Results 2,021-2,040 of 18,726 for speaker:Michael McDowell
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: That is a different matter. I was taking up the phraseology of the draftsman, who I will not criticise in this respect. It is already part of the Minister's scheme that a particular appointee will be appointed or recommended for appointment on the basis that he or she may be carrying out a different class of business in the court to which he or she is appointed. That is already there. It...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: Probably.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: I did not attend Senator Norris’s lectures. I was one of those who was left outside trying to get in because of the crowds.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: Section 50(2)(b) states:The power to prepare a statement of requisite skills and attributes under this Part [which is a power for the commission’s procedures committee to do some drafting on] includes a power to prepare different statements of requisite skills and attributes by reference to—b) in the case of judicial offices in the same court, different classes of business in...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: Ignoring that for a second, who reasonably anticipates this? How are the appointees for that job going to know when they apply for a vacancy in the High Court, say, that it is looking for an intellectual property lawyer rather than somebody to preside over murder trials in the Central Criminal Court? How is this to be determined? This is a genuine lacuna. It is a mistake in the Bill that...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: Criminal law practitioners.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: How will applicants know what is going on?
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: The problem with that-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: There are two problems with that. First, it is for the Government and the Oireachtas to decide how many judges there are in the High Court. We are told the Minister will bring in a Bill to increase the size of the Court of Appeal by a further six judges in the near future. In that court, that is a matter for the Government. However, I can well imagine that at some stage in the next few...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: I will get it in for later on Committee Stage.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: If there is provision in this legislation for separate selection procedure statements of requisite skills and attributes to be proposed by the commission and published, which there is because that is what section 50 states, and if that is to be done on the basis that "it is reasonably anticipated a particular appointee" will deal with this kind of business, which the Bill acknowledges, surely...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: Votáil.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: I move amendment No. 97cb:In page 33, between lines 20 and 21, to insert the following:"51. (1) The Commission shall, before publishing any statement under this Part, submit to the Minister a draft of such statement for consideration and approval by the Government. (2) The Government shall consider any draft statement submitted to the Minister under this section and may approve of such...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: Before the Minister comes in, there was another point I wished to make. I want to draw the attention of the House to the provisions of section 51, which states: "Without prejudice to section 53(2), the Procedures Committee may, as it considers appropriate for the purpose of assisting the Committee in the performance of its functions under this Part, consult with the President of each court...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: I mentioned subsection 2. I really meant to say I presume it is the Minister's intention to delete subsection 1 and to amend section 51(3) in any event. We are dealing with my amendment and that of Senator Craughwell. I cannot see why the Government, particularly now with the Attorney General as a member of the commission, should not be consulted as of right about the criteria before they...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: I do not accept that logic applies at all. Section 54 states:(1) The Commission shall consider each of the statements submitted to it under section 53(1) [section 53(1) is submitted by the procedures committee] and may, subject to subsection (3)—(a) approve each of the statements, (b) make such modifications to either of them as it considers appropriate and approve them as so...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: I move amendment No. 97cc:97cc. In page 33, line 22, to delete “may” and substitute “shall”. The amendment refers to page 33, line 22 of the Bill as received from the Dáil which reads:Without prejudice to section 50(2), the Procedures Committee may, as it considers appropriate for the purpose of assisting the Committee in the performance of its functions...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: That is great progress. I thank the Minister for his generous response.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: Yes, indeed. Amendment No. 97cd-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)
Michael McDowell: Yes, but the problem is that I must speak on both amendments in the group because I will not be allowed to say anything if-----