Results 15,201-15,220 of 18,736 for speaker:Michael McDowell

Seanad: Criminal Justice (Corruption Offences) Bill 2017: Report and Final Stages (30 May 2018)

Michael McDowell: I wish to give a brief reply to the Minister. I made a submission to the LRC in 1992. In 2001, the then Minister for Justice, Equality and Law Reform, Mr. John O'Donoghue, brought the Criminal Justice (Theft and Fraud Offences) Bill through the House. He took the view, on the advice of the then Attorney General, as I understand it-----

Seanad: Criminal Justice (Corruption Offences) Bill 2017: Report and Final Stages (30 May 2018)

Michael McDowell: -----that it was inappropriate to attempt to impose a summary jurisdiction against the wishes of an person accused of theft or fraud. That is the up-to-date position. The other position has not changed. A conviction for dishonesty of any form disqualifies one from holding at least 100 positions, according to statute law. I note the Minister's comment that a minor offence of corruption...

Seanad: Small and Medium Enterprises: Statements (19 Jun 2018)

Michael McDowell: Cuirim fáilte roimh an Aire Stáit chuig an Teach seo. Tréaslaím le Seanadóir Ó Céidigh as an díospóireacht tábhachtach sin a spreagadh. Ba mhaith liom cúpla focal a rá i dtaobh trí ábhar - costais árachais, rátaí agus Brexit. With regard to insurance costs, it is the case that approximately 14 years ago...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: Uno duce, una voce.

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: This Bill has travelled a very rocky road to this House and it comes here in a fragile state. It is internally contradictory and some of the principles set out in the first version of the Bill to be presented to Dáil Éireann by the Government have been seriously compromised. I intend to be constructive and participate in the debate in such a manner. I agree with the previous...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: -----rather than a well-considered view of what is needed in the appointment of judges. That was absolutely confirmed for me when I discovered in last week's edition of The Sunday Timesthat his extremely ill-considered proposal to have a committee of Dáil Éireann vet all judicial appointments, with the majority being Opposition Members, was placed before him for negotiation with...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: -----blood lust and ego in this matter. Let us be clear about what is being proposed. There is nothing wrong with the idea of a judicial appointments commission. There is nothing at all wrong with having lay people on it. If the commission comes up with a list of people, there is nothing wrong with it expressing preferences in order of choice. These are not wrong in principle. Where the...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: Yes. The three other judgments were delivered by more conservative members of the Supreme Court.We must remember that when the Government - and it is only the Government that can do so under the Constitution - decides who should or should not be appointed to the Supreme Court, it is making political decisions. It is pointless to pretend otherwise. I am in the happy position of having been...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: She was a very fine judge as well. I want to make it very clear that the process by which the Supreme Court is composed falls, in the final analysis, to the Government of the day to decide. The Government decides whether it wants liberals or conservatives, people who are pro-life or pro-choice or people who are pro-European or pro the rights of Ireland under the European treaties. These...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: That group will rank people in order of choice, be it Michael McDowell, Ivana Bacik, David Norris or whomever. That is the choice of the group, but the Government might believe that the choice made is completely wrong. A procedure that is perfectly reasonable and defensible in terms of international practice is being applied to the Irish Supreme Court under our Constitution. Our Supreme...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: -----because it is designed to subvert the capacity, duty, right and the autonomy of the Government to make decisions about who should be Chief Justice and who should not. There are good things in this Bill. I am not going to pretend that it is all bad. The principle of an open and fair method for people wanting to be appointed to the Judiciary to go to a neutral body for evaluation before...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: We have to ask ourselves whether we are going down the road of making it more or less likely that our Supreme Court, High Court and Court of Appeal in future will consist of the type of people who should be there. Will people who are in the position of, for example, Mr. Niall McCarthy, go through a process of applying to a lay group to be considered for appointment? Is it not better that...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: -----these are profoundly political decisions for which elected politicians must be primarily responsible. Therefore, in that spirit, I will not oppose this Bill on Second Stage.

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: This is to allow the debate to continue.

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: I am sure that it will be opposed but I will not oppose it on Second Stage to show that I have some goodwill left towards the good parts of the Bill. I make this gesture on the basis that I hope that this House will live up to its constitutional responsibilities to examine this legislation very carefully and will not be bullied, bounced or blackmailed by one tail wagging the governmental...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: Comrade Ross.

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: He had the undivided Trinity College Dublin vote.

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: The Minister, Deputy Ross, has vetoed appointments for the past year and the Government has limped through it.

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: It is about liberal and conservative.

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: It is.