Results 18,661-18,680 of 18,736 for speaker:Michael McDowell

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Michael McDowell: The effect of the amendment would be that where an asylum application had been found, on investigation at first instance by the independent Refugee Applications Commissioner, to be manifestly unfounded, the applicant should be entitled to an oral hearing. I do not agree with this proposal. If anything the system should be made more rigorous rather than being loosened in the manner suggested.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: I am opposing the amendment because, aside from the drafting difficulty, there is no such thing as a commercial mechanically propelled vehicle within the meaning of the Road Traffic Act, 1961. Given that that Act does not define the phrase which this amendment would create, the argument underlying this amendment is opposed in principle. I will elaborate on that point, if I may. To confine the...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: There seems to be some misunderstanding in regard to the ambit of the Bill. Section 2(1), even as proposed to be amended, makes it clear that the measure applies to a vehicle arriving in the State from a place other than Great Britain or Northern Ireland or, if a later amendment is accepted, the Channel Islands, Isle of Man and the other near possessions of the United Kingdom. Let us get this...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: It does not apply to anyone travelling in a plane from Great Britain to Ireland, nor does it apply to anyone travelling on a ferry from anywhere in the United Kingdom to Ireland. It does apply to, say, the Roscoff or Cherbourg ferry. Even if the legislation was properly drafted – unfortunately I can see the intent, but the intent was missed because there is not a phrase "commercial vehicle"...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: Let us have a sense of humour about it. The reality is that this is a slightly ridiculous amendment which would have very anomalous results. It does not apply to anyone travelling into this country from the United Kingdom, it applies to vehicles on ferries. Because we are where we are in Europe, we are talking about vehicles on ferries coming from France. If I were to say a lorry driver...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: He should be flattered by being bracketed with me.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: I am trying to make a viable law. I fully accept that Senator Ryan is opposed to the principle of this Bill and I hope he will accept that I do not wish to get involved—

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: I assumed that there was some party solidarity between Senators Ryan and McDowell, as Senator McDowell said a moment ago that his party's Senators were opposed to the principle of the Bill.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: There is a certain absence of reality here. Senator Ryan accused me of discourtesy to the House. None was intended. If I remain in good humour when others are becoming angry and working themselves into tempers, that is their problem, not mine. I intend to proceed as I started. Those who board a ferry at Roscoff or Cherbourg have to produce documents to get on to the ship in the first place if...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: Everyone who boards a ferry will be checked by the ferry company. At present it has not an obligation to check the documentation of its passengers. We are now bringing in a rule that obliges them to check and they will pay a fine for every undocumented passenger they carry. From now on every ferry company and airline travelling into Ireland from outside of the United Kingdom will have to put...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: The Senator has mentioned it now and if the Standing Orders of this House are the same as those of the other House, this entitles her to raise the matter by way of a Report Stage amendment. I would prefer to wait and see exactly what she has in mind before I comment on it.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: Senator Burke should know that there is no theoretical or de facto policy of discriminating between colleges in deciding who can obtain a visa to attend. I am being disorderly in replying to this because it is not relevant to the Bill.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: I assure the Senator that to my knowledge, there is no policy, either formal or informal, of discriminating against colleges based on their geographical location in relation to admission of students. This Bill will not add to the difficulties in getting into Ireland. What will happen is that the carriers, who are in this sense the proprietors or the people in charge of the ship or aircraft,...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: Senator McDowell is a lawyer of some subtlety and perspicacity. I cannot think of any clearer language to express who the carrier is. It is either the owner of the vehicle or the person in charge of the vehicle. Where Aer Lingus or any other airline delegates to another company the checking of passenger documentation, it does so at its own risk. If it carries someone who is undocumented, that...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: We have not cleared this up.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: I am giving them the benefit of the doubt.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: In a good humoured way, this broad phalanx of the Opposition, most of whom would put themselves somewhere on the left of the political spectrum, amuses me.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: The notion that the duty should be cast on countries to prevent people leaving undocumented is a profoundly left wing view. As one who has stood in Sheremetyevo Airport in the old days—

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: There seemed to be much more concern on the part of the former Soviet Union to stop people leaving the place than to prevent them getting in. That is resonant of one kind of society. There is no obligation on any EU member state or its police force to check any vehicle leaving the country in order to prevent undocumented people getting out. A system which sought to cast that responsibility or...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Michael McDowell: This amendment came about because the common travel area arrangements would apply to flights or sailings emanating from the Channel Isles or the Isle of Man. In the circumstances it is not proposed to treat them on the same basis as territories lying outside the common travel area.