Results 16,821-16,840 of 18,734 for speaker:Michael McDowell

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: We have already debated the principle involved in this amendment.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: This amendment relates to the obligation to retain data and requests by the Garda Síochána to have access to such data. It provides that the Garda Commissioner may request a service provider to retain data for the purposes of the prevention, detection, investigation or prosecution of crime, including but not limited to terrorist offences, or the safeguarding of the security of the State.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: This amendment provides for a prohibition on access to data, except in accordance with those provisions set out in subparagraphs (a) to (e) of subsection (1). It means that telecommunications companies may not allow access to data or access data, except at the request of the person to whom the data relates, or for the purpose of complying with a disclosure request under subsection (2) or (3)...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: Amendment No. 11 inserts a safeguarding section providing for a referee and judicial oversight function.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: This amendment provides that the President of the Circuit Court may invite a judge of the High Court to undertake the functions to which I referred.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: This amendment gives the judge, among other things, an obligation to keep the operation of the provisions of this Part under review to ascertain whether the Garda Síochána and the Army are complying with its provisions and to include in a report to the Taoiseach, under section 8(2) of the 1993 Act, such matters relating to this Part that the judge considers appropriate.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: This is a technical amendment which provides for inclusion of a reference to section 14(7).

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: The purpose of this amendment is to introduce, with regard to European arrest warrants, a presumption that an issuing state will comply with the requirements set out in the framework decision unless the contrary is shown. In other words, it will be presumed that member states of the European Union will comply with the requirements of the framework decision unless somebody shows the contrary.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: No, it is a different issue. We have moved on to European arrest warrants. At present, if a person is contesting a European arrest warrant, the question which arises is how does one know that France, for example, will comply with its obligations under the law. This new section will provide for the assumption that the issuing state will comply with its obligations unless it is shown otherwise....

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: This amendment provides that offences under European arrest warrants are assumed to correspond to an offence under the law of the state where the act or omission which constitutes the offence would, if committed in the state on the date on which the European arrest warrant is issued, constitute an offence under the law of the state.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: The amendment amends section 63 by the insertion of a new paragraph (b) after paragraph (a). Its purpose is to substitute a new subsection in section 14 of the Act of 2003. It is a technical amendment which follows from an amendment to section 12 of the European Arrest Warrant Act, which was inserted in the Dáil and clarified the status of warrants received by fax. The amendment to section...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: The revised section 21 provided for by the amendment allows the arrested person to raise a question about the intention of the issuing state and, in this case, to raise a question about the issuing state's intention to proceed with a prosecution. However, amendment No. 18 adds a presumption that there has been compliance by the issuing state with the terms of the framework decision unless the...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: There must be an intention to prosecute rather than a general desire to engage in a fishing expedition. Having included these protections, we wanted to make clear that it is not sufficient for a person to ask questions in court and list a series of matters which must be proved. The warrant system would collapse if one had to effectively move the judicial officers to Ireland with a view to...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: The Senator's amendment proposes that a sunset clause be inserted into the Bill. This suggestion was debated in the other House at some length and was also mentioned on Second Stage in this House. While I have reflected on the issue, I have not changed my mind on it. Senator Cummins is aware that Deputy Ó Snodaigh of Sinn Féin tabled an amendment on Report Stage in the other House, the...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: I will outline the Government's position on the Hederman committee report. The provision in the Constitution for special criminal courts is not an emergency provision. It comes into play when the ordinary courts are inadequate for the administration of justice. While it is part of the Constitution, it is not an emergency extra-constitutional arrangement. We have an obligation to ensure that...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: I understand the purpose of the amendments is to insert references to the published opinions of the European Parliament. For ease of reference, we have gone to the trouble of scheduling the full text of the framework decisions in both the Irish and English languages in Schedule 1 to the Bill. On amendment No. 3, the reference to the framework decision which is made in the Bill is included in...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Michael McDowell: I am grateful to the Senator for raising this issue. Since publication of the Bill several concerns have been expressed about the possibility that a person engaged in activity against an oppressive or tyrannical regime might be prosecuted and convicted under the provisions of the Bill. As I said on Committee Stage in the other House, however, there is no solution to the issue which these...

Community Development. (2 Feb 2005)

Michael McDowell: I thank the Deputy for raising the matter and giving me the opportunity to update the House on the important issue of child care and the project referred to in Limerick. I am glad the Deputy echoed the strong representations made by the Minister of State at the Department of Health and Children, Deputy Tim O'Malley, regarding this matter, as she generously acknowledged. Child care is an...

Written Answers — Residency Permits: Residency Permits (2 Feb 2005)

Michael McDowell: The person in question made an application for permission to remain in the State to operate a business on 16 November 2004. A request for further information was issued on the same day. To date no reply has been received to that request for further information, and it is only on receipt of the information requested that consideration can be made on the application.

Written Answers — Victims' Commission: Victims' Commission (2 Feb 2005)

Michael McDowell: The issue of a charter of the kind referred to is under consideration in my Department.