Results 18,161-18,180 of 18,736 for speaker:Michael McDowell

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage. (21 Apr 2004)

Michael McDowell: I am sure the Deputy will.

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage. (21 Apr 2004)

Michael McDowell: Do some reading in the meantime. The aspect of our law that gives rise to this abuse is the universal entitlement of any person born in the island of Ireland, which includes its islands and its seas, to be an Irish citizen. The position until December 1999 was that under the Irish Nationality and Citizenship Act 1956, every person born in the island of Ireland was an Irish citizen. This was a...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: There is a simple answer which might not be obvious, however. An "approved medical officer" is defined as somebody practising in the State. If we use the term "consultant psychiatrist", it will allow somebody from abroad to discharge the function. There is no great mystery about it. The term "approved medical officer" has the meaning assigned to it under the 2001 Act. One has to be...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: There are references in subsections (3), (5), (8) and (9) in this section to "offences other than the offences charged". This is to take account of cases where a person charged with one offence may be convicted of a different one. If, for example, a person is charged with murder and found not guilty by reason of insanity and the Court of Criminal Appeal considers the applicant was suffering...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I am told it is copied directly from an English provision.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I was going to say something slightly different as regards the terms "on oath" and "or otherwise". The phrase "or otherwise" is sufficient to cover affirmation but I agree with the narrow point the Senator is making about the interpretation.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I cannot accept this amendment. The purpose of paragraph (b) is to provide for circumstances where a person is detained at a designated centre which is also a prison. As prisons do not have clinical directors, the duties and powers noted in section 12 are conferred on the governor as head of the prison. Provision is made for appropriate advice to be provided to the governor in the exercise of...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: The word "disposal" is technically correct but may sound a little offhand. I do not have a thesaurus with me but I am trying to think of some other appropriate word. The word "future" is too vague, but between now and Report Stage I will come up with something less open to misinterpretation. Some unfortunate American person used the word "niggardly" on one occasion, and people who did not...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: The powers that can be exercised include the power of making orders subject to conditions. There is no absolute certainty in this matter. To some extent one is looking into a crystal ball, and one cannot be certain as to what the future will bring. One must however make a fair decision regarding the person. Currently, such decisions are taken by the Minister for Justice, Equality and Law...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I have no idea offhand what the figure is as files appear regularly on my desk. However, these are not for the final release of individuals from the Central Mental Hospital but for approval of, for example, someone going on an annual holiday with or without supervision. I cannot give the Senator a rough estimate on the numbers of people who are the subject of a final decision. However, I can...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I agree that Senator Henry's proposed wording is preferable to the existing text. It was initially planned to amend this section but we held back. I propose now to deal with this issue on Report Stage. I hope to table an amendment resulting in as good, if not better, a wording than Senator Henry's for this section.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: That may all be very well. However, take the example of a psychiatric institution staff member with an individual on a day visit who then escapes. If the staff member sees the person at a later stage and must then get a garda, he or she will lose sight of the individual. It is desirable that we are not inflexible in these situations. I will look at the amendment again but I am not convinced...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I will examine that amendment for Report Stage.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I have examined this amendment and intend to table an amendment on Report Stage to incorporate its proposals.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I am opposing this amendment and the more I hear the argument in favour of it, the more I am opposed to it. Section 3(2) states: An accused person shall be deemed unfit to be tried if he or she is unable by reason of mental disorder to understand the nature or course of the proceedings so as to- (a) plead to the charge, (b) instruct a legal representative, (c) make a proper defence, (d) in...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: With the permission of the Chair, I wish to indicate that I will introduce an amendment on Report Stage to remove the word "or" from the phrase "or commit him" at the beginning of line 30 in section 3(3)(b). Amendment No. 17 not moved.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: The word "or" at the end of line 12 in section 3(2)(d) suggests that they are disjunctive rather than conjunctive.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I am opposed to this amendment for the reasons I mentioned before. The court has to make certain decisions, but the view of the person who is associated with the institution to which the person being dealt with by the court may be sent is not determinative of the issue. I do not want to give a veto or a quasi veto to psychiatrists in these institutions. I do not want a situation where...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I am very well aware of the shortcomings of the Central Mental Hospital. I took the trouble to visit the institution which, although it is not directly under my remit, is very intimately connected with many of the functions of my Department. I was shown around by the staff.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Michael McDowell: I came to a number of conclusions about the facility. It is a sub-standard institution situated on grounds which must have a colossal value. It is an amazing irony that a substandard institution should be squatting on an asset which ought to be realised to provide adequate mental health facilities. That is very strongly my opinion. I found it difficult to understand why some of the...