Results 9,401-9,420 of 18,729 for speaker:Michael McDowell

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 20: In page 19, to delete lines 1 to 22.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 23: In page 19, to delete line 23 and substitute the following: "(2) A search".

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: This consequential amendment is designed, in effect, to delete the first four words of line 23 of page 19, which are no longer needed. As I said, we are removing the first four words.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 26: In page 19, to delete lines 47 to 50.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 28: In page 19, to delete line 51 and substitute the following: "(3) A member acting under the auth-". This amendment is in line with what I said previously.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 29: In page 20, to delete line 20 and substitute the following: "(4) A person who obstructs or attempts".

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 30: In page 20, line 24, to delete "subsection (6)(a)" and substitute "subsection (3)(a)".

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 31: In page 20, to delete line 30 and substitute the following: "(5) The power to issue a warrant under".

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 32: In page 20, to delete line 35 and substitute the following: "(6) In this section—".

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: As a matter of fact, I think in the vast majority of cases——

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: We are nearly there already. I agree with the spirit of the Deputy's amendment, which is that it would be very unproductive to allow for a lengthy period of detention for questioning in a place where there are no video recording facilities. I do not think the Judiciary would approve of such an arrangement, unless there was some extraordinary explanation that I cannot quite think of at this...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: ——in a paramilitary enterprise one can be detained for a maximum of just 12 hours. I do not think that is a reasonable distinction to draw in the law. Some paramilitaries have, on occasion, been found in possession of baseball bats and have used them to kill people. I always think of the poor man who testified against the IRA chief of staff. As it was during the ceasefire, he was found...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I am not accepting Deputy Howlin's amendment. As a matter of law it is becoming increasingly academic because nearly every Garda station with a custody suite has audio-visual facilities. There are difficulties in cases where evidence is produced concerning statements made by an accused person under lengthy detention in a Garda station with no video-recording facilities. The Judiciary is...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: A Cheann Comhairle, the problem arises from the fact that you put the question in the negative. The question was "That the words proposed to be deleted stand", which knocked Deputy Howlin out.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: For the sake of clarity, I thought I dealt with the Deputy's amendment.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: If it is any consolation to the Deputy, I would not have accepted his amendment for the reasons I stated in any event. I know he did not have an opportunity to discuss the issue.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I accept that.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: No, on principle I would not have.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I do not want it to be part of the law because there could be some extreme case in which, for instance, the video camera collapsed but it was still necessary to carry on the investigation. I do not want to go through all the examples but a case could arise. It is my understanding that the majority of Garda stations where individuals are detained have audio-visual equipment installed....

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 38: In page 22, to delete lines 43 and 44 and substitute the following: "(a) in section 2— (i) in subsection (1), by the substitution of the following paragraph for paragraph (a):". The related amendments, Nos. 39 and 40 and 403 to 405, inclusive, are grouped with amendment No. 38. I move amendments Nos. 38, 39 and 403.