Results 21-40 of 18,437 for speaker:Michael McDowell

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.

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...