Results 141-160 of 1,683 for speaker:Derek McDowell

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: I appreciate that. It would be strange to decide that a person who is at liberty and not in prison is under house arrest and cannot leave his or her home. Would such a person be allowed to go to a religious service or to a doctor? If the person is living alone, will he or she be allowed to leave the house to get some food? Will such people have to rely on others to come to their homes in such...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Senator Cummins is proposing that subsection (6) makes no provision as to the maximum period for which an order may last. Subsection (3)(a) states that a restriction on movement order may last for a period of not more than six months and allows for orders over shorter periods. The six-month limit applies even when there are multiple orders. The sums of the period may not exceed six months....

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Senator Cummins is proposing to insert a new subsection (12). Is it necessary to do so? Subsection (11) states: Before making a restriction on movement order, the court shall explain to the offender in ordinary language— (a) the effect of the order, including any requirement which is to be included in the order under section 102, (b) the consequences which may follow any failure by the...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Subsection (11) explains it in ordinary English. Is there any point in introducing a separate provision requiring the court to ask the individual concerned if he or she understands the order in ordinary English?

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: It could be in ordinary Irish too.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Regarding the written application, if an individual were illiterate, the District Court clerk would help him or her to draft the application. The purpose of it is to ensure that the person at the receiving end of the order — the person who will want to object to the variation — will know why he or she is being brought to court. We cannot have a situation where gardaí standing in court...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: No, but it depends on whether there are by-laws in operation on the street in question.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: They are in breach of Dublin City Council by-laws——

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: ——as was a prominent Member of the other House in regard to his drinking of Carlsberg at the Gay Pride demonstration.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: No.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Yes.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: An innocent dupe of people who are wrong-headed.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Many people in rural Ireland have 15 year old sons with whom they want to go shooting pigeon, etc., on their lands. They know the best way to get their sons to have a safe and educated attitude to the use of firearms is to bring them out, show them how it is done, teach them about breaking the weapon and inform them about safety procedures at an age when they are teachable. It is more...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: That is right.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: These amendments relate to section 30, which inserts a new section 3 into the Firearms Act 1925. Amendment No. 17 proposes the insertion of the words, "where the permission of that person has not been obtained", in section 30(6)(b) where a limited certificate for a shotgun is being sought. I refer the Senator to section 30(11)(a) of the new section which provides that, "a limited certificate...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Civil liability is a separate issue. If I owned land and I gave Senator Jim Walsh the right to shoot pigeons on it, if he were to trip and shoot himself, fall into a ditch, a slurry pit, combine harvester or whatever——

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: ——that relates to civil liability. I do not see that the amendment to the law proposed by Senator Cummins is necessary because if one uses a weapon otherwise than in accordance with the firearms certificate which authorises one to use it, such as by trespassing on someone's land to shoot there, one is already committing an offence. I do not believe we need to have a separate offence of...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: This is the provision to which I referred on which I got such a hammering in regard to transparency in the other House. The purpose of the new section is to enable the Commissioner to issue guidelines for, among other things, the information of the public, on the practical application of firearms and the manner in which the law is administered by the Garda Síochána. Guidelines for the...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: I hope I get a better hearing here. However, this section will also enable the Minister to issue guidelines to members of the force on specific operational issues which may relate solely to the administration of firearms law which would only be pertinent to members of the force engaged in the administration of the firearms law or which, in the view of the Commissioner, might on security...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: I am not hostile to this amendment and it is not a question of being right or wrong on this issue. Section 30 and section 4 of the principal Act should be examined together. Section 4(1) provides that an "issuing person shall not grant a firearms certificate unless he or she is satisfied that the applicant complies with the conditions referred to in subsection (2) and will continue to comply...