Results 17,081-17,100 of 18,734 for speaker:Michael McDowell

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

Michael McDowell: As the Acting Chairman knows, the Act provides that complaints can be made by a member of the public who is directly affected by or witnesses the conduct. It is not just anybody. One has either to have had direct personal knowledge of the incident, or to have witnessed it, to comply. Section 94(4) provides that the ombudsman commission may, if it appears desirable in the public interest to do...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Report and Final Stages. (10 Dec 2004)

Michael McDowell: I am grateful to Senator Tuffy for clarifying the amendment. The amendment seeks to insert into section 5 of the Criminal Assets Bureau Act 1996, which related to the function of the bureau, a new subsection which would allow the bureau to take all necessary actions to carry out the functions exercisable by the Director of Corporate Enforcement under the Companies Act. The remit of the Office...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Report and Final Stages. (10 Dec 2004)

Michael McDowell: This Bill is complex and technical and will considerably bolster the powers of the Criminal Assets Bureau in the continuing battle to go after the proceeds of all types of crime, including white collar crime and corruption. It represents a significant delivery on the programme for Government's commitments in this regard. The amendment to the Criminal Justice Act 1994 and the Prevention of...

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

Michael McDowell: I do not know what more I can say on the subject. The Bill has been extensively revised and rebalanced in terms of the heads put out for public consultation. As I said yesterday, the Official Secrets Act inhibits public servants from divulging virtually any information and, as far as I am aware, the Department of Justice, Equality and Law Reform is a remarkably leakproof institution. I am...

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

Michael McDowell: I was fascinated by the statement in today's newspapers that "all targets may not be met". That is not the case. Targets will be met. If the question is whether I am certain all legislation will be completed to the nth degree in the remaining two and a half years of this Government's term in office, that is a challenging agenda. I am trying to be honest and suggest that the sooner we get on...

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

Michael McDowell: Amendment No. 84 seeks to tidy up the particular subsection following consultation with the Parliamentary Counsel. The purpose of the amendment is to delete the existing subsection (a) in paragraph (1) and provides that subsection (1) does not prohibit a person from disclosing information referred to in that section if the disclosure is made to the persons or bodies set out in the following...

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

Michael McDowell: The problem is who would judge there are exceptional and overriding public interests in all the circumstances. If the right to invoke that defence is given to individuals, would it be an objective or subjective test? For example, a person may strongly believe that paedophiles should be exposed and may come across a particular case which he or she considered most horrific. The person could...

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

Michael McDowell: I have already spoken on this amendment and commend it to the House.

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

Michael McDowell: This amendment arises from the acceptance of a previous amendment. It is necessary to restate the provisions of the former section (55)(4)(a), deleted by virtue of amendment No. 84. It provides for a case where a statement is made in the course of, and in accordance with, the duties of that person's office or employment or his or her duties under a contract or other arrangement to work with...

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

Michael McDowell: This amendment provides for personal information in the section to have the meaning given to it by section (2)(1) of the Freedom of Information Act 1997 and to include personal information relating to a deceased individual.

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

Michael McDowell: It has always been the intention that this section will come into effect in the ordinary way, as with the rest of the Bill, in accordance with the making of a commencement order by the Minister under the provisions of section (2)(1). Notice of the making of that order will be published in Iris Oifigiúil. It is not usual for a commencement order to be dependent on a prior resolution of both...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Michael McDowell: The answer is that the provisions of this law, obviously, are special to this case. The Official Secrets Act applies to everybody in the Department of Justice, Equality and Law Reform. It is part of An Agreed Programme for Government which has not yet been reached and may not be reached, the way things are going. The ambition of the programme is to replace the Official Secrets Act with an...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Michael McDowell: On the contrary, I always tell people to read these things carefully and not draw rash conclusions from them. I am aware, however, that crime sells newspapers. That is an immutable fact in public life and it has been the case as long as newspapers have been produced. A good crime story is better even than a corruption in politics story. Crime stories sell newspapers. I am not naive enough to...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Michael McDowell: A sensible counsel against quarterly publication of crime figures was that a news story would be reported on a quarterly basis rather than an out of date story 18 months after publication and the media would be given four bites at the cherry every year. That was good advice but, on the other hand, not producing the figures quarterly would break the chain of accountability and distract the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Michael McDowell: I accept that but, even without making a provision in law, it would be difficult to return to the old regime. However, I do not want to create a mess for the CSO, without consultation, if it takes over this function. Significant progress has been made in publishing the figures on a quarterly basis. They are published without spin and, if Members do not believe me, I invite them to ask for the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Michael McDowell: Normally, I receive the first quarter figures in mid to late April and I turn them around within ten or 14 days. In a vain effort to ensure they are reasonably presented to the public, I have come to the view that I should be available to discuss them. On some occasions I am involved in a major issue and I decide to do the press briefings the following week so that I can absorb the figures...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Michael McDowell: I promised the representative associations I would introduce legislation relating to vicarious liability so that members would understand where they stood when they became involved in the criminal process. We have reached a funny point. Legal aid fees are substantial compared to when I began to practise at the Bar in 1974. There was a time when legal aid was regarded as a dirty raincoat end...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Michael McDowell: The amendment defines the term "an t-Ard Chláraitheoir" and gives it statutory meaning.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Michael McDowell: It might be useful to set out briefly the general position with regard to service abroad by members of the Garda Síochána. Where a member of the Garda is stationed overseas in his or her capacity as such a member, for example with Interpol, he or she receives an allowance for such duty and accrues service and pension entitlements as normal. Where a member opts to leave the Garda to serve...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Michael McDowell: This part of the Bill is effectively a repeal and re-enactment of the Garda Síochána (Police Co-Operation) Act 2003. That Act has a part in the Patten report and the outworking of the Good Friday Agreement. Until now, there has been a delay in the practical implementation of the Act, based on the question of the remuneration of members going North or South. With regard to members going...