Results 16,381-16,400 of 18,734 for speaker:Michael McDowell

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: I can give the Deputy that assurance. This would not operate to make someone liable to be prosecuted in breach of the terms of the convention, in other words, on a charge and a law which was trumped up afterwards to cover something that was in breach of that. There are many different complications to that principle. If, for instance, a state decides to extend its jurisdiction to deal with...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: This inserts a new paragraph after paragraph (a) in section 3 of the Bill. Its purpose is to amend section 14(7) of the European Arrest Warrant Act. Section 14 of that Act deals with arrest without warrant on the grounds of urgency. This is a technical amendment following an amendment to section 12 of the European Arrest Warrant Act, which was inserted in the Dáil and which clarified the...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: No, the point to which the Deputy is referring is a debate we had on the last occasion this legislation went through this House regarding whether somebody should be capable of being sent to another state effectively on bail.

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: It related to whether the person did not have to be held in custody for the purpose of being sent to another state. The principle of the European arrest warrant is that one is deprived of one's liberty for the purpose of putting oneself somewhere else. I have no doubt that someone who is faced with a European arrest warrant could possibly informally contact the police on the other side and...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: This amendment amends section 68 of the terrorist offences Bill and its purpose is to amend section 21A — which was inserted in the Dáil — of the European Arrest Warrant Act 2003. This is an amendment to an amendment this House made. Section 21A deals with the question of ensuring that persons are not surrendered for the purpose of investigation and it provides that the High Court shall...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: In an ideal world we would love if every country had a European arrest warrant which dealt with the Irish declaration that was made at the time the framework decision was adoption unanimously by the European Council, but Ireland was on its own in regard to this matter. We were the only country which made a declaration at the time we were taking this provision as not applying to extradition...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: I was the Attorney General at the time.

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: I share Deputy Jim O'Keeffe's view that Deputy Costello's points are valid on this matter. I was, therefore, relieved to know the point has been covered by the provisions of the 1993 Act which we are amending. We are inserting a new subsection (1) and (1)(a) into section 8 of the 1993 Act. The remainder of that section goes on to deal with various matters. It reads: (2) A person designated...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed). (23 Feb 2005)

Michael McDowell: The Taoiseach is not required to relate that he has excluded material. He must consult the designated judge on the issue that the publication of any matter would be prejudicial to the security of the State, the prevention of crime or whatever. He can then exclude that matter from the copies of the report submitted to the Oireachtas. I suppose the reason I and the Deputy are unaware of this is...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: I wish to give some background to this set of amendments, as they were not present when the Bill was passed by this House. The data retention amendments, which are set out in amendments Nos. 3 to 9, inclusive, and their timing represent a response to a confluence of circumstances. In January of this year, the Data Protection Commissioner, a statutory officer who is independent of the Minister...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: Before dealing with this amendment, I will provide some background. As Deputies are aware, I obtained the approval of the Government last December for the establishment of an additional Special Criminal Court consisting of seven members. My objectives in this regard were twofold. First, dissident republican groups continue to pose a serious threat to the State. In this regard, I am determined...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: I welcome Deputy Jim O'Keeffe's support. Like him, I know that all lawyers share the view that the sooner we return to jury trial in all our cases, the better. It is an important constitutional right but one which the framers of the 1937 Constitution felt could be compromised if, due to the activities of others, the ordinary courts became inadequate for the proper discharge of criminal...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: Organised crime type offences do not form part of the backlog. The Hederman committee reviewed the Special Criminal Court and came to the conclusion that the existence of the court was justified by subversive activity alone, that is, it was justified regardless of whether there was or was not some organised crime case which might or might not be sent to the Special Criminal Court. Deputy...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: This amendment is effectively to allow for the transference by a court on its own motion or on the application of a triable person or the Director of Public Prosecutions to another Special Criminal Court where only if the first court decides it would be in the interests of justice to do so. In other words, it will be open to any interested party, be it the defence, the prosecution or the...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: I do not want any case to move like a ping-pong ball between two courts with both refusing it, which would fly in the face of everybody's concept of justice. For instance, at the moment cases are transferred between geographical locations under criminal justice law. It is not necessary to apply in Dublin to receive a case if it is to be moved from Donegal. It is generally presumed that the...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: The Deputy will remember that as a matter of ordinary criminal justice procedure, at the moment provision is made for the transfer of cases from one court to another on a geographical basis in Ireland. Exactly the same provision applies in respect of that. They are considered to be final and unappealable orders. We do not want cases going into limbo or hyperspace between two courts. However,...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: As I said, that is the case for geographical transfers. If it were a case of "out of the frying pan into the fire" with, for example, a case going from a court with no delay to one with a substantial delay, the first court should make the inquiry as to whether it is in the interests of justice and whether an early trial is likely to occur if the decision is made. The court would ask the...

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad. (23 Feb 2005)

Michael McDowell: Subsection 3 of the amendment states: In deciding whether it is in the interests of justice to transfer a trial, the Special Criminal Court may consider any factors it thinks relevant, including— (a) whether the transfer would be in the interests of the expeditious administration of justice, and (b) whether the transfer would prejudice the triable person or persons or the prosecution. All...

Written Answers — Garda Investigations: Garda Investigations (22 Feb 2005)

Michael McDowell: I am informed by the Garda authorities that the person in question was arrested and detained in respect of an offence unconnected with the Dublin Port robberies and was subsequently released without charge.

Written Answers — Garda Complaints Procedures: Garda Complaints Procedures (22 Feb 2005)

Michael McDowell: I have been informed by the Garda authorities that an investigation file in this case has been forwarded to the Director of Public Prosecutions. As the Deputy will appreciate, I have no official responsibility to the Dáil in this matter which is one for the Director of Public Prosecutions who is independent in his function.