Results 1,101-1,120 of 18,726 for speaker:Michael McDowell

Seanad: European Digital Green Certificate: Statements (7 May 2021)

Michael McDowell: I was badly interrupted, so the Chair might give me another 20 seconds. It is important that we do not spend our time making futile statements to each other and that we deal with legislation, which is badly needed. Where is the Land Development Agency Bill? Where are all these measures?We need to get on with the work. The Houses, as the Legislature, need to be in a position to do their...

Seanad: European Digital Green Certificate: Statements (7 May 2021)

Michael McDowell: With the vaccination programme, we have a lot to be glad about, but we have a lot to learn from what went wrong in the past year in Ireland. We should not be clapping ourselves on the back too prematurely in the circumstances we now face.

Seanad: Business and Covid-19: Statements (30 Apr 2021)

Michael McDowell: I welcome the Tánaiste to the House, and I agree with him on congratulating Senators Maria Byrne and Horkan on their election. As the Tánaiste said, it is a long time since he has been in this Chamber physically and in the Seanad. There is unfinished business regarding Seanad reform, which we will return to another today. The roadmap outlined yesterday by the Taoiseach, and which...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Tax Compliance (30 Apr 2021)

Michael McDowell: I thank the Minister for coming to the House and the Chair for listing this Commencement matter. According to the tax and duty manual, under the capital acquisitions tax part 15 on insurance policies and in particular under sections 72 and 73 of the Capital Acquisitions Tax Consolidation Act, it is possible to put in place an insurance policy, the purpose of which is to meet the anticipated...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Tax Compliance (30 Apr 2021)

Michael McDowell: I thank the Minister of State for his reply. Perhaps the terms in which the matter was phrased were not specifically accurate enough to highlight the problem that I was speaking about. I note that he said that there is not a problem in theory with a child of a likely disponer taking out a life assurance policy providing he or she can show an insurable interest but there is this difficulty...

Seanad: An tOrd Gnó - Order of Business (30 Apr 2021)

Michael McDowell: On behalf of the members of the Independent Group, and I think I speak for everyone in the House in this regard, I wish to express sympathy to Senator Mullen on the death of his father. I want to mark what may not be generally known, which is how many years of devoted home care Senator Mullen and his family provided for the late Thomas Mullen. Ar dheis Dé go raibh a anam. The exit...

Seanad: Personal Insolvency (Amendment) Bill 2020: Report and Final Stages (30 Apr 2021)

Michael McDowell: I move amendment No. 1: In page 9, to delete lines 9 and 10 and substitute the following: "11.Section 91 of the Principal Act is amended— (a) in subsection (1)(e) by the insertion of "or a confirmation of truth" after "statutory declaration", (b) in subsection (1)(g) by the deletion of "has made a declaration in writing declaring that he or she", and (c) by the substitution of...

Seanad: Personal Insolvency (Amendment) Bill 2020: Report and Final Stages (30 Apr 2021)

Michael McDowell: I proposed this amendment on Committee Stage and at the request of the Minister of State, I withdrew it and indicated I would consider what he had said in reply. I want to make the following observations. The Minister of State told the House the Insolvency Service of Ireland had advised that there was no history to date of people arranging their affairs to avail of a personal insolvency...

Seanad: Personal Insolvency (Amendment) Bill 2020: Report and Final Stages (30 Apr 2021)

Michael McDowell: I reiterate my point that the fact this cut-off date existed was recognised in a number of court decisions as an important counterbalance and that counterbalance has been taken away. The objection that the amendment does not specify the proofs that a debtor would need is, arguably, misconceived. The proofs depend on the facts of individual cases and legislation does not usually exhaustively...

Seanad: Personal Insolvency (Amendment) Bill 2020: Report and Final Stages (30 Apr 2021)

Michael McDowell: I take on board what Senator Ward has said. I will not press the amendment any further. However, I do worry an obstacle is being removed which existed in the form of a cut-off date. That is now gone. I hope practitioners will take the certificates they produce seriously in future.

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: I welcome the Minister of State to the House and express my appreciation for the amendment made to the Order of Business today in respect of this Bill. I will make a few points in respect of the Bill. First, I think this Bill needs to be more carefully considered than perhaps it was in Dáil Éireann. They had a debate there and a number of amendments were put down by the Sinn...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: I hope Senator Ward was not implying that I was asking that we go back to the times of Robert Day because I was not.

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: However, I am saying that the whole process of jury trial has become much more complicated. I agree with Senator Ward that many aspects of the current system are protective of the accused and the rights of the accused. In the context of what is the most liberal bail law of all the common law jurisdictions and the delays that exist, from the point of view of the victim of crime, the period...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: Section 5 is a provision stating what a relevant offence is, and as is clearly provided for in subsection (1), it means: (a) an offence specified in an order made under subsection (2), (b) an offence for which a person of full capacity and not previously convicted may, under, or by virtue of, any enactment or the common law, be sentenced to— (i) imprisonment for life, or (ii) a...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: I accept that it may be the case that abetting involves being an accessory, although I am not sure about it as it has been years since I have studied the law in that regard. I am not sure about it. The criteria set out in sections 5(2)(a), (b) and (c) seem perfectly reasonable. In respect of section 5(3), is it envisaged that the Minister will take a generous view of this and extend the...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: I agree with Senator Ward. The Minister was correct. This is the only obligatory requirement for such a thing to happen. The way it is phrased is clever enough. It prevents repeat applications being made with a view to obstruction. It gives the court the discretion to navigate its way around that issue while, at the same, giving both the prosecution and the defence one bite of the...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: I am in disagreement with Senator Ward. I think the accused should be required to nail his or her colours to the mast as early as possible in a criminal process and not have a kind of each-way bet on seeing how the process will go and then seeing whether it would be a good idea to plead guilty. I emphasise that I am not being opportunistic in using this example but in the case, for...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: Giving somebody a full understanding of the nature of the evidence that the prosecution intends to bring is one thing, and I fully agree with Senator Ward about that, but giving somebody the right to start testing the evidence on a preliminary basis goes one stage further. With regard to striking out the whole proceeding on the basis that there is not a prima faciecase disclosed, the...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: It is, in fairness, helpful when Government Senators put down amendments, especially when the Government has a massive majority in this House, which was recently increased yet again. There is no harm at all in Government Senators with a point of a view on a Bill coming forward with proposals. If an amendment is moved, it is a matter of agreement that they are not put to a vote and if...

Seanad: Criminal Procedure Bill 2021: Committee Stage (26 Apr 2021)

Michael McDowell: I am just making that point. The timing of this legislation was such as to preclude me from putting down amendments because I was getting jabbed and other things last week. I am happy that we are taking it at a pace which will allow us to look carefully at each section, rather than rushing the whole thing through. Senator Ó Donnghaile said that, in Northern Ireland, expanding the...