Results 261-280 of 18,465 for speaker:Michael McDowell

Seanad: Intoxicating Liquor Bill 2003 [ Seanad Bill amended by the Dáil ] : Report and Final Stages. (4 Jul 2003)

Michael McDowell: Nothing can be taken for granted.

Seanad: Irish Nationality and Citizenship and Ministers and Secretaries (Amendment) Bill 2003: Second Stage. (22 Oct 2003)

Michael McDowell: I pay tribute to Senator Quinn for his considerable work in preparing this legislation, which deals with a matter on which I am already on record as holding views sympathetic to those underlying the Bill. The debate provides me with an opportunity to reiterate those views, which coincide in large measure with those of Senator Quinn. Senators have available to them the May 2000 report of the...

Seanad: Irish Nationality and Citizenship and Ministers and Secretaries (Amendment) Bill 2003: Second Stage. (22 Oct 2003)

Michael McDowell: On the contrary, as regards some applications at least, it was considered by many to be a good scheme because of its job-saving and job-creating effect. My objections come from a number of angles. As I have stated previously both here and in the other House, I have a rooted objection in principle to the notion that citizenship can be bought or bartered for investments in the State by people...

Seanad: Irish Nationality and Citizenship and Ministers and Secretaries (Amendment) Bill 2003: Second Stage. (22 Oct 2003)

Michael McDowell: It is a little more complex than that. I commend Senator Quinn for highlighting this issue. I thank him for the effort he put into this Bill. The kneejerk reaction of saying I will do it myself and voting against the measure would be, in these circumstances, ungracious and wrong. Even if I intend to compete with the Senator to have my Bill passed first in the fullness of time, I wish to...

Seanad: Irish Nationality and Citizenship and Ministers and Secretaries (Amendment) Bill 2003: Second Stage. (22 Oct 2003)

Michael McDowell: What kind of Government did we have in those days?

Seanad: Courts and Court Officers (Amendment) Bill 2003: Second and Subsequent Stages. (12 Nov 2003)

Michael McDowell: The maximum number of ordinary judges in the High Court is prescribed by law. Currently, the Courts and Court Officers Act 2002 provides that the number should not exceed 26. I should add, for reasons of clarity, that when I refer to ordinary judges of the High Court I refer to judges of the High Court other than the President of the High Court. Hence, the use of the word "ordinary" in this...

Seanad: Courts and Court Officers (Amendment) Bill 2003: Second and Subsequent Stages. (12 Nov 2003)

Michael McDowell: I thank the Members who contributed to this debate in such a constructive and supportive manner and those who attended the debate but did not contribute. I assume they support this Bill in a more practical way, by not delaying its passage.

Seanad: Adjournment Matters. - Irish Prison Service. (19 Nov 2003)

Michael McDowell: The issue raised by Senator Wilson is extremely important and I am grateful to him for giving me the opportunity to address this House on it. One way or another, Loughan House will continue to provide facilities equivalent to those provided for prisoners today. Whereas Senator Wilson has quite properly said that nobody will lose their job, he is worried about the implications of transferring...

Seanad: Independent Monitoring Commission Bill 2003: Second Stage. (9 Dec 2003)

Michael McDowell: I thank Senators for their willingness to take this legislation today. Seanad Éireann has always supported the Government's attempts to bring peace and political stability to Northern Ireland. The purpose of the Bill is to provide in our law for the establishment of the Independent Monitoring Commission which has been the subject of an Agreement between the Governments of the United Kingdom...

Seanad: Independent Monitoring Commission Bill 2003: Second Stage. (9 Dec 2003)

Michael McDowell: The Senator would be better off preparing for the next one.

Seanad: Independent Monitoring Commission Bill 2003: Second Stage. (9 Dec 2003)

Michael McDowell: I thank Senators for their contributions on the Bill this afternoon. This legislation is narrow in its focus but important in its potential effect on the situation in the future. It was interesting to hear contributions in the House from various perspectives.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Michael McDowell: Senator Mansergh is correct and I must reflect that Senator Brian Hayes's remarks are probably causing various people in the Department of Finance to fall off their chairs in amazement at the Opposition demanding that the Department of Finance's interests should be protected. It should be noted that section 4 deals with a number of elements concerning moneys, premises, facilities and...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Michael McDowell: The position is that the total annual budget envisaged for it is of the order of €3 million and it will be shared on a 50-50 basis between the two Governments. Therefore, the Irish Government will contribute €1.5 million and the UK Government will contribute the sterling equivalent of €1.5 million. Amendment, by leave, withdrawn. Section 4 agreed to. SECTION 5.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Michael McDowell: This is an international body. The question of whether it could be susceptible to suit in the Irish courts is a serious one. If people began to take judicial review type remedies of mandamus ordering it to do things, certiorari quashing its reports or directing it by a court based injunction to exercise its functions in one way or another, it would cease to have the status of an international...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Michael McDowell: Arising from Dr. Mansergh's remarks, if one inserts the "in good faith" stipulation, one is saying to a judge of an Irish court on either side of the Border, in a Northern Ireland High Court or in a High Court in the South, that whether the commission is acting in good faith is a justiciable issue before that court. If one concedes it is a justiciable issue, one then gives the right of...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Michael McDowell: They would, but they could start proceedings with their lawyers querying the meaning of the phrase "in good faith" and suggesting that it must be based on some rational appreciation of the circumstances and be reasonable in some way. If they then said they had a reasonableness test, the case could be dragged out. In very many cases of judicial review which I have seen, efforts are made to...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Michael McDowell: That might be so, but section 6 is designed to put into the Act what is set out in Article 13(2) and I do not want to be seen by Westminster to be redrawing the agreement or adding new portions to it at this stage, having so recently signed it in the company of the British ambassador. It might be regarded as not quite the done thing to agree to an amendment which in effect would amend Article...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Michael McDowell: Article 2 of the Agreement and our own statute already provide that, "The Commission shall be independent in the performance of its functions". There is a slight difference of nuance here. One could say someone shall be independent in the performance of his function and also say that his independence shall not be compromised. I see that point. At this stage, whatever sympathy I may have,...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Michael McDowell: Unless another Member of the House has a contrary point of view of which he or she wants to persuade me, I am disposed to agree to the amendment proposed by Senator Hayes, for the reasons he has stated.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Michael McDowell: It is unlikely. There are restrictions on much of the information which can go out from the Garda Síochána. It is more likely than not that in recent legislation there have been express authorisations for the disclosure of information in certain circumstances, to the Criminal Assets Bureau, for example.