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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Michael McDowell: Would be disappointed.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Michael McDowell: He has not read it.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Michael McDowell: I will be brief. Senator Higgins is ignoring the huge difference between Committee Stage and Report Stage. Senators can speak just once on amendments that are proposed on Report Stage, and that is the end of the matter. The time for us to look at criticisms of this legislation by GRECO, if there are such criticisms, is on Committee Stage.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Michael McDowell: We have made some progress on this Bill this evening, although less than I would have liked. I think we should see the GRECO report before we make any further progress with this Bill. The Minister seems to be sufficiently clued into the contents of this report - or draft report, as the case may be - to be in a position to tell Senator Craughwell he will be disappointed by its contents.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Michael McDowell: However, he is unable to tell us what is in the report and let us judge for ourselves whether we are disappointed by its contents.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Michael McDowell: I know that.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Michael McDowell: After Committee Stage has concluded.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Michael McDowell: There could be an incorporeal meeting of the Cabinet and a decision from that.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Michael McDowell: I move amendment No. 4:In page 8, lines 17 and 18, to delete "and includes the chairperson".

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Michael McDowell: I move amendment No. 6:In page 9, between lines 24 and 25, to insert the following:“7. Nothing in this Act shall be construed as limiting the advice the Government may give to the President with respect to the appointment by the President, under Article 35 of the Constitution, of a person to be a judge.”. This amendment echoes something the Minister said the other day in the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Michael McDowell: Exactly. It is certainly not-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Michael McDowell: It is certainly not the Minister who is here, but a Minister-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Michael McDowell: A Minister, whom I shall not name, said that the purpose of this Bill was to take the appointment of judges out of the hands of politicians.As I said yesterday, this is strange coming from a person who, when in opposition, proposed that a committee, consisting of Opposition politicians in the main, should decide who should be appointed to the Bench. He proposed an amendment to the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Michael McDowell: It is trying to pull the wool over the public's eyes on this matter.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Michael McDowell: I am glad Senator Norris is like a Greek chorus in this.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Michael McDowell: Anybody who puts as much effort as some individuals have done in order to get to the Cabinet table and park their feet under it, should not be there if he or she is not willing to accept responsibility and personal accountability for the appointment of judges. In the end, this legislation, in whatever shape or form in which it is passed, cannot transfer responsibility for the choice of...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Michael McDowell: That is the point. Upholding the Constitution-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Michael McDowell: It was an excellent intervention, if I may say so. I welcome that remark but the point is that the Constitution is what the Supreme Court says it is and it ultimately means what the Supreme Court says it means. Therefore everybody on any Supreme Court makes a declaration to uphold the Constitution and the laws. However, in the minds of different people who might or might not be appointed...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Michael McDowell: I have no idea whatsoever as to where this journey is likely to end. I accept the Minister is in a theoretical minority in this House but, because of the deal done with Sinn Féin, he is not really in that much of a minority. However, I think we are entitled to be informally told if the Minister does not intend to accept any of our amendments, if he intends to accept some or if he is...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Michael McDowell: I truly welcome the remarks made by the Minister. I will do what he asks, and not press the amendment now. As I explained, it is there to enable amendment No. 90 to have effect, and not to leave it high and dry if it was made by itself. I also welcome very strongly what the Minister has said about his relationship with the Association of Judges of Ireland, and his anticipated relationship...

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