Results 18,221-18,240 of 18,736 for speaker:Michael McDowell

Seanad: Citizenship Rights for Non-Nationals: Motion (7 Apr 2004)

Michael McDowell: Nothing could be further from the truth. In recent years, the issues of immigration and citizenship have assumed a new prominence in public debate. Ireland is experiencing the broader impact of an interdependent world where mass communication and transportation, geographical position, political instability and, indeed, organised crime impact upon the movement of people. We have become a...

Seanad: Citizenship Rights for Non-Nationals: Motion (7 Apr 2004)

Michael McDowell: I had intended to say that I do not believe a reasonable and practical constitutional and legislative proposal, which is designed to bring Ireland's citizenship laws into line with those of our European partners, can be termed racist. It does not bring them into line with our European partners; they will still remain far more generous than the vast majority of our European partners' laws. I...

Seanad: Citizenship Rights for Non-Nationals: Motion (7 Apr 2004)

Michael McDowell: It is the same day. I am fascinated that Senator Brian Hayes seems to think that if we held the presidential election on the same day as this referendum, none of the candidates in the presidential election would be expected or entitled to express views on a major issue happening on the same day. I very much doubt that and I do not think that anybody in good faith believes it. I welcome the...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (7 Apr 2004)

Michael McDowell: I wish to respond to a point made by Senator Henry. Given that it has been said that a different definition of "mental disorder" to that in the Mental Health Act 2001 is required for the purposes of the Bill, she rightly asks why a reference to the 2001 Act has been included in section 3(3). We are dealing with a slightly different situation here. Section 3 deals with the concept of fitness...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (7 Apr 2004)

Michael McDowell: First, it is important to examine what is contained in the Bill in this regard. Schedule 1 states: 1.—The Review Board shall consist of a chairperson and such number of members as the Minister, after consultation with the Minister for Health and Children, may from time to time as the occasion requires appoint. The Review Board shall have as an ordinary member, at least one consultant...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (7 Apr 2004)

Michael McDowell: I appreciate the reasoning behind Senator Henry's amendment which proposes the alignment of mental disorder for the purpose of this Bill with that of the Mental Health Act 2001. Although this issue has been the subject of much public debate, I profoundly disagree with the proposition that there should be an alignment. It would not be helpful, constructive or enlightening. I hope that does not...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (7 Apr 2004)

Michael McDowell: It does not exclude it. What is meant by personality disorders? If the term personality disorder is put in the legislation, a definition must be included. We would be here until the crack of doom working out what constitutes a personality disorder. The Mental Health Act raises an issue as to whether mental disorder by definition encompasses personality disorder or not; it can be argued both...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (7 Apr 2004)

Michael McDowell: I never said anything of the sort.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage. (7 Apr 2004)

Michael McDowell: There are 139 amendments to this very short Bill. Obviously, there must be some form of grouping. I have no doubt the House is liberal enough to accommodate people with difficulties relating to the exact sequencing of amendments. There is always some latitude on groupings. While I am not a Member of the House with power to order business, I will certainly not be squeamish or rigid on...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage. (7 Apr 2004)

Michael McDowell: I tend to agree with Senator Hayes. The amendment Senator Terry is presenting delimits the meaning of another term when used in the Bill. Any criminal law statute, which this effectively is, has to be interpreted as time goes by and in the context of the facts of any particular case. Where there is ambiguity in a Bill, as a matter of legal construction in a criminal statute the Bill is always...

Seanad: Training Centre Closure. (1 Apr 2004)

Michael McDowell: The Senator raised one possibility and has tried to assist it by appealing to my well-known generosity. If there is any way a portion of the work to which the Senator paid tribute, which is work with marginalised sections of the community, could be assisted under the guise of equality and through any of the programmes the equality section of my Department operates, I would look well on any...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: The existing wording of section 16(5) is sufficient when it states that the authority shall give to the Minister such other information regarding performance as he or she may from time to time require. That is a broad and unqualified right that includes information for the purpose of debate and answering parliamentary questions. There are certain functions when the statute provides that the...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: This matter was debated at length in the Dáil. The Freedom of Information Act provides for the extension of the Act to various bodies and states that it is a matter for the Minister for Finance, who is charged by law with this function. A decision on the application of the Act will have to be taken in accordance with normal procedures and I see no reason to depart from established procedures...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: Section 21 already makes extensive provision for the supply of information on an applicant's character, competence and financial situation and the verification by affidavit or otherwise of such information. A Garda certificate can also be demanded under section 21(3), while under section 34 the gardaí may be requested by the authority to supply further information. Where a licence is...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: I think the word "may" is preferable to the word "shall". I am sure the authority will demand a Garda certificate wherever it considers it appropriate and reasonable to do so. To require a Garda certificate in respect of each and every renewal would be excessive. As this industry is unregulated, we crudely estimate, taking account of part-time and full-time employees, that some 15,000 people...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: Section 2 defines a director as including any person occupying the position of director, by whatever name called, any person who effectively directs or has a material influence over the business of the body corporate, any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act, unless the directors are accustomed so to act only on...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: I have not changed my mind since the earlier debate in this House on the subject. The position in respect of the involvement of gardaí and members of the Defence Forces in providing security services is as follows. In regard to the Garda, any such off-duty activity is already prohibited. Garda Síochána discipline regulations define prohibited spare time activity as including, among other...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: We now have a European Convention on Human Rights law which requires every State agency to carry out its activities in a manner compatible with the convention. However, before there ever was a European Convention on Human Rights, there was an obligation under Irish law for everyone to comply with the constitutional values and for every organ of the State to discharge its functions in a manner...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Michael McDowell: On my own behalf and on behalf of my officials, who have dealt with this matter so efficiently, I thank Members for their kind words. The Bill has been a long time coming. It arises out of a 1997 report and was first published in 2001. Since becoming Minister I have regarded its passage as a priority, although it may seem otherwise. It is not simply that this sector needs regulation. There is...

Seanad: Schools Building Projects. (1 Apr 2004)

Michael McDowell: I thank the Senator for providing me with the opportunity to outline to the House the position relating to post-primary provision in the Lucan area. At the outset it must be made clear that the educational infrastructural needs of the Adamstown strategic development zone, as it develops over time, are separate and distinct from those of the Lucan area and cannot alleviate any current...