Results 18,601-18,620 of 18,736 for speaker:Michael McDowell

Seanad: Criminal Law (Insanity) Bill 2002: Second Stage. (19 Feb 2003)

Michael McDowell: The Criminal Law (Insanity) Bill 2002 is important and long awaited legislation. I have just been reflecting on how long. In 1978 the former Supreme Court judge, Mr. Justice Henchy, reported and appended to his report a draft Bill. The mills of God grind slow but grind exceedingly fine. Most agree that our law on insanity is in need of reform, a view expressed for some time by the Judiciary,...

Seanad: Criminal Law (Insanity) Bill 2002: Second Stage. (19 Feb 2003)

Michael McDowell: That is correct. I will deal now with the main provisions of the Bill in more detail. Section 1 deals with definitions, and two matters in particular are worthy of special mention. The first concerns the definition of designated centre, which is further explained in section 2. This section follows section 5 in the draft Bill proposed by the Henchy committee in 1978 and it provides that it is...

Seanad: Criminal Law (Insanity) Bill 2002: Second Stage. (19 Feb 2003)

Michael McDowell: Now those terms are confined to politics.

Seanad: Criminal Law (Insanity) Bill 2002: Second Stage. (19 Feb 2003)

Michael McDowell: There is some justice.

Seanad: Criminal Law (Insanity) Bill 2002: Second Stage. (19 Feb 2003)

Michael McDowell: I thank Senators for what has been a thoughtful debate. Every contribution was well thought through and has given me pause to reflect on what is contained in the Bill. The fact that it has been a long time in gestation should not be a reason for not getting it right and making improvements if needed at this late stage. Senator Maurice Hayes referred to the delays in implementing the Mental...

Seanad: Criminal Law (Insanity) Bill 2002: Second Stage. (19 Feb 2003)

Michael McDowell: There is humanity in our legal system which is sometimes forgotten completely in the social rhetoric. The case of Ernest Saunders and his remarkable recovery always reminds me of the occasion when a private detective was very convinced that a certain plaintiff in the Four Courts was a complete fraud. The plaintiff had appeared at an earlier stage on a crutch, but had now descended into a...

Seanad: Criminal Law (Insanity) Bill 2002: Second Stage. (19 Feb 2003)

Michael McDowell: Precisely. The gentleman in the wheelchair replied, "You may but I am off to Lourdes." Miracles have often figured in the courts and Mr. Saunders was not the first to benefit from them. This Bill is overdue and every aspect of it requires careful thought. I am encouraged by the tone and content of the contributions today to feel that Committee Stage will be very useful, and that if we do not...

Seanad: Immigration Bill 2002: Report Stage. (4 Feb 2003)

Michael McDowell: The primary purpose of the carrier liability provisions in the Bill is quite straightforward. Carriers which bring non-national passengers into the State should satisfy themselves that those passengers have with them the appropriate documentation to allow them to disembark at their destination – be it a port or airport – in accordance with Irish immigration requirements. For that to work...

Seanad: Immigration Bill 2002: Report Stage. (4 Feb 2003)

Michael McDowell: The amendment would insert in page 4, line 25, after the word "officers", the words "if required to do so by such directions (if any)". It would then read that the carrier concerned shall ensure that all persons on board the vehicle seeking to land in the State or to pass through a port in the State in order to travel to another state disembark in compliance with any direction given by...

Seanad: Immigration Bill 2002: Report Stage. (4 Feb 2003)

Michael McDowell: I oppose the amendment. Although I understand the intention behind it, which is to exempt those entitled to protection under the 1951 Act from the operation of the Bill, it would be unworkable. It would not be possible to determine at the point where a carrier had committed an offence under the subsection whether the person in question was or was not a person having a well-founded fear of...

Seanad: Immigration Bill 2002: Report Stage. (4 Feb 2003)

Michael McDowell: I am opposed to the amendment because it would introduce an absolute requirement on me to draw up and publish guidelines on a mandatory basis, instead of stating I should do so "from time to time". If the amendments were agreed to, the subsection would then state, "The Minister shall draw up and publish guidelines concerning steps to be taken by carriers to ensure compliance by them with this...

Seanad: Immigration Bill 2002: Report Stage (Resumed) and Final Stage. (4 Feb 2003)

Michael McDowell: The effect of the Senator's amendment would be to put the position of an employer who employs someone unlawfully without a work permit on exactly the same basis in terms of potential punishment as an employee who works illegally without such a permit. It would prevent any of these offences from being tried on indictment, in the case of an employer, and it would limit the maximum fine that...

Seanad: Immigration Bill 2002: Report Stage (Resumed) and Final Stage. (4 Feb 2003)

Michael McDowell: I oppose this amendment which relates to the period of time given to applicants for asylum status to notify the Refugee Applications Commissioner of a permanent address where he or she can be contacted, for example, if notices need to be sent out. If I accede to the amendment and it is accepted by the House, applicants will have 25 working days – five full weeks, or over one month – in...

Seanad: Immigration Bill 2002: Report Stage (Resumed) and Final Stage. (4 Feb 2003)

Michael McDowell: This amendment is necessary to modify the language of the proposed section 11(8)(f). I refer to the phrase "non-compliance with this subsection", which I propose to replace with "non-compliance with that obligation". While the original wording may seem more clear, I understand the Department thinks that a certain infelicity of expression has crept into the section. I propose in the amendment...

Seanad: Immigration Bill 2002: Report Stage (Resumed) and Final Stage. (4 Feb 2003)

Michael McDowell: I agree with Senator Morrissey. I explained to the House on Committee Stage that in order for an interview to be conducted, a series of events must happen: first, the officer conducting the interview must arrange, in many cases, for an interpreter to be present; second, in most cases, lawyers, or at any rate one lawyer, may be in attendance; and third, the would-be asylum seeker will have to...

Seanad: Immigration Bill 2002: Report Stage (Resumed) and Final Stage. (4 Feb 2003)

Michael McDowell: We have a mandate to enact laws only on foot of our position under the Constitution. The first canon of construction of any law promulgated by the President after being passed by these two Houses is that it should be construed in a constitutional way. Throughout the Constitution, from the preamble on, are values of reasonableness, constitutional justice and charity. The fundamental rule of...

Seanad: Immigration Bill 2002: Report Stage (Resumed) and Final Stage. (4 Feb 2003)

Michael McDowell: Senators will recall that in our debate on Committee Stage, I gave an undertaking that I would bring forward a Report Stage amendment to make it clear that the withdrawal provisions provided for in section 6 of the Bill would not apply in circumstances where an applicant is found in breach of section 9(4)(b) of the Act of 1996. Paragraph (b) of subsection (4) of that section prohibits an...

Seanad: Immigration Bill 2002: Report Stage (Resumed) and Final Stage. (4 Feb 2003)

Michael McDowell: Government amendments Nos. 14 and 21 arise from an indication I gave on Committee Stage that I would look at the time limit of ten working days, as set out in section 6 of the Bill. This ten day limit, in effect a fortnight, would arise in a case where the Refugee Applications Commissioner or the Refugee Appeals Tribunal, as the case may be, becomes aware that the applicant is no longer at...

Seanad: Immigration Bill 2002: Report Stage (Resumed) and Final Stage. (4 Feb 2003)

Michael McDowell: The effect of the amendment would be to allow an appeal in all cases except where the person fails to provide an address within five working days, as provided for in section 6(b)(ii) of the Bill, which amends section 9 of the 1996 Act, or under subsection 14(b) of section 9 of the 1996 Act, where a person in detention indicates a wish to leave the State and his or her application is deemed...

Seanad: Immigration Bill 2002: Report Stage (Resumed) and Final Stage. (4 Feb 2003)

Michael McDowell: I can understand the Senator's motives in moving this amendment, but I ask her to consider the practicability of the proposal. In section 6(g), the Bill amends section 19(2) of the Refugee Act, 1996, by removing the requirement to obtain the consent of the Minister prior to the publication – in a written publication available to the public – or broadcast of matters likely to lead members...