position for anybody to be in,...

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

Michael McDowell: What I find most disturbing, and I will not be provocative, is that if one is faced with something like the RTE authority, even the good and great, even independently appointed by the Commission for Public Service Appointments or selected according to some process, in the end, some issue will arise where the Minister of the day says he or she does not agree with what those people are doing.

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

Michael McDowell: One is then faced with the question of whether the Minister sacks them en masse and says that he or she is putting in new people who take a different view of, for example, the fight against drugs or gang crime. I do not think that is a good idea.

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

Michael McDowell: We have an independent Garda authority, of which the Deputies opposite are members. The real thing is for this House——

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

Michael McDowell: That is the point. The capacity of the Commissioner as Accounting Officer is purely financial. He makes budgetary decisions and it is a powerful position. Generally speaking, his accountability as Accounting Officer is to the Committee of Public Accounts. There is no reason the Commissioner and the deputy commissioners should not be regular attendees before a policing and crime prevention...

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

Michael McDowell: That is the point I am making. This is a Parliament with 166 people for a population of 4.5 million or whatever it is. I know we have fewer people than the Parliament at Westminster, but its committee system works better than ours.

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