Results 18,681-18,700 of 18,736 for speaker:Michael McDowell

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

Michael McDowell: The real benefit to the Exchequer would be in checking vehicles travelling to those places rather than coming back. Amendment agreed to.

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

Michael McDowell: This proposal would change the section to mean that all non-nationals on board a vehicle seeking to land in this State, or pass through a port in the State to travel to another state, would have to disembark in compliance with any directions given by immigration officers. If we were to say that Irish nationals did not have to do so, the question would arise as to who would decide they were...

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

Michael McDowell: Exactly. Who would make the choice? Would it be the person in charge of the bus—

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

Michael McDowell: —or the immigration officer? The carrier would be obliged to decide who were nationals and non-nationals. Bearing in mind the thrust of the debate has been thus far that it is unreasonable to cast excessive burdens on the carrier, the purpose of the amendment would be to require carriers to satisfy themselves as to who were nationals or non-nationals. It is a misconceived amendment. It may...

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

Michael McDowell: With respect, we are talking about an amendment. We are not discussing the powers of an immigration officer as much as the obligation cast on the carrier to ensure people comply with directions given by the immigration officer. The suggestion is that the carrier should only ensure that non-nationals comply with the direction and should not be under any obligation to ensure that Irish...

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

Michael McDowell: I remind Senators that I am dealing with one amendment because Senator Ryan, in his wisdom and in the spirit of co-operation, told me I cannot deal with any other amendments. I will not, therefore, deal with the intent of the section at this stage. We are dealing with a proposal to delete "persons" in line 22 and substitute "non-nationals". The effect of that would be to ask the carrier under...

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

Michael McDowell: There are powers but, I hesitate to say, it is under the Aliens Order. It is probably politically incorrect to use that language but that is the way it is, I am afraid.

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

Michael McDowell: Exactly.

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

Michael McDowell: This is a carrier's liability Bill. It is a touching and welcome development that the Labour Party should seek to transfer to the State, which is not making a profit from this transaction, all the extra costs of ensuring that people comply with the law and to exonerate the private companies who are making profits from any duty to ensure that they fulfil their part of the bargain and present...

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

Michael McDowell: —and suddenly to cast on the State the obligation to make sure that all of these things are done.

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

Michael McDowell: We have to be realistic and look to the rest of this section to determine to nature of the obligation being cast on the carrier by section 2(1). It is a defence for a person charged with an offence under this section to show that he or she took all such steps as were reasonably open to him or her to ensure compliance with the provisions of the Act. It is a reasonableness test. In order to...

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

Michael McDowell: Being reasonable, it is more practical in this day and age to look at air passengers, who are the majority of people who travel to this country from outside the common travel area. In those cases reasonable steps to comply will establish a full defence under section 5. The requirement will be complied with if the carrier arranges that a passenger travelling on his or her plane produces a...

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

Michael McDowell: They do. The Deputy seems to think that because a different person does the check-in this affects the operation of this law. If the carrier delegates that duty to someone operating a check-in counter at a foreign airport—

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

Michael McDowell: it is the carrier's duty to ensure he or she is carrying people who are documented. If a carrier makes an arrangement with Servisair in Charleroi airport, for example, to carry out this function the carrier will be guilty if he or she produces someone in Ireland who is not documented. The carrier may say he or she has done everything that could reasonably be done. One of the things the...

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

Michael McDowell: Either we are interested in making an operable law or we are not. The Labour Party must decide if Ireland is to be the only country in the European Union which does not have carrier liability. Has the Labour Party an ideological objection to this or does it not?

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

Michael McDowell: Let me deal with this matter. Either we have a carriers' liability law or we have not and it is either a workable law or it is not.

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

Michael McDowell: The more the Senator interrupts the bigger and the deeper the hole he is digging for himself. It is probable that tonight's proceedings will not receive great publicity. If the people of Ireland heard the specious arguments being thrown up, one after another, with the best of humour, against putting in place a workable law which puts Ireland on a par with every other European Union member...

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

Michael McDowell: The reality is that what I am being asked to do here, because Senator Ryan insisted on it, is to debate the substitution of one word for another. He would not allow me group amendments because he is so enthusiastic to subject the Bill to line by line scrutiny. I am dealing with a suggestion that all persons should not be obliged to disembark in conformity but only non-nationals should be...

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

Michael McDowell: I do not see anything over the top in requiring a carrier to present all passengers to an immigration officer for examination. If I was to accede to the Senator's amendment, it would mean that only non-nationals would have to be presented. Therefore, if people scarpered across the airport fields or disappeared off the ferry and ran, I would not be able to prove who they were. I would then...

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

Michael McDowell: An Irish citizen is prima facie entitled to enter Ireland. This does not inhibit the rights of Irish citizens to behave as they wish. All it does is cast on the carrier the obligation to take all reasonable steps to ensure everybody on board a aeroplane or ship presents himself or herself to an Irish immigration officer. Whether the Irish citizen has rights in those circumstances is immaterial.