Results 15,521-15,540 of 18,736 for speaker:Michael McDowell

Seanad: Project 2040 and Transport Matters: Statements (20 Sep 2018)

Michael McDowell: It has been criticised by everyone.

Seanad: Thirty-seventh Amendment of the Constitution (Repeal of offence of publication or utterance of blasphemous matter) Bill 2018: Second Stage - An Bille um an Seachtú Leasú is Tríocha ar an mBunreacht (Cion a aisghairm arb éard é ní diamhaslach a fhoilsiú nó a aithris) 2018: An Dara Céim (20 Sep 2018)

Michael McDowell: This proposal to amend the Constitution is something which needs much more consideration than it has been given in public for a number of reasons. If one looks at the entire section of the Constitution and the article to do with free speech, it is quite clear that free speech and freedom of expression are guaranteed, subject to public order and morality. It is not an unqualified right of...

Seanad: Thirty-seventh Amendment of the Constitution (Repeal of offence of publication or utterance of blasphemous matter) Bill 2018: Committee and Remaining Stages - An Bille um an Seachtú Leasú is Tríocha ar an mBunreacht (Cion a aisghairm arb éard é ní diamhaslach a fhoilsiú nó a aithris) 2018: Céim an Choiste agus na Céimeanna a bheidh Fágtha (20 Sep 2018)

Michael McDowell: I wanted to debate section 2.

Seanad: Thirty-seventh Amendment of the Constitution (Repeal of offence of publication or utterance of blasphemous matter) Bill 2018: Committee and Remaining Stages - An Bille um an Seachtú Leasú is Tríocha ar an mBunreacht (Cion a aisghairm arb éard é ní diamhaslach a fhoilsiú nó a aithris) 2018: Céim an Choiste agus na Céimeanna a bheidh Fágtha (20 Sep 2018)

Michael McDowell: I wanted to discuss this further, however. The Minister of State indicated in his speech that he intends to repeal the criminalisation of blasphemy. I should say that when I introduced a Bill to replace the Defamation Act 1961 I, as Minister for Justice, Equality and Law Reform, included nothing in respect of blasphemy, although I understand that a subsequent Attorney General was of the...

Seanad: Thirty-seventh Amendment of the Constitution (Repeal of offence of publication or utterance of blasphemous matter) Bill 2018: Committee and Remaining Stages - An Bille um an Seachtú Leasú is Tríocha ar an mBunreacht (Cion a aisghairm arb éard é ní diamhaslach a fhoilsiú nó a aithris) 2018: Céim an Choiste agus na Céimeanna a bheidh Fágtha (20 Sep 2018)

Michael McDowell: I do not want to have to table a Report Stage amendment but I think that when we are amending the Constitution we should discuss what we are doing.

Seanad: Thirty-seventh Amendment of the Constitution (Repeal of offence of publication or utterance of blasphemous matter) Bill 2018: Committee and Remaining Stages - An Bille um an Seachtú Leasú is Tríocha ar an mBunreacht (Cion a aisghairm arb éard é ní diamhaslach a fhoilsiú nó a aithris) 2018: Céim an Choiste agus na Céimeanna a bheidh Fágtha (20 Sep 2018)

Michael McDowell: Unfortunately, I did not-----

Seanad: Thirty-seventh Amendment of the Constitution (Repeal of offence of publication or utterance of blasphemous matter) Bill 2018: Committee and Remaining Stages - An Bille um an Seachtú Leasú is Tríocha ar an mBunreacht (Cion a aisghairm arb éard é ní diamhaslach a fhoilsiú nó a aithris) 2018: Céim an Choiste agus na Céimeanna a bheidh Fágtha (20 Sep 2018)

Michael McDowell: I did not have the text of section 2 in front of me. When I was speaking I did indicate that I intended to return to the matter at a later Stage in the debate.

Seanad: Thirty-seventh Amendment of the Constitution (Repeal of offence of publication or utterance of blasphemous matter) Bill 2018: Committee and Remaining Stages - An Bille um an Seachtú Leasú is Tríocha ar an mBunreacht (Cion a aisghairm arb éard é ní diamhaslach a fhoilsiú nó a aithris) 2018: Céim an Choiste agus na Céimeanna a bheidh Fágtha (20 Sep 2018)

Michael McDowell: That is fair enough. May I make the following point? If the Minister of State does proceed with his stated intention to repeal the provisions of the Defamation Act he will be saying that nobody, in any circumstances, can ever be prosecuted for publishing anything which deeply offends the religious sensibility of the Christian faith in Ireland no matter how gross the offence is. No matter...

Seanad: Thirty-seventh Amendment of the Constitution (Repeal of offence of publication or utterance of blasphemous matter) Bill 2018: Committee and Remaining Stages - An Bille um an Seachtú Leasú is Tríocha ar an mBunreacht (Cion a aisghairm arb éard é ní diamhaslach a fhoilsiú nó a aithris) 2018: Céim an Choiste agus na Céimeanna a bheidh Fágtha (20 Sep 2018)

Michael McDowell: I want to make a few observations. Indecency is as flexible a concept as blasphemy. There were times when people who doubted and publicly refuted the biblical explanation of the garden of Eden and the story of Adam and Eve were accused of blasphemy. Obviously blasphemy as a concept is one which has changed with the passage of time, as has indecency. There is no doubt about that. The mere...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Sep 2018)

Michael McDowell: There are a number of aspects of section 15 which I dealt with on the previous occasion and I do not propose to repeat myself. Subsection (5) states: "The quorum for a meeting of the Commission shall, unless the Minister otherwise directs, be 9 members, 5 of whom shall be lay members." I am interested in hearing the Minister's response to my question. If the Minister gives a direction that...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Sep 2018)

Michael McDowell: I know that is what the Minister wants to do, but I am just wondering whether it is a requirement to do that. Is it his view of this section that one would be required to have a lay majority for a quorum or is it just a policy issue?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Sep 2018)

Michael McDowell: In those circumstances I will simply reiterate my objections to the requirement that the chairperson should be a lay member and that a deputy chairperson should be a lay member. It seems to me that it is not necessary that that should be the case but we dealt with it fairly exhaustively on the previous occasion.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Sep 2018)

Michael McDowell: The Senator said his diminutive group may have voted the wrong way but it would not have made any difference.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Sep 2018)

Michael McDowell: I move amendment No. 50:In page 15, lines 6 to 8, to delete all words from and including "of" where it secondly occurs in line 6 down to and including "determines" in line 8.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Sep 2018)

Michael McDowell: I move amendment No. 52:In page 15, lines 14 to 16, to delete all words from and including ", the" in line 14 down to and including "determines" in line 16.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Sep 2018)

Michael McDowell: It occurs to me that this would be a necessary provision and that the amendments the Minister is making are acceptable as tidying up amendments. No matter what view one takes of the commission, these provisions would have to be in place. It is hard to see how they could be opposed on their merits, even if one has strong reservations about the fact that some of the officeholders are deemed...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Sep 2018)

Michael McDowell: I have no objection to amendment No. 57.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Sep 2018)

Michael McDowell: I note that section 18(2) states: "Where a member of the Commission referred to in subsection (1) dies, resigns, is removed from office or otherwise ceases to hold office the casual vacancy so occasioned shall be filled in like manner as the manner in which the member who occasioned the vacancy was appointed, and the person appointed under this subsection shall hold office for that period of...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Sep 2018)

Michael McDowell: On the last point raised by Senator Ivana Bacik, it could be argued that section 15(7) deals with the commission continuing to function, notwithstanding the fact that there is a vacancy in its membership, but it appears that section 18(2) is mandatory. I do not know what kind of person would go through the business of applying to the Public Appointments Commission, being vetted and then...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Sep 2018)

Michael McDowell: I remember very well that in this House filling vacancies for very small periods is invaluable for certain purposes, but I do not think it would make much sense to do so in this case to make it mandatory.