Results 15,661-15,680 of 18,736 for speaker:Michael McDowell
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: The Minister, Deputy Ross, introduced a Bill to amend the Constitution.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: He is a member of the Government, but he did it before he got into government.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: Semi-detached.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: It was from the Minister, Deputy Ross.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: I want to come in as well.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: Or non-shortlisting.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: Of what?
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: I would like to speak first.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: It may shorten things.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: I want to get on with the business of this House in as quick and expeditious a manner as possible.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: Everyone knows that. When I became Minister for Justice, Equality and Law Reform, the Cabinet handbook provided that when the justice Minister intended to propose someone to the Cabinet for appointment as a judge, he or she had to consult the Attorney General prior to doing do. I presume the Cabinet handbook still contains that provision. I think the rule is probably still in place.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: I do not think it is a secret. It is a well-known fact.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: No, sorry. I do not have a copy of it. I did not take it with me. It is the case-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: I want the reason for this requirement to be clearly understood. It was considered that the Minister should not suddenly propose to the Cabinet a name that he had not discussed in advance with the Attorney General. It became a procedural requirement that there should be consultation with the Attorney General of the day.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: The Attorney General when I served as Minister for Justice, Equality and Law Reform was the late Rory Brady.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: That situation existed at the time because the legal adviser to the Government - the Attorney General - was expected to be in a position to advise the justice Minister about his proposal, while also advising the Cabinet about the suitability of the person in question. The Judicial Appointments Advisory Board was in existence at the time. Maybe this has gone out of the Cabinet handbook since...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: Nobody is infallible in this area, and I do not claim infallibility here. However, I do believe that we must be in the realm of common sense. It is very clear to me that what we are proposing here is a legislative scheme to keep the members of the Government ignorant of the choices that are open to them. That is what it is about. Section 40, which states that nothing limits the advice of...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: Exactly. I am obviously not suggesting there was anything wrong with it. I am saying quite the reverse. The Government was working within its capacity to do that. However, this legislation would oblige the Minister to start the JAAB process, which will now be the judicial appointments commission, JAC, process, for any vacancy. The Cabinet would not be allowed to know the identity of...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: This is an obligation imposed on the procedures committee by subsection 5. Under paragraph (h), it shall have regard to "the need for good standards of communication with applicants for judicial office, and the provision otherwise of a good standard of service to them in respect of applications made by them under this Act".A very simple question arises. They have to acknowledge it. It...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)
Michael McDowell: I am sorry. I thought it might help to shorten the Senator's contribution.