Results 241-260 of 18,436 for speaker:Michael McDowell

Joint Oireachtas Committee on European Union Affairs: EU Enlargement and the Western Balkans: Discussion (28 Jun 2023)

Michael McDowell: Dr. Visoka is very welcome. A number of things occur to me arising out of this morning's proceedings. First, hanging over the whole discussion is that it is almost impossible to see how much progress can be made on any of these fronts as long as the Ukraine war is going on because it is unfinished business. It is one in which Putin is advancing his agenda. If his agenda succeeds, people...

Joint Oireachtas Committee on European Union Affairs: EU Enlargement and the Western Balkans: Discussion (28 Jun 2023)

Michael McDowell: It has to be simultaneous.

Joint Oireachtas Committee on European Union Affairs: EU Enlargement and the Western Balkans: Discussion (28 Jun 2023)

Michael McDowell: I thank Dr. Visoka.

Joint Oireachtas Committee on European Union Affairs: EU Enlargement and the Western Balkans: Discussion (28 Jun 2023)

Michael McDowell: Chairman, could I ask one question?

Joint Oireachtas Committee on European Union Affairs: EU Enlargement and the Western Balkans: Discussion (28 Jun 2023)

Michael McDowell: Is it possible to have a differential approach to recently admitted candidates to say they cannot block for five years or ten years, and to give them second-class status, as it were, for five years so that the unanimity rule does not apply? Is that possible?

Seanad: Offences Against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions (27 Jun 2023)

Michael McDowell: I support the motion. I have some sympathy with the Sinn Féin amendment but I think it will take longer than 12 months to get all the ducks in a row to do what is necessary. On the question as to whether further or different legislation is necessary, I want to say that the whole concept of scheduled offences is, and always has been, a slightly dubious one. The relevant provision of...

Seanad: Offences Against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions (27 Jun 2023)

Michael McDowell: It is the opposite. Any case can be sent to the Special Criminal Court.

Seanad: Offences Against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions (27 Jun 2023)

Michael McDowell: Yes, and scheduled offences are therefore automatically sent, unless the DPP rules otherwise.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Department of Justice (20 Jun 2023)

Michael McDowell: I welcome the witnesses and thank them for their statements and submissions. A number of issues need to be much more carefully examined. I was Minister for Justice when the Defamation Act was drafted as it now is. Section 26 has turned out to be a damp squib. So many safeguards were put into it from the defendant's point of view that it became almost like the Grand National - if you got...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Department of Justice (20 Jun 2023)

Michael McDowell: Without reversing the onus of proof, at least one could make it compulsory that the plaintiff does testify at some point.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Department of Justice (20 Jun 2023)

Michael McDowell: You cannot have somebody say: "I know I stole €50,000 but they will never prove it and I am not getting into the witness box".

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Department of Justice (20 Jun 2023)

Michael McDowell: It was the Reynolds case that gave rise to it.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Department of Justice (20 Jun 2023)

Michael McDowell: I agree that reversing the onus of proof to the extent that one must establish beyond doubt or on the balance of probability that one is not a child abuser is more than I was intending to say. What I am really saying is that it should be compulsory to get into the box and be cross examined because there are things that can be established by cross examination that one will never establish by...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Department of Justice (20 Jun 2023)

Michael McDowell: There are cases that are settled on the basis that we cannot prove the case but we know bloody well it is true. There are cases of that kind.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Department of Justice (20 Jun 2023)

Michael McDowell: The Norwich Pharmacal procedure, which tries to find out who was the originator of a major defamation, is incredibly difficult to invoke. This legislation should deal comprehensively with that. The Internet service providers cherish anonymity. They will say there are people in countries abroad who need anonymity for their personal protection. That is true, but the wild west problem is...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Department of Justice (20 Jun 2023)

Michael McDowell: I appreciate that, but it does not really justify a situation in which I can put up defamation from behind a screen.

Seanad: Gradam an Uachtaráin Bill 2023: Second Stage (14 Jun 2023)

Michael McDowell: I thank my colleagues for tendering this Bill for consideration by the House. I have a problem with it and I am opposed to the principle of it. Under our Constitution, the greatest honour any of us has is that of being a citizen. There are no grades of citizenship and there is no need for an honours system among citizens. My view is a simple one. Those people in our society who are...

Seanad: An tOrd Gnó - Order of Business (13 Jun 2023)

Michael McDowell: I identify completely with every word the Cathaoirleach, as a good friend of the late Paul Coghlan, has spoken, as well as the words of all of my colleagues. Paul Coghlan was a true gentleman. He had a huge interest in the law, something most people are not aware of. He spent a lot of time in judges' chambers and sitting in courts with judges. He loved the company of lawyers and brought...

Seanad: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Second Stage (13 Jun 2023)

Michael McDowell: I move amendment No. 1: To delete all words after “That” and substitute the following: “the Bill be read a second time on 31st December, 2023.” I welcome the Minister back to active duty. My amendment would postpone the consideration of Second Stage until the end of the year, but I wish to move it on this basis only, that we should not rush the Bill...

Seanad: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Second Stage (13 Jun 2023)

Michael McDowell: I wish to make a number of comments. Senator Ward, in ebullient style, decided to commence his contribution on the basis that most of the criticism of this Bill was nonsense. I do not accept that. While I accept that much of the criticism is nonsense and that many keyboard warriors have written exaggerated and overblown criticisms of the Bill and about its threat to our society, when the...