Results 14,621-14,640 of 18,734 for speaker:Michael McDowell

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed). (22 Jun 2005)

Michael McDowell: To describe the Secretary General of the Department of Justice, Equality and Law Reform as a messenger boy of the Minister is wholly to miss the point. If I wanted to give myself the powers the Labour Party claim I am giving, I would have given them to the Minister full stop.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed). (22 Jun 2005)

Michael McDowell: I would have nakedly done it. However, a Secretary General of a Department, particularly of the Department of Justice, Equality and Law Reform, who is the senior civil servant concerned with the security of the State, is not a messenger boy of the Minister. He is an Accounting Officer and departmental head and is not in a position to be directed by the Minister to exercise a solemn statutory...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed). (22 Jun 2005)

Michael McDowell: Let us be clear about this. No more than I could tell the Secretary General to write a cheque for this or that could I ask or direct him to exercise his functions under this proposed section in a manner which was in bad faith, because he has an independent role as an Accounting Officer under statute. If one takes the view that the Secretary General of the Department of Justice, Equality and...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed). (22 Jun 2005)

Michael McDowell: A Minister in these circumstances, in the last analysis, if asked in the House whether there is a document in the possession of the Garda which states A or B, must be in a position by some mechanism, through a responsible office holder, to ascertain whether that is the truth. It would be a sad day if, as Minister, I were to tell the House I could not say a document of such a kind exists or...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed). (22 Jun 2005)

Michael McDowell: If I had in this amendment vested those powers in a political person such as a Minister, I could well appreciate the Labour Party, with some degree of justification, issuing the press statement it did, and stating: "This man wants to be able to root through every file in the country." However, when the amendment tendered divests the Minister of that power and vests it in the Accounting...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed). (22 Jun 2005)

Michael McDowell: It would be a sad day if that were not the case.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: Section 22 deals with the question of directives and allows the Minister of the day to give directives which must be complied with as long as he or she lays them before this House. If there was any question of the Garda Commissioner seeking to exercise powers under the relevant section in an unacceptable manner, that is easily remediable under section 22. Deputy Costello continues to ask how...

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: Exactly. All those are erected against a trellis of enabling legislation. It is not normal to provide in a constitution of a Garda force all of its constituent elements, its exact management structures, the means of the force's deployment or its organisation on a micro-management level. The same applies to the reserve force. I echo Deputy Finian McGrath's comment that this is an enabling...

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: The words "shift" and "shift work" are not mentioned in the legislation but that does not mean they will be redundant.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: The Deputies should remember this statute will enable action to be taken and it is not a micromanagement picture of where the Garda will be in two, three, five, ten or 15 years.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I have given my reply.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I move amendmentNo. 11: In page 10, line 18, to delete "volunteer" and substitute "reserve".

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I should indicate the commencement section provided in the Bill gives the Minister of the day a good deal of room to manoeuvre with regard to deadlines or changes arising and allows for further time to discuss many of the issues involved.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I move amendmentNo. 7: In page 10, between lines 4 and 5, to insert the following: "'document' means any book, record or other written or printed material in any form, including information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in legible form;". This is a standard form of amendment which simply states...

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I am bound by the rules and orders of the House and the rulings of the Chair.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I am not selecting one section or another for recommittal. I am obediently following the order of the House.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I want to assure Deputies that the proposed changes arise directly from the proceedings on Committee Stage, in which Deputy Jim O'Keeffe strongly supported the idea of a reserve Garda force.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: He persuaded me that the term "volunteer" could be misconstrued and that I should call them "reservists" instead. That was the appropriate thing to do, so the bulk of my amendments currently under discussion is aimed at implementing that particular change that arose from the discussion on Committee Stage. In my defence, I would say — nobody else will — that it is not indicative of...

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I mean amendment No. 65. It cuts back on equality of status because it provides that "subject to subsection (5), a reserve member has, while on duty." those powers.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I do not think so. The reference is that the Garda Commissioner can determine the range of powers to be exercised and the duties to be carried out by reserve members. The entitlement of those members to be considered equal to other members of An Garda Síochána is expressly stated to be subject to that. This provision also came about as a result of discussion on Committee Stage, largely...