Results 12,641-12,660 of 18,761 for speaker:Michael McDowell

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: When I came into this House I thought this was a serious proposal. I now learn the proposers themselves do not even understand what they are proposing, which is a sad fact. Are we to have different duties of care for a doctor who runs down the street to help and a medical assistant in an ambulance?

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: That is an interesting point of view because it means one can sue the person in the ambulance but not the doctor summoned to an emergency in a street. One's own general practitioner can be sued after being called out. If I call a GP to my house for an injured family member, he will not be able to avail of this because he would expect a payment, but if somebody calls to a local GP surgery,...

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: This must be thought through because if two doctors arrive on a scene, one called out from the nearest surgery, the other called out because the patient is on his list, and both provide exactly the same service but are treated differently by the courts, the medical profession will be torn to tatters.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: If a paramedic in an ambulance renders a service to someone, he or she would be treated more harshly under the law than an accident and emergency doctor who sees someone fall over in the street. Is this the law we want? Deputy McManus, above all people in this House, should think about this. She is health spokesman for her party and knows well what a GP practice is like. Does she want a...

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: Do we want doctors to be worse off treating their own patients than if they were treating strangers?

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: The fact they are rewarded for seeing their own patients changes the way in which they must approach the patients. They owe those patients a higher duty of care.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: I do not agree with this Bill because it has not been thought through.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: There is a case to be made for a defibrillator system across Ireland and regulating the circumstances under which people would be liable for the use of such equipment. That is a good point but it is not what the Bill is about. The Bill is a wide brush that states the standard of care due from a doctor to a patient varies by reference to whether the patient is on the doctor's list. That is a...

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: Then we have another concept. A doctor who knows a great deal at a scene is effectively exempt unless he or she engages in gross negligence and a paramedic who is paid to be there can be sued because the paramedic, who is less expert, is there for reward because he is being paid. Do we want to go down that road? It would not improve our law. When the court and civil liability Bill was being...

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: I know, that is my point. The Bill as presented and the intentions behind it were entirely laudable, but when we look at the contents of the Bill, they make it possible for the first time to sue someone for failing to act. Is that a good idea? I agree with Deputy Timmins and the other speakers that we do not want a society in which people hesitate to become involved because they worry they...

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: When researching for this debate, however, the Department made some inquiries of the State Claims Agency, which is unaware of any case that has ever been brought in the circumstances described by Deputy Timmins.

Seanad: Transfer of Execution of Sentences Bill 2003 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Dec 2005)

Michael McDowell: This Bill was initiated in the Seanad in December 2003 and completed all Stages in June 2004. Report and Final Stages in the Dáil were completed on 30 November 2005. Two amendments were made by the Dáil in its course of considering the Bill. Amendment No. 1 resulted in a new section 2 being added to the Bill. This was a Labour Party amendment which I accepted on Report Stage in the Dáil....

Seanad: Transfer of Execution of Sentences Bill 2003 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Dec 2005)

Michael McDowell: Amendment No. 2 relates to section 8(4) as passed by the Seanad. Section 8 deals with situations where the sentencing state requests the Irish authority to arrange for the provisional arrest of a sentenced person, pending submission by it of a formal request. Such a possibility also exists under our extradition law. Section 8 provides that the High Court can grant an application for...

Seanad: Transfer of Execution of Sentences Bill 2003 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Dec 2005)

Michael McDowell: I thank Senators for their kind remarks and for all the work undertaken in considering this Bill at great length before it went to Dáil Éireann. The House will note from the few amendments that were made in the Dáil that the general view in the Lower House was that all the valuable work had been done in this Chamber. Therefore, I wish to thank Senators for having done that work with me....

Seanad: Transfer of Execution of Sentences Bill 2003 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Dec 2005)

Michael McDowell: I have received categorical, unambiguous and absolute assurances from the diplomatic representative of the United States in Ireland that at no time — in the past, present or future — will the United States ever seek to bring a person in custody through Ireland, using any Irish airport, in contravention of our law. These are categorical and unambiguous assurances which I have received and...

Written Answers — Children's Rights: Children's Rights (1 Dec 2005)

Michael McDowell: The Deputy will be aware that at present there is no specific legislation governing family reunification for migrants who are not refugees. There are a set of administrative procedures in place for non-refugees, which are reviewed on an ongoing basis by my Department. The report to the UN committee on the rights of the child states that the overall objective of these procedures is to...

Written Answers — Asylum Applications: Asylum Applications (1 Dec 2005)

Michael McDowell: I refer the Deputy to the answer I gave to Question No. 146 on 20 October 2005. It is a fundamental requirement under the IBC/05 processing arrangements that each applicant submits a valid passport or national identity card as proof of identity. The passport submitted by the applicant in this case was referred to the Garda technical bureau for verification as to its authenticity. The advice...

Written Answers — Registration of Title: Registration of Title (1 Dec 2005)

Michael McDowell: I inform the Deputy that I have requested the Land Registry to contact him directly concerning the current position of the application in question.

Written Answers — Garda Stations: Garda Stations (1 Dec 2005)

Michael McDowell: There is a project under way to address the accommodation requirements of the gardaí in Dunmanway by way of refurbishment and extension of the existing Garda station. Plans in that regard are being urgently advanced by the Office of Public Works which is actively engaged in negotiations relating to the acquisition of a strip of ground to the rear of the station. As soon as this process is...

Written Answers — Asylum Applications: Asylum Applications (1 Dec 2005)

Michael McDowell: The person concerned arrived in the State on 10 July 2000 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal. He was informed by letter dated 1 May 2002 that the Minister proposed to make a deportation order in respect of him and afforded...