Results 15,401-15,420 of 18,736 for speaker:Michael McDowell
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: So one class of person can be there under a casual contract, and the other can be there as a consultant or adviser, with a subsection (10) appointment, but both of them can carry out the exact same functions under subsection (8), and both of them are deemed eligible and capable of carrying out either of those functions. Let us be clear about this. Senator Norris's point was 100% correct.It...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: -----limited liability companies, on the one hand, and appointed consultants or advisers. This is of huge significance because one then goes to the three things that are permissible under subsection 8. The first is in paragraph (a), which differs from paragraph (b). By the way, these functions have no parallel whatsoever in the provision for the Legal Services Regulatory Authority. If...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: It would be very interesting to do so. In any event, these two functions are without parallel in the Legal Services Regulatory Authority and they go to the heart of the function of the commission. The first is to advise and assist the commission in its consideration of applicants at a preliminary stage in the course of the selection procedures. In this provision, it is to do two things,...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: I think it is diversity among the citizenry. There is to be a preliminary stage and there would have to be such a stage where people go through the applications to see whether applicants are starters or non-starters. I do not see why staff in the commission cannot do that. I do not see why one would want to bring in temporary staff or a company on contract or appoint an accountancy or HR...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: Exactly.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: It clearly would not overrule the commission. Nobody is suggesting that but we are saying that if we adopt this measure, people who are seeking appointment to the High Court are implicitly agreeing to the proposition that not merely will the independent commissioners evaluate them, but that other parties under contract or appointment will carry out an evaluation of their merits or demerits...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: While the evaluation function will not be overridden, it does not get the Minister off the hook to say that it is purely assistance. If there is such an evaluation process, it goes utterly to the heart of this legislation that decent men and women seeking appointment to the Bench will be asked to be evaluated by third parties as to their suitability.The third parties are the persons,...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: The Minister cannot just keep hiding in the bushes of obscurity on this issue. What kind of money will be given to the people appointed to the commission? If they are to be paid €30,000 or €40,000, it will attract one kind of person and if they are to be paid €9,000, like the members of some semi-State boards, it will attract another kind. There is no doubt, however,...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: -----and that Senator Michael McDowell is-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: -----unsuitable.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: The Minister has to understand the nature of the animal we are creating, the commission, will very much depend on the kind of person appointed to it. The nature of the kind of person who will look for appointment to it and who will be suitable for appointment very much depends on the commitment that will be expected from him or her. We know that the role is to be part-time, but "part-time"...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: Unfortunately, I cannot compete with some Members in their extensive commercial interests elsewhere, but I do manage-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: I am making the point that we have to understand the function and very nature of the commission will be determined by the extent to which consultants do its work for it. Are they to "assist" and produce reports for it or will the actual commissioners be expected to do the work of evaluation themselves de novo? I am now thinking of real circumstances such as the appointment of somebody to be...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: ----even if the appointment creates a problem for me personally in that he and I share offices. He is, however, an excellent appointee. I shall not name him to avoid embarrassing him.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: He, probably-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: I am confident that my close association with the man in question had nothing to do with his appointment, although I have to say I do consider him to be a friend.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: I warmly congratulate him on his appointment and the Minister and his colleagues on making the appointment.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: We agree on it, but the point I want to make is that someone in the position of practising barrister or solicitor who henceforth contemplates applying to the commission for appointment will be entitled to know who will be evaluating and scrutinising him or her before the process starts or will not be so entitled. As legislators, we are entitled to know what kind of person will be given this...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: Someone will have to decode the meaning of the following paragraph which seems to limit what can happen under subsection (8). It states, it "shall not enable the person [that is, a contractor], consultant or adviser, for the purpose of performance by the Commission of that function, to do any other thing".
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)
Michael McDowell: That is all news to me.