Results 5,101-5,120 of 18,761 for speaker:Michael McDowell

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

Michael McDowell: I will consider the matter before Report Stage.

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

Michael McDowell: I accept that and I am glad the point has been raised. I do not want a situation where an individual with 85 previous convictions must give chapter and verse for each of them from memory when filling out a bail application. On the other hand, having three convictions for murder should stick in one's mind. Regarding subsection (7), there will be an insertion in the 1997 Bail Act, of which...

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

Michael McDowell: Yes, if the applicant was giving evidence, he or she would be considered a witness. Gardaí might be witnesses too.

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

Michael McDowell: The Act states that one does not have to say that.

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

Michael McDowell: I have listened to Deputy Howlin expound this view and I was interested to hear him elaborate on it now. Two issues arise, the first being the issue as to whether the word "considered" should appear in the last line of the subsection. I will examine this carefully. That something is evidence of something does not ascribe weight to it of any particular kind and does not oblige somebody to...

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

Michael McDowell: It corroborates the proposition that bail should not be applied.

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

Michael McDowell: It is not proof positive. I will be careful in my language. I would not agree with Deputy Howlin that it makes it conclusive evidence on the matter.

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

Michael McDowell: I will reply. I have said virtually everything I want to say about this.

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

Michael McDowell: I have forgotten them, as it is a long time since the Deputy spoke in favour of his amendment. I am of the view, like Deputy Jim O'Keeffe, that this system can make a useful contribution, particularly in regard to the bail-no bail issue. It might well occur to a judge dealing with the question of whether a person is likely to commit a serious gangland crime that the fact that he or she could...

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

Michael McDowell: My recollection is that the cost per prisoner per month is Stg£1,200. I believe that is the figure I was told.

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

Michael McDowell: That is true but it would also depend on the volume of people being monitored. If somebody is required to sit at a monitoring station——

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

Michael McDowell: ——for one person, the price would be dramatically higher than for a large number of people. I am not in a position to give the Deputy an accurate estimate of that cost. It would depend on the technology and on the contract.

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

Michael McDowell: My understanding is that it is for the fixed point system but I am not 100% sure about that.

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

Michael McDowell: I will communicate with the Deputies on this. Officials in my Department met with Home Office officials on this issue. I remember that happening at the time of the previous Criminal Justice Bill but I am not in a position to say where consideration of it has got to since then, but the system involved cost implications, putting out a contract and having a statutory basis for it. The idea of...

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

Michael McDowell: Officials in my Department have been studying this issue and have consulted Home Office officials about it. I have drawn to the attention of the House that the reaction to it is mixed.

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

Michael McDowell: The two provisions being dealt with here only refer to failures and they do not deal with refusals. I appreciate the Deputy is being consistent with proposals he intends making to Part 4 of the Bill but that would be with regard to new law. I can shorten this matter by saying that as far as we are concerned, every failure includes a refusal. If a person is asked to do X or to account for X...

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

Michael McDowell: Deputy Ó Snodaigh knows the Government is given the monopoly of proposing legislation which involves a charge on the Exchequer——

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

Michael McDowell: ——or Ministers of the Government are given this monopoly. Whether this is right or wrong is a constitutional matter and I believe there are good reasons for it. Standing Orders of this House provide that amendments which would have the effect of impinging on the Government's function in this matter are not in order. I will look at all the Deputy's amendments to see if there is any...

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

Michael McDowell: I am very sympathetic to the spirit of both of these amendments. I indicated that previously and I am not just saying so now. It is my view that if somebody is the subject of a conviction by reason of a miscarriage of justice, we should supply remedies for him or her. Likewise, it is my strong view that if somebody secured an acquittal by certain forms of miscarriage of justice,...

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

Michael McDowell: I have. From where does Deputy Howlin think the Hogan report and all the consideration therein came? It came from the actions that I took to put this matter on the agenda and the other matters that are there.