Results 3,121-3,140 of 18,749 for speaker:Michael McDowell
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: Those are issues which concern me. I fully understand the need to open up a subhead in the Estimates. Towards the end of the year, it is conventional and utterly unobjectionable to put in a nominal amount and to thereby create the opening in the public accounts for the expenditure of a greater amount in the year to which the Estimates are likely to have effect. However, what does a start-up...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: Section 23(2) states, "This section is in addition to any other provision made by this Act with regard to the provision of funding for a particular purpose." How does that marry with section 30(2), which we have not yet examined? The latter subsection states, "The Office shall be funded by moneys provided by the Minister with the consent of the Minister for Public Expenditure and Reform."...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: It is stated the advances to the commission under section 23 are in addition to those moneys. Are we talking about the same moneys or different moneys? How is it that payments to the office are dealt with under section 30(2) and the advances to the commission are dealt with under section 23, which states the measure does not apply to other provisions in the legislation for the payment of moneys.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: I was surprised to receive an email during the week from a denizen of Dublin Rathdown who told me that he had received a leaflet through his letter box. The leaflet-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: Curiously, it did not address Stepaside Garda station, although I only received one side of it. It features pictures of myself and, curiously, my great friend, former Deputy Alan Shatter, and describes us as "the opponents". The point that caught my attention was that it stated that the system for appointing judges in Ireland is tainted by political cronyism. Is it-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: Indeed. It advocated a swift passage of the Bill and expressed anger at the time being taken to pass it through the Seanad. I am interested by the constant refrain from one member of the Cabinet regarding political cronyism in the system of appointment of judges.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: I ask the Minister to reassure me, the Members of this House and the public at large, including the Minister, Deputy Ross, that there is no political cronyism in the appointment of judges and that the present system of appointing high-quality judges is not in any sense tainted.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: I am happy to hear those reassurances from the Minister. I do not believe that he or the Cabinet of which he is a member currently partakes in any process involving political cronyism. I say that with sincerity because I have had the chance to observe the appointments that have been made, which I believe to be entirely on merit and above criticism. They cannot be legitimately targeted as...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: Section 24 is a standard and sensible provision. I am not in any way opposed to it. Obviously, there have to be annual accounts if there is to be any such body and it would be futile to oppose-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: It would be futile and wrong-minded to oppose accountability through annual accounts furnished to the Houses of the Oireachtas. I believe the wasteful expenditure of this body should be noted by Members of this House, if it ever gets up and running.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: This is a matter on which I have to express some divergence of opinion between myself and Senators Bacik and Norris.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: Yes, this is a divergence of opinion. It seems that section 25(1) is mandatory.Senator Norris is misreading the entire section if he makes the argument that subsection (4) gives discretion to the Minister and the commission to publish a report. Subsection (1) makes it quite clear that the commission shall, not later than three months after the end of each year, submit a report to the...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: It seems to be to give the Minister some kind of power to tell the commission, once he or she has consulted with it-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: He may also provide it in a particular form and manner. I would not have too much objection to that because the Minister is accountable to Dáil Éireann and the body in question is, ultimately, accountable to the Houses of the Oireachtas, particularly Dáil Éireann, in respect of many of the matters with which it deals. The Minister should be in a position to require the...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: The Constitution gives these choices to, and vests these discretions in, the Government. The Constitution trusts the Government to arrive at diversity and does not give a group of other people, or a statutory body, the right to critique the Government's performance.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: This amendment completely overblows the function of the commission and I will radically oppose it if Senator Norris tables an amendment on Report Stage.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: There are issues.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: One issue is the sexual orientation of members of the Judiciary.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: We do not want to know as it is a private matter for any judge. We do not want these things to be matters of debate, or the subject of reports stating there are not enough gay people in one court or too many in another.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)
Michael McDowell: I was getting worried about Senator Norris. If anybody is tempted to oppose this section-----