Results 14,461-14,480 of 18,734 for speaker:Michael McDowell

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: The Deputy has not provided a reason for making the amendments. I am in a bit of a quandary but I do not believe the amendments are necessary and I am not disposed to accept them.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: I do not know whether Deputy Costello can remember in the recesses of his mind there being large notices outside Garda stations concerning the Noxious Weeds Act and like matters. The local sergeant was supposed to inspect fields for nettles, thistles and the like.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: Correct. He was supposed to chase around his patch making sure these noxious weeds were not present. That is a statutory function the police had under that legislation. The mere fact that one may find chasing ragwort around fields difficult to reconcile with section 7(1) does not mean gardaí no longer have that function. That is what this section does. We do not want a situation where a...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: This arose on Committee Stage and my officials sent the transcript of the exchanges we had to the DPP. I undertook to consult with the DPP on similar provisions, which Senator Tuffy raised in the Seanad. The DPP agrees with my view that amendment No. 33 is not required. Concerning amendment No. 34 the DPP believed the proposed amendment would cause difficulties in the prosecution of cases. I...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: The implication would be that without the Deputy's amendment the DPP was not empowered. The DPP would not accept that proposition.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: We live in a State with a constitution. All organs of the State are bound to uphold the Constitution and its values, and to act in a manner both consonant with it and demonstrably constitutional in every respect. That is not written into every statute but it is a fundamental rule of our law that every body created by law, and every organ under the Constitution, is bound by a fundamental duty...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: I am tired of being told that everything we do must reflect everything that happens in Northern Ireland and that we should not diverge, in any way, from that model. It is a case of "Four legs good, two legs bad". If it is north of the Border, it must be perfect, and everything that we do down here is second-rate in comparison. In section 18 of the Police (Northern Ireland) Act 1998, the...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: To the grounds that they had in Northern Ireland were added the road traffic and State security issues here, since the Garda Síochána is not only a police force but also a security force. If the Member wishes to know, that is where it came from. Since, by definition, in the language of most Deputies in this House, everything done up there is absolutely apple-pie perfect——

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: ——this provision comes from there.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: I wondered whether I might elicit that from the Deputy.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: That is where it comes from. Into that section we inserted the provision "In performing its functions, the Garda Síochána shall have regard to the importance of upholding human rights." If subsection (4) had been transposed and made subsection (1), and the first thing stated regarding the functions of the Garda Síochána had been that "In performing its functions, the Garda Síochána...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: I hope that we are not changing it. It provides that a member of the Garda Síochána must make a declaration on the following lines: I hereby solemnly and sincerely declare before God that— I will faithfully discharge the duties of a member of the Garda Síochána with fairness, integrity, regard for human rights, diligence and impartiality, upholding the Constitution and the laws and...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: However, everyone must remember that no right, as the late John Maurice Kelly used to say in his jurisprudence lectures in University College Dublin, has reality unless a corresponding duty is owed. We live in a world where many people speak about their rights, but it is very unfashionable to talk about corresponding duties.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: If we have a right to live at peace within our community, we have a corresponding duty to ensure that all our actions are compatible. As parents, we must bring up our children to respect those things. In the way that we behave towards others, we owe duties as well as simply claiming rights. Too much of today's political debate consists of people attempting to categorise their demands and...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: People say that what they want is their right and that others owe them the vindication of those rights. If I am to accept Deputy Jim O'Keeffe's amendment, I propose to replace the word "respecting" with "vindicating".

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: I am satisfied to do that. However, this would leave me with a slight conundrum regarding what should happen to subsection (4).

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: If the House is willing to accept a modification to Deputy O'Keeffe's amendment No. 22 to read "vindicating the human rights of each individual" and a corresponding deletion of subsection (4), I can live with that. To retain both would seem like poor draftsmanship, involving a repetition of what is said in the top paragraph at the bottom paragraph. If there is a consensus in regard to...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: The use of the word "citizen" would exclude persons such as asylum seekers.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: I will have that amendment written for Deputy O'Keeffe in a moment. In the meantime, if the Chair permits, we can proceed to discuss the subsequent amendments.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Michael McDowell: It is a pity the Deputy did not.