Results 5,041-5,060 of 18,728 for speaker:Michael McDowell

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: The phrase is "otherwise be of good behaviour".

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: The phrase "shall not commit an offence while on bail, and shall otherwise be of good behaviour" is clearly intended to deal with categories of behaviour other than the commission of an offence.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: The Deputy will appreciate this is not a priority of mine. I am following the advice of the Attorney General.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: This business was ordered to be completed today and I have been as constructive as I can in this debate.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: We could have made much more progress were it not for the fact that an extraneous matter was discussed which was worthwhile but not related to the Bill proposed.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: It was another proposal of a far-reaching nature. I fully accept people are entitled to table amendments but the person chose to discuss matters which were not in the Bill. On behalf of the Government, I propose to accept amendment No. 64 and Deputy Howlin's amendment to amendment No. 155. With regard to the repeat offenders provisions, it is my intention to table Report Stage amendments...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: The Deputy should appreciate I also accepted amendments from him today. At the beginning of the process I indicated I would accept reasonable amendments from whatever source they come.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: Deputy Higgins participated in no way in this event so he should go back to his box.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I know Deputies want to deal with the issues in this Bill. If they exercise some degree of discretion about retabling Committee Stage amendments——

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: ——we will get every aspect of the Bill considered on Report Stage next week. I also intend to have a full debate on this in the Seanad——

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: ——and bring it back to this House with any amendments which the Seanad makes.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: One should always proceed by retrying something if possible, looking to the constitutional issue subsequently and so forth. I agree with Deputy Ardagh in respect of the notion that a garda acting in good faith could be found to have objectively breached the Constitution, despite the garda not knowing that he or she had done so or believing that it was not a breach. The evidence obtained...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: If I explained that the Attorney General said it was possibly constitutional and possibly not, I would have a hard time getting the legislation through the House. Some people might suggest I should instruct the Director of Public Prosecutions to revisit this matter in a suitable case before the Supreme Court. If I were to go down the constitutional route, it would be quite difficult for me...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: The merits of a particular case are not always 100% as we would like them to be. It is quite difficult, given the various circumstances which apply, to find a suitable case that is in a format in which one can bring it to the Supreme Court for an authoritative decision. I am not sure that my argument convinces anybody. The one thing I am absolutely sure of is that I will not accept this...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: The Deputy should read the decisions.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I agree with what has been said. Waiting for a suitable opportunity involves hoping the DPP finds such an opportunity, but he is independent and must make decisions independently. The Legislature might be better employed in considering a single clause Bill upon which other matters did not ride, as suggested by Deputy Howlin. I placed this on the agenda to be considered by the Hogan...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: Mr. Leahy stated that it is an argument in reverse to suggest that there were reasonable grounds to search the car because drugs were found. The judge famously replied that, backwards or forwards, it was common sense to him.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I am the serial legislator.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: Requiring a probation officer to act as a monitor is a misunderstanding of the role of the probation and welfare service. These officers are skilled people who deal with offenders. Looking at a screen and waiting for a button to flash has nothing to do with their qualifications and experience. I am not trying to be overly ideological, but Deputy Ó Snodaigh's hard left ideology is bringing...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I am sufficiently impressed by Deputy Howlin's amendment to accept it. I may have to look at the wording, but I shall accept it for the time being.