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Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: It was not. The difference between a high velocity and low velocity weapon is, in conventional terms, not just defined by reference to the strength of the ammunition used. It is also by reference to other characteristics of the weapon. A Kalashnikov rifle would be described as a high velocity weapon, no matter what bullets were used in it.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: The problem with the Labour Party is that it has not had an armed wing for a long time.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Notwithstanding the arrival of Democratic Left.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: A democratic right exists to communicate with any officer of the State.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: An individual can write to an officer of the State, claiming an unreasonable order has been made. Most Ministers would consider such letters——

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: ——unless it was manifestly unreasonable. If one feels one's post to a Minister is being diverted, there are other ways to contact directly him or her. Ministers are extremely accessible and I do not know of any Minister who is beyond communication. I have only experience of the Department of Justice, Equality and Law Reform on a personal level since I became Minister. During my tenure, no...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: The Irish Human Rights Commission has publicly acknowledged this. The Law Reform Commission was mentioned in this morning's debate. At the recent launch of the Land and Conveyancing Law Reform Bill, the president of the commission was asked by a member of the press whether she felt frustrated that the commission's reports were not acted upon. She said the Law Reform Commission had a higher...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: She also said in recent years the situation had substantially improved.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: This reminds me of when F.E. Smith, later the first Earl of Birkenhead, made a lengthy legal submission to a judge. Half an hour into it, the judge said to Smith that he was still none the wiser for it. Smith replied, "Perhaps not the wiser, My Lord, but certainly much better educated".

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Deputy O'Keeffe's amendment No. 92 proposes the insertion of the words "where the permission of that person has been obtained" in subsection (6)(b) in regard to applications for a limited certificate for a shotgun. I refer the Deputy to subsection (11) of the new section 30 which provides at paragraph (a) that a limited certificate relating to land occupied by a person other than the...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I am informed that while there are delays in regard to the issuing of new firearm certificates — sometimes of as much as three months — renewal is an almost automatic process, similar to getting one's car taxed. Lengthy delays are not a problem in terms of renewals. Applications for renewal should be submitted at a date proximate to the date on which the new licence commences. We do not...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I am advised that the three-month period for making a decision applies in regard to new certificates. The renewals process, however, is almost an automatic process.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I do not believe the three-month period applies to renewals.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: Deputy Howlin is correct; it applies to all applications. However, the Deputy's argument is akin to demanding that Dublin City Council must renew one's car tax within three months of application. It all happens by an automatic process, more or less by return of post. The particular notional difficulty to which the Deputy refers — that a renewal could take three months — does not happen in...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: This argument is academic but I will accept the amendment to prevent Deputy Howlin from calling another division.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I am causing division among the parties to the Mullingar accord.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: The House discussed the amendment in the context of amendment No. 62 when I indicated I would send amendments Nos. 62 and 63 to the Law Reform Commission for examination.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: This amendment is a proposal that an appeal under the section must be made within 28 days. The effect of the amendment would be to eliminate the words "or such longer period not exceeding 56 days as the trial court may, on application to it in that behalf, determine, from the day on which the order is made". This provision is to allow for flexibility in certain cases. The primary period...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I move amendment No. 74: In page 34, to delete lines 5 to 44 and in page 35, to delete lines 1 to 4 and substitute the following: "(a) by the substitution of the following subsection for subsection (1): "(1) In this Act— "ammunition" (except where used in relation to a prohibited weapon) means ammunition for a firearm and includes— (a) grenades, bombs and other similar missiles, whether...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Michael McDowell: I move amendment No. 75: In page 35, line 36, to delete "club or shooting range" and substitute "club, shooting range or any other place". The purpose of the amendment is delete the term "club or shooting range" and substitute the words "club, shooting range or any other place". It is a technical amendment to provide that a superintendent may authorise, if he is satisfied to do so on public...

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