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

Michael McDowell: Before I cede the floor to Senator Norris, the mere fact that there is Cabinet confidentiality cannot be used as a hood and wink basis for the Attorney General to impart, behind the secrecy of the Cabinet room, information which it would be a crime for him to divulge. In other words, we cannot say Cabinet confidentiality allows the Attorney General of the day to commit a criminal offence. I...

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

Michael McDowell: On a point of order, it is not in order for the Minister to suggest to this House how it should order its business-----

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

Michael McDowell: -----especially when the Business Committee has decided that the House will not sit next week. The Minister knows that when he makes this futile suggestion.

Seanad: Perjury and Related Offences Bill 2018: Second Stage (24 Oct 2018)

Michael McDowell: I congratulate Senator Ó Céidigh on his persistence and determination in bringing this Bill forward. It is one thing to say that one will do something but quite another to do the necessary work. I echo his words regarding the gratitude owed to the Office of the Parliamentary Counsel, which is open to Members of the Oireachtas, for the remarkable work that has been done. When we...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (6 Nov 2018)

Michael McDowell: Senator Norris referred to amendment No. 90 in my name, as it arose in discussion. The Senator referred to missing words in subsection (2) of the amendment. I do not know how they are missing; it is probably my fault and I do not blame the Bills Office. I ask that the amendment of the text-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (6 Nov 2018)

Michael McDowell: No, because we are discussing it now and I do not want to propose nonsense. I believe there is a slip rule for minor matters.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (6 Nov 2018)

Michael McDowell: Perhaps when we get to that amendment. That is fair enough.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (6 Nov 2018)

Michael McDowell: I would just like to make a few points. In the intervening period I have considered what the Minister frankly admitted to be his understanding of the proposed impact of the legislation, including his amendments to sections 27 and 28, and the inclusion of the Attorney General as a member of the commission. I have spoken to persons high and low about the suggestion that it should be a...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (6 Nov 2018)

Michael McDowell: I was talking about the past. I was not suggesting there is such correspondence now.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (6 Nov 2018)

Michael McDowell: I have heard what the Minister has said. What he intends this legislation to achieve is now clear. He intends that the Attorney General should be prohibited on pain of committing a criminal offence from imparting to the Cabinet the identity of unsuccessful candidates in the commission. The Minister says that this is appropriate because to excuse the Attorney General from any such...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (6 Nov 2018)

Michael McDowell: I want to put it on the record that the Minister has informed the House that he believes unsuccessful candidates will be notified of that fact. If that is the case, it will have to be made very clear on Report Stage. We cannot treat this as something that the Minister hopes for, but the commission can decide not to do. Is it the case that those who will be shortlisted will be notified of...

Seanad: Withdrawal of the United Kingdom from the European Union: Statements (6 Nov 2018)

Michael McDowell: I welcome the Tánaiste to the House and I welcome the substance of what he has said. It is important that he gets to say, other than in the context of a hostile interview or in an editable form, exactly what the situation is. He has done so admirably. I welcome in particular and agree completely with Senator Marshall's comments on the position of the Government. It has not been...

Seanad: Order of Business (8 Nov 2018)

Michael McDowell: I would be impressed by Senator Lawless's or rather Senator Lawlor's generous offer to-----

Seanad: Order of Business (8 Nov 2018)

Michael McDowell: -----sit here until midnight or whenever if he had sat through any of the other debates.

Seanad: Order of Business (8 Nov 2018)

Michael McDowell: I would be doubly impressed if he had contributed one word on this Bill and I would be trebly impressed if I had any evidence that he has read one line of this Bill.This Bill has nothing to do with false claims.

Seanad: Order of Business (8 Nov 2018)

Michael McDowell: That was dealt with in 2004 by means of the Civil Liability and Courts Act, which introduced lengthy provisions for countering false personal injuries claims. Furthermore, Senator Ó Céidigh took an initiative in this House to strengthen the law on perjury. If Senator Lawlor is so keen on doing something, let him make available some Government time to deal quickly with Senator...

Seanad: Order of Business (8 Nov 2018)

Michael McDowell: I am referring to Second Stage and Committee Stage. The Government should commit to it, rather than saying that the Department-----

Seanad: Order of Business (8 Nov 2018)

Michael McDowell: -----of Justice and Equality wants to think about it-----

Seanad: Order of Business (8 Nov 2018)

Michael McDowell: ----- and will come back to Senator Ó Céidigh on it. Let us be clear about what we are discussing. This legislation has nothing to do with false claims. On the Order of Business, I see no reason for the Judicial Appointments Commission Bill to be the subject of an extended debate today. We should stick to our ordinary procedures. Therefore, I propose that the debate on No. 3...

Seanad: Order of Business (8 Nov 2018)

Michael McDowell: We might get through the Order of Business first before we start with the apologies.

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