Results 17,061-17,080 of 18,734 for speaker:Michael McDowell

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

Michael McDowell: Section 24 as drafted allows the Garda Commissioner to enter into oral and written agreements with other police forces. The effect of this amendment would be to preclude oral agreements, as it would require all agreements to be in writing. As was said on Committee Stage, the subject matter of these agreements between the Garda Síochána and police forces will concern policing and operational...

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

Michael McDowell: These amendments concern Chapter 4, dealing with the establishment of joint policing committees by local authorities. These provisions have generated a great deal of interest in the Seanad, transcending political lines and party positions. We have already made changes to section 30 to bring in representation on these committees at town council level and we have moved away completely from the...

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

Michael McDowell: I thank Senators for their remarks and I pay tribute to them for helping to bring about this improvement to the Bill, as originally drafted. Senator Jim Walsh made a technical point about using the term "local authority" as opposed to that of "local authorities". My plan is that every town and county council will have the right to have a committee. If a town council surrenders that right, its...

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

Michael McDowell: I indicated during the debate that I am attracted to a 30-days period as an outside limit.

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

Michael McDowell: I undertook to consider if quarterly publication of statistical information should be made statutory. The point was made that whereas I was an enthusiast for this approach, a successor might not be so enthusiastic. It can and should be done. The specified period means a period of three months from the day the section comes into operation. To align the section with existing quarterly periods,...

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

Michael McDowell: I mentioned on Committee Stage that I was considering tabling an amendment to section 52(2)(b) to increase the penalty for causing disaffection. The subsection as currently drafted provides for a fine on conviction and indictment not exceeding €25,000 or imprisonment for a term not exceeding two years. If the indictable penalty of two years is left that way, there would be no power of...

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

Michael McDowell: Following discussion with the Parliamentary Counsel and, as indicated during the debate on the provision on Friday last, I am tabling this amendment to provide for a simpler wording following what Senator Leyden had to say about it.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: Nobody will be press-ganged into service against his or her wishes. If Senator Kett's reading was open, I would certainly insert "with that person's consent". I do not in any sense want to shove a person into something that he or she does not want to be in. There are well-established procedures in that regard. The provision under section 64(2) underscores the point. Any voluntary staff...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: I am not prepared to accept this amendment because I do not want to make the ombudsman commission unworkable. The policy underpinning this provision is that it should be open to the commission to engage whatever expertise it deems necessary for the effective performance of its functions. Given that the commission, just like the Northern Ireland ombudsman, has the power, if it so chooses, to...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: I have had discussions with the Garda Representative Association on this issue. I assure Senators Cummins and Leyden that this issue was the subject of extremely frank and robust exchanges between us. We understand our positions very clearly.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: Without re-opening old wars regarding the Freedom of Information Act, the former Information Commissioner chose to use a report as a mechanism to get across some views to the Oireachtas in ways which stretched things to the very limit of the actual phraseology of the statute. I will not put it any further than that. This is a standard provision which is to be found in legislation covering the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: The alternative is to ask the commission to get involved in second guessing the outcome of court and tribunal proceedings. I do not think that is desirable either. We have to have some degree of certainty in regard to these matters. I would prefer not to do that. The purpose of section 71 is similar to that of section 70. My comments in regard to the focus of such discussions at Oireachtas...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: I have considered carefully whether there should be one, two or three members of the commission. It is desirable that there should be more than one. This will not be a disadvantage to the commission or reduce its status and effectiveness. Providing for three members increases the chance that an internal debate will take place before any decision is made, which is in itself a good thing. The...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: We are sometimes inclined to think that because the Patten commission suggested a course of action in Northern Ireland, we should adopt it in the Republic. We should consider similar jurisdictions to ours. The police complaints commission for England and Wales and the public complaints commission for the Royal Canadian Mounted Police each have more than one member. If one looks around the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: It is in vogue to advertise all important jobs and see if applicants put forward their names. In this era of transparency that is frequently cited as desirable but I have noted that it has a counter effect which is not often recognised or spoken about, namely, that some people would be willing, if asked by the Government to become one of the members of this commission, to consider it if they...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: I will not comment on that last point but I am grateful to Senator Leyden for reminding us about it. I was reading a 1923 edition of An Cosantóir, the Defences Forces journal, of which I came into possession. It was a very interesting volume which came out every week in those days. There is an election news section and it recorded the fact that the Commander in Chief of the forces had just...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: No.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: The policy underlying this provision is that all decisions relating to procedures following investigation by the ombudsman commission into complaints made against members of the Garda Síochána which appear to involve offences will be a matter for the Director of Public Prosecutions. Section 60(2)(d) requires the commission "in appropriate cases, to report the results of its investigations...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: The purpose of the institution is to deal with members of the public who make complaints against members of the Garda Síochána. It does not exist to resolve disputes within the force. The Garda Síochána is a disciplined force. If people can issue complaints and have them investigated by the ombudsman commission, the entire process would be completely fouled up with reports. Every dispute,...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Michael McDowell: The facts relating to that situation could well come to the attention of the ombudsman commission in a different manner. The absence of a complaints mechanism did not lead to the events in Donegal. A complaints mechanism exists at this time with regard to Donegal. What is being asked for here is totally different, namely, that gardaí should be allowed make complaints against each other. I am...