Results 17,101-17,120 of 18,734 for speaker:Michael McDowell

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

Michael McDowell: We are discussing the amendment rather than the section generally. However, I suppose we can talk about both at the same time. The amendment runs contrary to the terms of section 17, which we have already discussed, and for the reasons I expressed in regard to that I will not change my view at this point. On this issue, I would ask Senators, some of whom have been nominated by a federation...

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

Michael McDowell: To be honest, it is much of a muchness to me. I do not wish to get involved in the politics of competitive penalisation for offences. Let us remember that in the case of a summary offence, it has to be a minor offence under the Constitution. The seriousness of the offence has to be taken into account. I will think about this between now and Report Stage. I will consult the Parliamentary...

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

Michael McDowell: I will consider the matter between now and Report Stage. I note that this is a summary offence, which is largely due to the fact that it is a re-enactment of an existing provision. To have in one's possession or to wear a Garda uniform is a serious matter. However, if it is not an impersonation offence, which is dealt with under the previous section, I do not want to go wild on penalisation....

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

Michael McDowell: This amendment is a drafting change preferred by the Parliamentary Counsel. It deletes the words "the duties of that person's office, employment contract or other arrangement" and inserts the words "duties under the contract or other arrangement". It aligns the text with similar phraseology earlier in the subsection.

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

Michael McDowell: This amendment is a drafting change which provides that the disclosure of information shall not have a harmful effect unless it comes within the parameters set out in section 55(2). I would prefer to state it in this way because, in its original form, the section states that it has a harmful effect if it does any of these things. It is better to state that it does not have a harmful effect...

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

Michael McDowell: A number of amendments to section 55(2)(h) have been proposed. Amendment No. 75 takes account of amendments Nos. 76 and 77, tabled by Labour Party Senators and, as discussed with the Parliamentary Counsel, may meet their concerns. I refer to the reference to personal information relating to a deceased person and the need to insert the word "otherwise" in the paragraph. At this stage, it might...

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

Michael McDowell: Section 55(2) provides that the disclosure of information referred to in subsectioin (1) has a harmful effect in a number of circumstances, including those set out in paragraph (k), which states: [if it] affects adversely the relations of the Government with any political party, group or institutions in Northern Ireland or the Government's ability to promote agreement, advance the peace...

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

Michael McDowell: Sometimes people can comprehend a lot of things from the phrase "the peace process". I remember on one occasion joining a peace march in O'Connell Street after some terrible atrocity and from out of a side street came a group of Sinn Féin people with a placard that referred to a poor man called Mr. Ed O'Brien, who had been blown up while on active service for the IRA in Britain. They had...

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

Michael McDowell: What amendment No. 82 seeks to achieve is amply covered by the terms of subsection (1), which states: A person who is or was a member of the Garda Síochána or of its civilian staff or who is or was engaged under contract or other arrangement to work with or for the Garda Síochána shall not disclose, in or outside the State, any information obtained in the course of carrying out the duties...

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

Michael McDowell: I find myself persuaded by amendment No. 51. It would be useful for these committees to have a function as organising committees. As the Senators who proposed this amendment have said, if a local political party convenes a meeting on a particular issue, one tends to wonder whether one should attend or not. Should I participate in this meeting or because I am not in that party hope that the...

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

Michael McDowell: To put the matter in context, where a statute creates a duty one must look at its terms to decide whether failure to comply with the duty becomes actionable at the instance of a person who is aggrieved or suffers as a result. This is a conundrum about which law students learn at great length regarding tort. While there is a tort of breach of statutory duty, it only exists where the courts...

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

Michael McDowell: One might ask what practical effect such a provision will have. It means whichever function is being performed by the local authority, whether by management or elected members, must be done in a manner which has regard to the reduction of criminality. If planning permission is refused because a local authority believes it would increase criminality in the area, that becomes a criterion to be...

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

Michael McDowell: This amendment was proposed by the Labour Party. I commend Senator Ryan on his detailed knowledge of the Bill.The amendment is an improvement and I accept it.

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

Michael McDowell: It is a great protection for a Garda Commissioner when he goes before an Oireachtas committee, perhaps the Committee of Public Accounts. When confronted with a question as to whether the policy of his Minister is right or wrong, he is in a position to say he is not entitled to respond and should not be asked to do so. That is a fair protection. The Garda Commissioner is bound to be truthful....

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

Michael McDowell: Yes, but it would damage our relationship if I was to read criticism levelled at me by the Garda Commissioner in the newspapers. I would not dream of criticising him in public, unless we were in an extreme situation, neither would he dream of doing the same. However, if he genuinely disagreed with a policy enclosed in the strategy statement for the Garda Síochána at my behest, it would be...

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

Michael McDowell: I do not support the amendment. Currently, it is possible for a committee of the Houses of the Oireachtas to summon the Garda Commissioner to attend before it provided it is using its powers of compellability. The amendment seeks to provide that the Commissioner will be at the beck and call of any committee which resolves any afternoon to require him to attend.

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

Michael McDowell: The Commissioner is not immune to the compellability provisions provided they are duly complied with and the summons is relevant to him or his legal functions. It is a different matter to provide that he be required by a committee of either House to attend and give evidence on matters which it deems appropriate. The inclusion of such a provision would result in substantial interference with...

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

Michael McDowell: That makes the Senator's amendment redundant.

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

Michael McDowell: Section 36, subsections (2) and (3) state: (2) The audit committee is to consist of the following persons, all of whom are to be appointed by the Garda Commissioner: (a) a Deputy Garda Commissioner; (b) one person nominated by the Minister; (c) not fewer than 3 other persons who have relevant skills and experience and none of whom is, or has ever been, a member of the Garda Síochána. (3)...

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

Michael McDowell: I certainly know where the Senator is coming from and which lobby he would have to go through. Senators Leyden and Cummins are auditioning for the HMV label in this respect.