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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: Is the Minister willing to accept an amendment to the amendment in order to deal with the time issue?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: Yes.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: I will press it because I believe strongly that the Bill would be improved by this amendment. Even if it does require further tweaking at a later point, that can be done on Report Stage.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: My position is simple. My amendment would improve the Bill dramatically. If there is further tweaking to be done, that is what Report Stage is all about.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: I move amendment No. 93c:In page 31, between lines 29 and 30, to insert the following:“47. It shall be the duty of the Commission to notify every person who has applied to the Commission to be considered for recommendation for appointment to any judicial office as to whether or not such person has been so recommended by the Commission in accordance with the provisions of this...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: -----approach to the issue? If we expect unsuccessful and successful candidates to be told whether they have been short-listed, we should instruct the commission through the legislation that this is the policy it is to apply. It only makes sense. Imagine dealing with the scenario we discussed earlier. The President of the High Court has recused himself from the process and allowed his...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: In view of that, I will not be pressing my amendment.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: Yes.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: Which amendments are being discussed together?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: Why are we discussing my amendments with the Minister's? They have nothing to do with the provisions of amendments Nos. 94 and 95.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: Amendments Nos. 96 and 97 relate to a different topic.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: They are quite separate and we should deal with them separately.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: In amendments Nos. 94 and 95, the Minister is putting in place the necessary outworking of his policy in respect of recusal. I ask him to explain what happens if the President of the High Court or the President of the Court of Appeal applies for judicial office. Is that covered already?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: There may be a hole in the Minister's amendment.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: Section 47(3) states: "The person shall take no part in the performance by the Commission of the particular function and, accordingly, shall neither attend any meeting of it held for the purpose of the performance of the particular function nor cast any vote in relation to any decision falling to be made by it for that purpose." We are now, through amendment No. 95, putting in subsection...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: Would it not be better, in the circumstances, to withdraw this amendment?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: It is unsatisfactory that the Minister is proposing to provide a different regime for the presidents of the two lower courts than for the presidents of the two higher courts. If there is going to be a rule, it should apply to all of the presidencies. This amendment should be withdrawn and re-submitted.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Apr 2019)

Michael McDowell: I am not trying to be difficult but the important point is that the Minister has said that is a special committee regime for appointment to the position of President of the High Court or President of the Court of Appeal. That is the model the Minister has proposed for section 44. This is different. This is dealing with the President of the High Court becoming an ordinary judge of, say, the...

Seanad: An tOrd Gnó - Order of Business (9 Apr 2019)

Michael McDowell: I want to raise two matters today. One is the publication, in the name of the Leader on 27 March 2019, of a Bill from the Department of Justice and Equality in respect of gaming and lotteries. The bottom line of this Bill is that the Gaming and Lotteries Act 1956 is to be amended so as to take the right to decide whether to permit gaming casinos and amusement halls in their areas away from...

Seanad: An tOrd Gnó - Order of Business (9 Apr 2019)

Michael McDowell: Local authorities have few enough powers. One of them is to determine whether the people who live in the local authority area are to be subject to a rash of gaming machines appearing in that area. In addition, we do not need gaming machines. They add nothing to the sum total of happiness-----

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