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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: Indeed. It advocated a swift passage of the Bill and expressed anger at the time being taken to pass it through the Seanad. I am interested by the constant refrain from one member of the Cabinet regarding political cronyism in the system of appointment of judges.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: I ask the Minister to reassure me, the Members of this House and the public at large, including the Minister, Deputy Ross, that there is no political cronyism in the appointment of judges and that the present system of appointing high-quality judges is not in any sense tainted.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: I am happy to hear those reassurances from the Minister. I do not believe that he or the Cabinet of which he is a member currently partakes in any process involving political cronyism. I say that with sincerity because I have had the chance to observe the appointments that have been made, which I believe to be entirely on merit and above criticism. They cannot be legitimately targeted as...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: Section 24 is a standard and sensible provision. I am not in any way opposed to it. Obviously, there have to be annual accounts if there is to be any such body and it would be futile to oppose-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: It would be futile and wrong-minded to oppose accountability through annual accounts furnished to the Houses of the Oireachtas. I believe the wasteful expenditure of this body should be noted by Members of this House, if it ever gets up and running.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: This is a matter on which I have to express some divergence of opinion between myself and Senators Bacik and Norris.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: Yes, this is a divergence of opinion. It seems that section 25(1) is mandatory.Senator Norris is misreading the entire section if he makes the argument that subsection (4) gives discretion to the Minister and the commission to publish a report. Subsection (1) makes it quite clear that the commission shall, not later than three months after the end of each year, submit a report to the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: It seems to be to give the Minister some kind of power to tell the commission, once he or she has consulted with it-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: He may also provide it in a particular form and manner. I would not have too much objection to that because the Minister is accountable to Dáil Éireann and the body in question is, ultimately, accountable to the Houses of the Oireachtas, particularly Dáil Éireann, in respect of many of the matters with which it deals. The Minister should be in a position to require the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: The Constitution gives these choices to, and vests these discretions in, the Government. The Constitution trusts the Government to arrive at diversity and does not give a group of other people, or a statutory body, the right to critique the Government's performance.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: This amendment completely overblows the function of the commission and I will radically oppose it if Senator Norris tables an amendment on Report Stage.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: There are issues.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: One issue is the sexual orientation of members of the Judiciary.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: We do not want to know as it is a private matter for any judge. We do not want these things to be matters of debate, or the subject of reports stating there are not enough gay people in one court or too many in another.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: I was getting worried about Senator Norris. If anybody is tempted to oppose this section-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (16 Oct 2018)

Michael McDowell: This reminds me of the late Deputy Maurice Dockrell in respect of the legislation on contraception, which was famously voted against by the then Taoiseach. The Deputy said he was past it but for it.

Seanad: Death of Former Member: Expressions of Sympathy (24 Oct 2018)

Michael McDowell: It is a great honour for me to be able to participate in this tribute to the late Maurice Hayes and to do so in particular in the presence of his family, including his wife, Joan, his daughters, Clodagh, Margaret and Dara, and his sons, Garrett and Ronan, as well as their extended families and connections who are in the House today. Maurice Hayes was born in 1927 in Killough in County Down....

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: The Acting Chairman was so out of breath, I had difficulty following his announcement of the amendments in the group.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: I thought he was breathless with anticipation.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: I was having difficulty with the inclusion of amendment No. 90.

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