Results 17,041-17,060 of 18,734 for speaker:Michael McDowell

Written Answers — Criminal Proceedings: Criminal Proceedings (26 Jan 2005)

Michael McDowell: The Deputy will recall that it was not possible to compile the information requested by him in his Parliamentary Question No. 287 of Tuesday, 7 December 2004 in the time frame available, and I undertook to contact him again when the information was to hand. I understand that it was necessary for the Garda authorities to contact each Garda district in order to obtain the information requested....

Written Answers — Ministerial Appointments: Ministerial Appointments (26 Jan 2005)

Michael McDowell: The Information requested by the Deputy is set out as follows:

Written Answers — Asylum Applications: Asylum Applications (26 Jan 2005)

Michael McDowell: This Nigerian couple arrived separately in the State on 23 April 2002 and 09 October 2002 whereupon they applied for asylum. They withdrew from the asylum process and sought residency on the basis of their parentage of a child born in Ireland in 2002. Subsequently, in accordance with the Immigration Act 1999, as amended, they were informed by letter dated 3 September 2004 that it was proposed...

Written Answers — Asylum Applications: Asylum Applications (26 Jan 2005)

Michael McDowell: The persons concerned already have status in the State on the basis of their parentage of an Irish born child. There is no requirement for them to apply again under the revised arrangements, announced publically on 15 January 2005, for the consideration of applications for permission to remain in the State made by the non-national parents of Irish born children born before 1 January 2005.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Second Stage. (26 Jan 2005)

Michael McDowell: There is a worldwide recognition that the response to the challenge of international terrorism requires concerted action and co-operation by the international community in addition to action on the part of individual states. International terrorism strikes at universal values such as the sanctity of human life, tolerance of differing views, the freedom to advocate those views and a commitment...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: This was discussed and opposed on Committee Stage. I have not changed my mind on it. The Minister of State tendered the reasons at that time. There is no similar provision in the Northern Ireland Act of 1998 in regard to the Northern Ireland Police Ombudsman and I am told one is not planned. I do not believe it is strictly necessary to make provision of the kind in question. Section 55 states...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: I concede that the Northern Ireland Police Ombudsman, Mrs. O'Loan, would want to have a right to receive information and for there to be no legal obstacle to this being provided. In this case we are dealing with sections 53 and 73 which deal with harmful information. It is expressly provided in both cases that if the Commissioner authorises a member of the Garda Síochána, no offence is...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: As indicated on Committee Stage, I am not opposed to the principle behind the amendment. However, there is no need to amend the Bill to achieve that objective. All of the safeguards applicable to members of the public in criminal investigations being carried out by members of the Garda Síochána will apply to members of the force in similar type investigations to be carried out by designated...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: Section 91 is one of the most important provisions relating to the ombudsman. It concerns the power of the designated investigating staff of the ombudsman commission to carry out searches of Garda stations. Considerable care and attention has been devoted to the provision. Due to the necessity for the ombudsman staff to carry out thorough and searching investigations, it must be balanced with...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: I accept that someone, in bad faith, could raise an objection to introduce me as arbiter and to avail of that time to conceal or destroy information. That possibility has to be balanced against the other possibility that if immediate access is granted as of right to avoid that risk, the State's secrets will be available, in effect, to all inspectors operating under the mandate of the...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: If one takes all those things into account, the legislation is probably as strong as we can make it.

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: I mentioned on Committee Stage that I was sympathetic to amendment No. 124, which had been tabled by the Labour Party. The amendment was similar to the amendment I have just moved, which has been agreed by the Office of the Chief Parliamentary Counsel. The net effect of amendment No. 31 will be the same as the net effect of the original Labour Party amendment would have been if it had been...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: This is a drafting amendment to change the reference to "section 109(4)" in that section to "section 109(5)".

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: This is a drafting amendment to change the reference to "section 109(3)" in section 112(1) to "section 109(4)".

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: This is a drafting amendment to change the reference to "section 114(5)(b)(iii) or (iv)" in section 116(5) to "section 114(4)(b)(iii) or (iv)".

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: It is fairly obvious.

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: I am very grateful to the Members for their kind remarks and I am sure my officials share my sense of gratitude. This process started shortly after my appointment as Minister and has obviously not yet concluded. The scope of this legislation only became apparent to us months into the process. Two teams were working on different aspects of it and these were eventually united under one set of...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: I have considered the issue, about which we had a lengthy debate on Committee Stage. It may surprise Senator Tuffy to discover that I have become increasingly convinced by my argument in this matter.

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: We had a useful discussion on this subject on Committee Stage. I promised to accept the amendment if I felt it was correct. Following that undertaking, given on 7 December, I discussed the issue with the DPP, who saw some merit in the proposal. It is the intention in drafting the guidelines, in any event, to preserve the individual right of a garda in the matter of taking a prosecution in a...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Michael McDowell: We considered the matter and decided not to accept the amendment. We do not know whether it strengthens the declaration, or oath, or weakens it. It may anyway be implied that a person would undertake to do something to the best of his or her knowledge and power. Having considered it carefully we were unable to determine its exact meaning. On balance we decided it was better not to accept it...