Results 5,081-5,100 of 18,761 for speaker:Michael McDowell

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.

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

Michael McDowell: It does.

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

Michael McDowell: Briefly as regards (g), it would not oblige a court to follow other previous judgments made in respect of a person. However, if a person has been refused bail on eight occasions, why should this not be brought to the attention of the ninth judge? It would be strange if a judge were not to hear that type of material evidence. As regards subsection 5(a), extending the period for production...

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

Michael McDowell: If that were changed to "shall" it would cast a duty on the court to work this out in any particular case. I do not want newspapers to believe they are free to say anything they like about what happens in a District Court, unless a court orders otherwise. I want them to share responsibility in this matter. I will look at it again, but I am happier with "may" there, because it might be...

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

Michael McDowell: I do not believe this particular provision is necessary.

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

Michael McDowell: Depending on how Deputy Andrews drafts his Bill, there may be no problem with expunging previous convictions after a certain period has lapsed. I have considerable sympathy for the proposal. However, we must be careful as to what offences are not included.

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

Michael McDowell: I do not know whether Deputy Andrews's proposals will involve an application to a court to have records cleared or that it will happen with the efflux of time. The written statement does not mean it is in the applicant's handwriting. It is anticipated that there will be a prescribed format for the statement and the person concerned will have to fill it out to the best of his or her knowledge...

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

Michael McDowell: A signature can be a mark. I will examine the situation where an applicant may have such a string of convictions that he or she could not remember them all. A clause can be inserted that it is to the best of one's knowledge or belief. I do not want a situation where the accused can ask the Garda for a list of previous convictions.