Results 81-100 of 1,683 for speaker:Derek McDowell

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: This looks like a massive raft of amendments but it is not as intimidating as it appears. The Bill as it stands provides a range of maximum and mandatory minimum sentences in respect of certain firearms and drugs offences. In deciding whether it would be just to impose a mandatory minimum sentence in all circumstances, there are a number of factors that the court must take into account,...

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I am grateful to the Senator for pointing out the difficulty, but amendment No. 37 in my name addresses the top line on page 87 and would change that part of the Bill to read "where a person". I agree that amendment No. 38 looks strange, but it must be examined in the context of the full set of amendments.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I was about to accept the amendments.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: No. I generously yielded the right of way to the Senator.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I accept amendment No. 12 and will accept amendments Nos. 16, 20, 24, 28, 32 and 36.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: This a technical amendment to correct a spelling mistake.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I am in a position to accept this amendment. As Senator Norris rightly pointed out, during the debate in the Dáil on the Criminal Law (Insanity) Bill I acceded to a late amendment tabled by Deputy Ó Snodaigh and supported on all sides of the House. I assumed that there would be no consequential amendments but, when it came before this House, the Minister of State at the Department of...

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I thank all the Members of this House for the way in which they have carefully gone through the Bill, participating in a very constructive debate on Second, Committee and Report Stages. I thank individual Members for the amendments that were accepted, and for those that were not, which nevertheless were argued for with passion and in a constructive spirit. This is a very extensive Bill of...

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I thank the Leader.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: Amendment No. 1 relates to section 5(8)(a) which concerns the preservation of a crime scene. I believe there is value in the arguments made yesterday by Senator Cummins in regard to this subsection. There is a need to ensure that evidence obtained from a crime scene is not rendered inadmissible simply because a garda did not make a written record of the direction from his superintendent that...

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I am not so familiar with procedure in this House. Is it possible to recommit to Committee Stage?

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: If we were to put a full stop after the phrase, "hovercraft" and take away what appeared after it, I would be prepared to accept that amendment.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: If we were to take away the comma after "hovercraft" and put in a full stop and take away paragraph (f) down to "whatsoever."

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: Hovercraft full stop. We also need to include the word "and" at the end of paragraph (d).

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: The word "and" should be inserted at the end of paragraph (d), a full stop should replace ", or" after the word "hovercraft" in paragraph (e) , and paragraph (f) should be deleted.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: The first reference is in section 10(a)(ii), which relates to drug offences, at the bottom of page 22. The other relevant section is 187, on page 161, which refers to the Offences Against the State Act 1939.

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I am grateful to Senator Norris for the invitation to be disorderly and deal with his unmoved amendment. The issues that he raised can be dealt with by custody regulations made under the Criminal Justice Act 1984. Senator Norris is raising ways it can be proved beyond contradiction the taking of a sample was done in a lawful way. The majority of people will be happy to provide a DNA sample...

Seanad: Criminal Justice Bill 2004: Report and Final Stages. (4 Jul 2006)

Derek McDowell: I do not begrudge the Senator her fees.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Someone assaulted in the same circumstances as those two firefighters should have some form of compensation available to him or her. They are not my employees. I am responsible for the Garda. In so far as we are including its members in the term "peace officers", I see the moral force of what the Senator is suggesting, but I cannot accept a new form of liability on the part of the State. In...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: It also applies to Opposition Members in the other House.