Results 5,101-5,120 of 18,728 for speaker:Michael McDowell

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

Michael McDowell: The Hogan group would not have expected me to run the scheme of its Bill through in rapid order. I am, therefore, not being inconsistent. I said last December that I would put a package before the House in the new year. I then published the scheme of a Bill in February and I published the Bill in March.

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

Michael McDowell: Yes and we are debating the matters that were canvassed in public. During this process, I returned from the US and received the Hogan report on my desk.

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

Michael McDowell: Exactly. I did not undertake in public nor did I imply that I would immediately enact the report into law, even if I agreed with some of its provisions. I will not go down that road. Deputies Jim O'Keeffe and Howlin cannot have it both ways. They cannot run with the Law Society on the one hand and say all these provisions are very major and require a good deal of thought——

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

Michael McDowell: ——and then say eight days after I receive a report, "Please enact into law".

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

Michael McDowell: There is no point in shouting either. I put before the people a scheme of a Bill and I asked the Parliamentary Counsel to draft that Bill. There is good material for the reform of criminal law in this package.

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

Michael McDowell: I will not on Committee Stage turn the Bill into an enactment package of the Hogan report.

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

Michael McDowell: It is not a small part.

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

Michael McDowell: I am not opposed to the proposition being put forward. However, it would be very imprudent of a Minister to accept an amendment without consulting the Attorney General and obtaining his advice on it.

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

Michael McDowell: I cannot accept the amendment on that basis.

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

Michael McDowell: Time is required to consider it. If I were asked, I would choose Deputy Howlin's approach rather than Deputy Jim O'Keeffe's but I do not preclude that the Attorney General may fail to see merit in the latter's approach. I need time and a Government decision but I have neither. This legislation, when debated on Second Stage, did not incorporate any of this material. If I am accused of...

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

Michael McDowell: In response, I am trying to deal with gangland crime.

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

Michael McDowell: I announced a package last December and have produced legislation that faithfully accords to that message.

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

Michael McDowell: It has just been decided.

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

Michael McDowell: On what page of the report?

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

Michael McDowell: I agree with the Deputy's amendment and propose to accept its principle. I want to think about the exact way in which it should be brought into law. I recall a case where because of intimidation an individual was allowed watch from a van on a street where it was understood the person would be and identify the person to gardaí. The evidence was acceptable in court.

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

Michael McDowell: It was accepted in the Special Criminal Court. I accept the point about sexual crime victims being re-traumatised by a very scary process in which they must physically confront their assailants. I take the wider point on gangland activity where people may find the process of identification frightening. It would be frightening if one saw somebody shoot down someone in front of one and was...

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

Michael McDowell: Great minds think alike, but before Deputy Jim O'Keeffe smiles, he should wait for the rest of my reply. Approximately two years ago, the Taoiseach wrote to the Attorney General and me asking us to examine the issue. We have considered it and I will explain why it is a difficult matter. If Dr. Hogan's dissentient opinion, which is derived from a Supreme Court opinion on the Constitution, is...

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

Michael McDowell: I do not want to speak for the Attorney General, as I do not know his precise opinion on the matter, but I have always been a supporter of the minority in the Kenny decision. With respect, the majority was wrong. This is my personal viewpoint. It seems that the best course of action would be to re-argue the case before the Supreme Court on some proper set of facts or to hold a...

Order of Business (Resumed) (29 Mar 2007)

Michael McDowell: It is intended to publish legislation on the voluntary health insurance market this session. As the Deputy is aware, the Minister for Health and Children is due to receive in the next few days the report of the Barrington group, which has been examining this issue. The opinions of the Commissioner and the President of the Commission will be taken into account by the Government in the...

Order of Business (Resumed) (29 Mar 2007)

Michael McDowell: As I understand it, the matter was debated in the House last night. The Minister is available to deal with parliamentary questions. It is open to Members opposite to raise the issue in the time available to them. This is a matter for the local authority and, as I understand the points made by my colleague, the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, resources...