Results 6,161-6,180 of 18,728 for speaker:Michael McDowell

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Michael McDowell: This is getting very hopeful.

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Michael McDowell: I have done a fair amount of libel law in my time and watched many other lawyers do much more than I ever did but I never heard of a case in which a secretary was sued for typing a letter. I have never even heard of a case in which there was a threat to sue a secretary for typing a letter. In respect of the definition of the term "secretary" there would be cases in which an employee,...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Michael McDowell: Most secretaries who write letters are, unless it is staring them in the face, totally unaware of whether they are defamatory. They assume that their employers are persons of honour and decency and would only put forward observations that are true or whatever. I simply do not believe that a court would award damages of a significant amount against a secretary. Similarly, neither the...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Michael McDowell: If all the Members of the Oireachtas were to have visited upon them all the letters sent out in their name and be subject to the consequences attaching thereto, there would be very few of us in the Houses.

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Michael McDowell: I expect that further compliments shall flow in the course of the afternoon.

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Michael McDowell: It is interesting that slander is not actionable without proof of special damage and except in certain cases. One of the latter instances is imputing dishonesty or criminality to a person, while another is imputing unchastity to a woman, a man or whomever. I am following the recommendations of the Law Reform Commission in merging the two torts. There is, however, a slight reluctance on my...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Michael McDowell: Senator Jim Walsh referred to section 5(4). The purpose of this subsection is that if one says something to somebody that is directed towards him or her, it is not defamatory. If one's secretary heard one, in an unintended way — for example, through the office partition — making a defamatory remark about somebody, that should not, of itself, constitute publication. This is a peculiar...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Michael McDowell: That is the point. If somebody proceeds to republish the remark, section 5(4) will not protect them in any way. The provision under discussion only extends to someone who was an unintended bystander. If the secretary to whom I refer heard it in an unintended way, contacted the local newspaper and stated that the remark was made in her presence, the publication to the local newspaper and...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Michael McDowell: The point about somebody making a mistake and being criminalised is absolutely without foundation, I regret to inform the House.

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Michael McDowell: No. Subsection (6) provides that if a person makes a statement in an affidavit under this section that is false or misleading in any respect and that he or she knows to be false and misleading, he or she shall be guilty of an offence. That has nothing to do with making an honest mistake. It must be proved that the person knew it was false and misleading at the time he or she made it. The...

Written Answers — Stardust Inquiry: Stardust Inquiry (20 Feb 2007)

Michael McDowell: I propose to take Questions Nos. 208, 209 and 237 together. The Victims Committee has been advised that an external and independent examination of their submission is to be carried out by an eminent legal person. The arrangements for this examination are the subject of ongoing communication with the Committee's solicitor and will hopefully be agreed in the short term. The Deputies will also...

Written Answers — Road Traffic Accidents: Road Traffic Accidents (20 Feb 2007)

Michael McDowell: I am informed by the Garda authorities that the fatal road collision referred to is being investigated by the Gardaí at Buncrana Garda station and an investigation file was submitted to the Law Officers. I am also informed that queries recently received from the Law Officers are currently being addressed by the investigating officers. A number of the queries refer to matters outside of this...

Written Answers — Residency Permits: Residency Permits (20 Feb 2007)

Michael McDowell: I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in July 2005. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department. This application...

Written Answers — Independent Living Programme: Independent Living Programme (20 Feb 2007)

Michael McDowell: The Independent Living Support Programme advertised by my Department in 2006 is a €6 million funding programme designed to assist voluntary organisations and service providers who work with people with a disability to purchase practical supports. Under the Programme, capital funding is being provided to purchase equipment such as wheelchairs, beds, hoists, adapted furniture, vehicles, and...

Written Answers — Residency Permits: Residency Permits (20 Feb 2007)

Michael McDowell: An application for residency in the State on the basis of marriage to an Irish national was received from the person in question in October 2006. An acknowledgement of receipt of the application was issued on 2 November 2006. Applications of this kind, in fairness to all other such applicants, are dealt with in strict chronological order and currently take approximately twelve months to...

Written Answers — Garda Investigations: Garda Investigations (20 Feb 2007)

Michael McDowell: A reply issued from my office to the Deputy, in relation to the correspondence referred to, on 13 February, 2007.

Written Answers — Closed Circuit Television Systems: Closed Circuit Television Systems (20 Feb 2007)

Michael McDowell: In June 2005 I launched the Community Based CCTV Scheme to provide financial assistance to qualifying local organisations towards meeting the capital costs associated with the establishment of local community CCTV systems. The Scheme offers two types of funding: Stage 1 offers a pre-development grant of up to €5,000 to enable qualifying applicants investigate the need for CCTV in their...

Written Answers — Deportation Orders: Deportation Orders (20 Feb 2007)

Michael McDowell: I refer to my reply to the Deputy to Question 80, 9th November 2006 concerning this case. The person concerned, a Ukrainian national who has indicated he is married to an Estonian national residing in Ireland. It is open to him to make an EU Treaty Rights Visa Application to his nearest Irish Embassy/Consulate under the European Communities (Free Movement Persons) Regulations 2006. In...

Written Answers — Residency Permits: Residency Permits (20 Feb 2007)

Michael McDowell: I understand that the Immigration Division of my Department has been in contact with the person concerned, informing him of the decision regarding his application for permission to remain in the State.

Written Answers — Drug Seizures: Drug Seizures (20 Feb 2007)

Michael McDowell: I have been informed by the Garda authorities that the following table shows drug seizures by drug type and quantity, for Manorhamilton Garda District for 2001/2007 inclusive. I can assure the Deputy that a key ongoing objective of the Government's National Drugs Strategy 2001-2008 is to reduce access to all drugs, particularly those drugs that cause most harm, to young people and the...