Results 17,621-17,640 of 18,736 for speaker:Michael McDowell

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: I do not think anybody would buy this document.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: If it is a register, there is an obligation to put into it the name and address of every person who took a personal injuries action. It is an ongoing register similar to the cause book in the local court office.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: It would be possible to enter some time period after the words "shall enter", in subsection (2). I do not want to be overly prescriptive but it is clear it has to be established and maintained and that is a rolling process. I agree with Senator Walsh that one does not want a rolling process that never seems to roll. Perhaps something of that kind could be done. There will be a search facility...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: I am grateful for it.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: This amendment seeks to include the Child Abduction and Enforcement of Custody Orders Act 1991 among the list of relevant enactments in section 31(1) of the Bill. The term "relevant enactment" means those provisions for the hearing of family law matters otherwise than in public. Section 1(2) of the 1991 Act provides that the Courts (Supplemental Provisions) Acts 1961 to 1988 and that Act, in...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: The Senator is entirely correct. The current section 31 is cast more widely than I had intended when I sent the Bill for drafting. Rather than delay the matter at the time, when there was pressure to proceed with the legislation, I intended to revisit it at a later stage because it is somewhat vague and could lead to concern among some people that members of the public would sit in the back...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: I wish to give Senator O'Meara and others a sense of where I am coming from in respect of this matter. Subsection (2) states that nothing contained in a relevant enactment shall operate to prohibit the preparation and publication of a report of proceedings to which the relevant enactment relates. If that meant a law report of proceedings, it would be one thing. However, if it meant a...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: I would refer to such people as "researchers" rather than "students".

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: It is obvious that is it a good idea to allow some type of friend to accompany those involved in family law cases to hearings. People involved in organisations such as those mentioned by Senator Terry may fulfil such a role. One might want one's first cousin to attend as a supporter. We will have to deal with this matter flexibly. As Senator O'Meara said, if we make provisions by category,...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Michael McDowell: I will consider the amendment in the context of what is necessary.

Seanad: Business of Seanad. (3 Jun 2004)

Michael McDowell: I am anxious for the Bill to be enacted soon. If Committee Stage is resumed on another date, I ask the Leader to arrange for it to be taken soon.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Michael McDowell: Amendment No.1 is consequent upon amendment No. 36 and remedies what might be regarded as a deficiency in the Personal Injuries Assessment Board Act as passed by the Oireachtas at the end of last year. Section 54(1)(c) of the Personal Injuries Assessment Board Act provides that one of the principal functions of the Personal Injuries Assessment Board shall be to cause a cost benefit analysis...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Michael McDowell: It may save time if I reply at this point that I accept these are meritorious amendments and I thank the Senator for tabling them. I am in consultation with the Office of the Parliamentary Counsel as to the exact terms to be used to achieve that effect. I intend to incorporate the Senator's amendments in a Report Stage amendment or else to accept her amendments. I just want to make sure that...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Michael McDowell: I am grateful to Senator Terry for tabling an amendment on this matter. I have done a good deal of private soul searching on the issue since the Second Stage debate, which was constructive and fair-minded. As a member of the legal profession I must be careful not to be swayed by arguments which are ad hominem or come from a specific point of view to the exclusion of the public interest....

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Michael McDowell: One might go to the High Court to get around the problems created by the proposal. It is relevant to point out that this Bill was published in discharge of the Government's decision to accept the MIAB report, which set out a substantial menu of proposed reforms. One of the proposed reforms involved the reduction of the limitation period and another related to the introduction of the letter of...

Written Answers — Court Accommodation: Court Accommodation (1 Jun 2004)

Michael McDowell: The Courts Service has developed proposals for a new purpose built criminal courts complex in Dublin. It would involve the transfer of all existing criminal business transacted in the District, Circuit and Central Criminal Courts from the Four Courts and associated buildings to one purpose built facility. It would address the shortcomings that exist such as insufficient courtrooms and...

Written Answers — Presidential Visit: Presidential Visit (1 Jun 2004)

Michael McDowell: I propose to take Questions Nos. 45 and 66 together. I refer the Deputies to my reply to Question No. 38 for today.

Written Answers — Garda Strength: Garda Strength (1 Jun 2004)

Michael McDowell: The Garda authorities are responsible for the detailed allocation of resources, including personnel. They have informed me that the number of recruits who have graduated from the Garda college since 6 June 2002 is 950. As many as 950 people have completedthe student-probationer education-training programme. The figure does not include those who have been attested to the force upon completion...

Written Answers — Garda Investigations: Garda Investigations (1 Jun 2004)

Michael McDowell: I have been informed by the Garda authorities that the report is at an advanced stage and will be finalised shortly. Allegations of serious wrongdoing by members of the Garda Síochána, such as those broadcast on the "Prime Time" programme, are of serious concern to me. Some of the cases featured on 8 January were previously reported and in the public domain. They have either been or may be...

Written Answers — Compensation Payments: Compensation Payments (1 Jun 2004)

Michael McDowell: The information requested by the Deputy is outlined in the following tabular statement. As of 31 December 2003 there were approximately 750 civil actions taken against members of the force on hand. A detailed breakdown of them in the form of the number of allegations of assault, unlawful arrest and other breaches of citizens' rights is not readily available. A database introduced in 2002 for...