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Seanad: Health (Scoliosis Treatment Services) Bill 2024: First Stage (29 May 2024)

Michael McDowell: I move: That leave be granted to introduce a Bill entitled an Act to impose on the Health Service Executive certain special duties and powers in relation to the establishment of a specialised treatment service for the inpatient and outpatient treatment of children and adults of spinal scoliosis who are resident in the State and to confer certain duties and powers on the Minister for Health...

Seanad: Health (Scoliosis Treatment Services) Bill 2024: First Stage (29 May 2024)

Michael McDowell: Next Tuesday.

Seanad: Automatic Enrolment Retirement Savings System Bill 2024: Second Stage (28 May 2024)

Michael McDowell: I welcome the Minister. Senator Burke made the point that Paul Kenny, the former Pensions Ombudsman, and Colm Fagan, a very distinguished actuary, have a radically different proposal for managing pension funds of this kind from what is set out in the Bill. The proposal advocated by them received an international award for excellence when it was devised and published. Reading between the...

Seanad: Automatic Enrolment Retirement Savings System Bill 2024: Second Stage (28 May 2024)

Michael McDowell: It will apply to contributions.

Seanad: Automatic Enrolment Retirement Savings System Bill 2024: Second Stage (28 May 2024)

Michael McDowell: Yes.

Seanad: Nithe i dtosach suíonna - Commencement Matters: Postal Services (22 May 2024)

Michael McDowell: I am grateful to the Minister of State for taking this operation today. The background to this matter is a letter that I received on behalf of the Belgrave Residents’ Association regarding the proposed closure of Rathmines post office and its transfer of services to another location in the area which is, as yet, unknown. The matter is the subject of much disquiet in the locality. At...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Postal Services (22 May 2024)

Michael McDowell: I looked very carefully the text of the Minister of State's speech, which states that Rathmines post office is being converted from An Post-operated to contractor-operated, but the question I asked is about whether the building is going to be closed. I also asked, to use the phrase that was used by An Post, if another premises will be opened, which will be "a bright, modern purpose-fitted...

Seanad: Waste Management: Statements (22 May 2024)

Michael McDowell: I thank the Labour Party for introducing this motion. I support what Senator Boyhan said. I believe in competition. It works better than the municipalised system used to work. Nobody has talked about the economics of what is proposed in the motion. Nobody has said it will be cheaper for householders if the system is municipalised. Nobody has put forward any quantification of the...

Joint Oireachtas Committee on Justice, Defence and Equality: Property Services Appeal Board: Chairperson Designate (21 May 2024)

Michael McDowell: I am sorry I was late. I was at the Seanad procedures committee meeting which clashed with this. I am purely here to acknowledge Ms Donovan's presence and to wish her well in all her endeavours. I thank her for her statement.

Joint Oireachtas Committee on Justice, Defence and Equality: Property Services Appeal Board: Chairperson Designate (21 May 2024)

Michael McDowell: As a formula people feel insulted by it, but it is given a case law meaning of "bound to fail". No matter how properly annoyed a person may be, if they are bound to fail they are deemed to be frivolous and vexatious. Frivolity is not a word that we would choose in the 21st century.

Seanad: An tOrd Gnó - Order of Business (1 May 2024)

Michael McDowell: I share with the Cathaoirleach a devotion to Marty Whelan and the other great presenters on Lyric FM. On one occasion, he recounted a story about a three-legged dog going into a saloon in America. The bartender said, "What are you doing here? We don't serve dogs". The dog replied, "I'm looking for the man who shot my paw". That always stuck with me. On a serious note, the Joint...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: I welcome our speakers today. There are a number of points I want to throw out there. Are there any of the regulations that anybody who is critical of the entire package actually favours? The Houses of the Oireachtas are being given a job lot: adopt the whole thing or nothing. I do not know about the legality and the constitutionality of this since they are all separate options. Are any...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: The EU resolution is for us to opt in for the whole lot. I do not know whether that is lawful constitutionally because each measure has to be separately voted on, but that is another issue. I am just wondering is there anything where the NGOs could say, for example, that the Eurodac regulation has no particular problems, or whatever.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: On the border procedure, Senator Gallagher elicited from the Minister on the previous occasion that, in her view, 80% of applications for international protection were from people who had come to Ireland from the United Kingdom, and this was based on the proposition that they seem not to have gone through migration controls at ports and airports. Does the border procedure necessarily apply...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: I accept that the 20% recognition rate triggers certain consequences, but am I right in thinking it has to be part of the border procedure before that kicks in?

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: I see. Turning to Mr. Leonard, I do not know whether he was involved personally in the A and B case-----

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: Mr. Leonard can speak more freely about it, therefore. In that case, it seems that a lot of Ms Justice Phelan's findings went far beyond mere non-compliance with EU safe country criteria by the Minister's original determination and that there were other issues the judge parked, so to speak. Are they going to come back and bite us? Does Mr. Leonard have any insight into the capacity of the...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: It will not be a simple, technical Bill, therefore, that tweaks one little thing. If we are to deal with all the issues raised in the judgment, a lot of legislation will be involved. Does Mr. Leonard agree?

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: Will the Rwanda plan disappear as an issue, in Mr. Leonard's view?

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: If it does go ahead, however, and if the UK does start deporting people to Rwanda, are our courts going to say we will not deport people to the UK as a safe country?

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