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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: For the benefit of Senator Norris, if he does not have the list of amendments, this amendment proposes to insert a new subsection which states: "The Government may prescribe a time period within which the Commission may make its recommendation in respect of any particular vacancy or apprehended vacancy and the Minister shall inform the Commission of any such time period when requesting the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: I am grateful to the Senator for his careful analysis of what he said is a deficiency of my drafting-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: Yes, but may I make two points which may encourage the Senator to be more supportive of the amendment in its current form? First, I ask him to look at the terms of subsection (2) of the proposed section, which states: "The Commission shall make any recommendation within the time period prescribed by the Government pursuant to subsection (1)." It does not leave it open to the commission, on...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: Yes, the queen of the "may". The reason I have to do that is that the commission is not obliged to make a recommendation if it does not consider anybody as suitable. Therefore, it could advise the Government that in a particular case it is not in a position to make a recommendation. It is not automatic there will always be a recommendation and the Bill deals with a situation where the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: While thanking Senator Norris for his scrupulous examination of my amendment, it is at least defensible-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: -----and may actually attract his support in its present form.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: I thought in my innocence that I persuaded Senator Norris of the merits of my amendment.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: The Minister seems to be in doubt about this.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: This will probably require-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: -----Senator Norris to make a formal statement of this position and he may require a reasonable audience to make that statement since it is an important issue but I am not suggesting anything to him. In any event-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: There we are.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: I was going to say the Minister has stated he is confident that various things will happen. I am not confident for the following reason. It is not that I doubt in any way the bona fides of the members of the commission, if it is ever established or if it ever comes into operation. Equally, it is not that I doubt that they will appreciate there must be some degree of urgency about their...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: Section 43 is reasonable as it stands. I do not think anybody could object to it. However, it is too narrow in its scope and the Government should have-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: I will not be long. It is amusing to see Senator Conway tripping himself up.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: The commission is obliged by this section to give particulars of the education, professional qualifications, experience, character and where applicable the records of any interviews held by the commission in respect of the person. This is in respect of a person who it has recommended. As part of the starvation by Government of the information as to whom the non short-listed people are and...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: I move amendment No. 90:In page 30, between lines 2 and 3, to insert the following: “44.(1) This section applies to the following judicial offices:(a) the office of Chief Justice; (b) the office of the President of the Court of Appeal; (c) the office of the President of the High Court; (d) the offices of membership of the Supreme Court and the Court of Appeal other than those...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: I move amendment No. 91a:In page 31, to delete lines 6 to 12. I do not see how amendments Nos. 91a and 91b are related as they are on different topics. I would prefer if we were to discuss them separately.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: By whom?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: I do not see how they are related.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: To be honest, I do not see how they really are related to each other.

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