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Results 161-180 of 1,683 for speaker:Derek McDowell

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Another condition that must be complied with, as set out in subsection (3), is that an applicant for a firearm certificate must "supply to the issuing person the information requested on the application form and such further information as the issuing person may require in the performance of the person's functions under this Act". The subsection further provides that this information...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Section 32 inserts a new section 4 in substitution of section 4 of the principal Act. Subsection (3) of the new section 4 states: An applicant for a firearm certificate shall supply to the issuing person the information requested in the application form and such further information as the issuing person may require in the performance of the performance of the person's functions under this...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: If firearm licenceholders are required to obtain a letter from a GP, how much will that requirement cost them? It would add €30 or €50 to the cost of each licence application. I am not against the medical profession and I do not see Senator Henry, a member of that profession, protesting about this. If 200,000 licenceholders are required to obtain such a letter at a cost of €50, that...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: A €10 million levy would be imposed on shotgun owners across the country. Perhaps GPs would be decent and hand them the letter for less.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: It would not be much less.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: It might.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: We hear talk about creeping stealth taxes but such a provision would require a firearm licenceholder to visit his or her GP and obtain a letter to this effect. It is not fanciful to say that the letter and visit would involve a cost for the licence holder of €50.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: That is a good question.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: I am grateful to Senator Jim Walsh for his paean of praise and note the qualification added by Senator Norris. The students of Trinity played their part in 1916 with all of the weapons to which the Senator referred.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: I sympathise with what the Senator is driving at, but I wish to emphasise what he is saying, namely that anyone who has ever been involved in any violent crime should never have access to a firearms certificate. Let us examine that provision because it means that if one was involved in a domestic altercation——

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: ——or an altercation at a pub or on the sidelines of a GAA match, the Garda must deny one a shotgun licence.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: The term "violent crime" covers a multitude, including domestic rows and disputes in pubs. It is a violent crime to throw a stone through a window. While I understand what the Senator is saying, he has cast his net too wide.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Yes, but what he is actually doing is preventing a superintendent from deciding that an altercation was, for example, only a row with a referee in a GAA club, which has nothing to do with whether a person can shoot rabbits on his or her land. We should not go as far as saying that anyone with any type of record——

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Maybe I am, but I must question whether the Senator has gone too far in the other direction.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: Under section 32, the decision must be made on whether the person "can be permitted to possess, use and carry the firearm and ammunition without danger to the public safety or security or the peace". A superintendent can examine the issue and decide on whether a domestic dispute, such as a father giving his son a kick in the backside in front of a sergeant during the middle of a fracas at the...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: If one of the consequences of being imprisoned by the District Court for any violent crime is the loss of a shotgun licence, the question would arise whether it was a fair decision or minor offence in respect of a person who was dependent on that shotgun for whatever reason. Such an issue has arisen in other contexts. What if a clay pigeon champion——

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: If an international clay pigeon-shooting champion is involved in a fracas in a local pub, should he be put out of business? He should not.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: That provision is in the Bill.

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: On Senator Leyden's point, there is provision in the Bill for guidelines which I presume will cover issues such as the restoration of guns. There is also provision in the Bill for an appeal to the District Court against any decision. Where someone is clearly the type of person to whom the Senator referred, he or she would probably be refused under the guidelines and would probably have a...

Seanad: Criminal Justice Bill 2004: Committee Stage. (3 Jul 2006)

Derek McDowell: I fully commend the Senator on refusing to intervene in that case. The proof of the pudding was in the eating.

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