Results 1,081-1,100 of 18,741 for speaker:Michael McDowell

Seanad: Health and Criminal Justice (Covid-19) (Amendment) Bill 2021: Second Stage (24 May 2021)

Michael McDowell: I welcome the Minister to the House and I endorse the remarks made around the House on his personal achievements as Minister. He has not, as Senator Ward said, been there for years. He has been there for less than a year and during that year he has had a torrid time. Cowardly keyboard warriors have used anonymity in the most vile campaign of abuse against him and I totally dissociate...

Seanad: Health and Criminal Justice (Covid-19) (Amendment) Bill 2021: Second Stage (24 May 2021)

Michael McDowell: Were they doing any harm?

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

Michael McDowell: I move amendment No. 4a: In page 11, between lines 10 and 11, to insert the following: “7.(1) The court of trial may permit any witness to be cross-examined in relation to evidence given by that witness in the course of any preliminary trial hearing where the court is satisfied that it would be in the interests of justice to do so. (2) The court of trial may permit evidence of...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

Michael McDowell: I understand the point that Senator Ward and the Minister of State are making. What I was worried about, and perhaps I did not express this adequately, is that section 6(14) states that a determination of a point at a preliminary trial hearing shall have binding effect. It is all very well to say that a statement is going to be admissible or inadmissible but if that were interpreted as...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

Michael McDowell: I move amendment No. 4b: In page 11, to delete lines 18 to 25 and substitute the following: “(2) An appeal referred to in this section shall only lie where it is contended by the prosecution that the relevant order made by the trial court erroneously excluded evidence which is— (a) reliable, (b) of significant probative value, and (c) such that when taken together with...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

Michael McDowell: This is a technical amendment. I ask the Minister of State to consider it. The appeal provision in section 7(2) states an appeal referred to in this section shall lie only where the relevant order concerned made by the trial court erroneously excluded evidence which is reliable and such that when taken together with the other relevant evidence would be of significant probative value in the...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

Michael McDowell: If I may say so, Senator Ward is too easily persuaded by the Minister of State. An appeal, referred to in this section, shall lie only in certain circumstances. It seems to me that what is really intended is that it shall succeed only if it is established that it is erroneous that it excluded evidence that was reliable, had significant probative value, and when taken with the other evidence...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

Michael McDowell: I move amendment No. 5: In page 11, line 19, to delete “erroneously”.

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

Michael McDowell: I do not follow this at all. Amendment No. 5a was to make sure that the Court of Appeal can "allow, quash or vary the order under appeal." It is not predetermined by any previous decision. It is to allow the Court of Appeal to vary an order. This is hugely important. At the moment there is a binary provision in the Act that it either allows the appeal or quashes the order under appeal.It...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

Michael McDowell: I am supportive of what Senator Ward is attempting to achieve. I do not know whether the particular mechanism by which he is proposing it should be done is the correct one. It may be of interest to him to know that when I was Minister for Justice, the exact same point occurred to me. Rather than seeking to cut across the Judges' rules, I asked the Chief Justice at the time to look at the...

Seanad: Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages (18 May 2021)

Michael McDowell: I support Senator Ward's amendment. This unnecessary provision to start giving juries prosecution or defence counsel speeches undermines their oath, which is to consider the evidence rather than the arguments that are put before them and to confine themselves to their judgment of the evidence. The other thing I am slightly worried about, and which I raised on the last occasion on which this...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Judicial Appointments Commission Bill 2020: Discussion (18 May 2021)

Michael McDowell: I thank the witnesses for their presentations, which I found very interesting. One problem that I have with the scheme of the Bill that is now before us is, curiously, one which caused a problem with the previous Bill, that is the membership of the commission. It seems to be a body corporate consisting of nine people, but one of those nine people is a kind of rotational person. I cannot...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Judicial Appointments Commission Bill 2020: Discussion (18 May 2021)

Michael McDowell: That comes as a surprise to me. I thought Head 9(3) was to say that the barrister or solicitor it chose had to be qualified to have been a judge at the time of appointment, in other words, to have ten years' practice. I agree with Ms Keane that it is loosely worded. It could carry the meaning that she is supposing-----

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Judicial Appointments Commission Bill 2020: Discussion (18 May 2021)

Michael McDowell: It is the requisite number of years standing at the time of appointment.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Judicial Appointments Commission Bill 2020: Discussion (18 May 2021)

Michael McDowell: I do not know which they are driving at. It would be very frightening if it was all former judges, I must say.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Judicial Appointments Commission Bill 2020: Discussion (18 May 2021)

Michael McDowell: The former Minister, Alan Shatter, extended the period of service required for a pension from 15 to 20 years. I will not be too unfair but the process was strange because this provision was not referred to in the explanatory memorandum to the pensions Bill in question. This effectively means that, if someone has not been appointed by the age of 50, he or she cannot get a full pension. It...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Judicial Appointments Commission Bill 2020: Discussion (18 May 2021)

Michael McDowell: Was any of this the subject of consultation with the Law Society or with the Bar? Was any of the thinking behind this bounced off them at any stage?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Judicial Appointments Commission Bill 2020: Discussion (18 May 2021)

Michael McDowell: Was the thinking behind the scheme explained to the groups? I refer to the issue of retired judges, if that is how it is to be read. Was that ever explained?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Judicial Appointments Commission Bill 2020: Discussion (18 May 2021)

Michael McDowell: Will Dr. Kenny and Dr. Cahillane deal with the other point?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Judicial Appointments Commission Bill 2020: Discussion (18 May 2021)

Michael McDowell: That is it. I am happy.