Results 16,021-16,040 of 18,736 for speaker:Michael McDowell

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Michael McDowell: No. It was a fair division and I was denied it.

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Michael McDowell: All I am saying is the minutes were not properly counted.

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Michael McDowell: My view is very simple. I believe the vast majority of children who become pregnant will do so as a result of crime. The exact circumstances of that crime, and whether the perpetrator was related to the child, connected to her, in a position of dominance or whatever, are irrelevant or simply a matter of casual connection. These are not matters of interest to me. I am looking at this...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Michael McDowell: The girl is a victim.

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Michael McDowell: Unawareness.

Seanad: Order of Business (12 Dec 2018)

Michael McDowell: The first thing I wish to mention this morning is that in the course of yesterday afternoon and evening, the Seanad reform implementation group completed its work. I hope to be in a position to circulate to the Taoiseach and to Members of the Oireachtas the final text of our work within the next seven days. I wish to take this opportunity to thank the Members of this House for their...

Seanad: Order of Business (12 Dec 2018)

Michael McDowell: As this House is aware, there are two Houses in the Oireachtas. It is likely that the Bill will be introduced in Dáil Éireann so that we will have the views of the people's direct representatives on the matter before we get to see it in this House. In the end, the people of Ireland voted to retain Seanad Éireann. The members of the implementation group took that mandate to...

Seanad: Order of Business (12 Dec 2018)

Michael McDowell: It may not proceed, but that is what we are witnessing. While sympathy may go to a person who is battling for a particular position, nonetheless it should be remembered that Mrs. May has set her face against allowing the British people to have a final say in whether they do or do not want to leave the European Union on the terms she has negotiated. I want to put on the record that from my...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: On the previous occasion we were discussing the meaning of section 37, insofar as it disapplies Chapters 1 and 2 of Part 7 of the Bill to a judicial office to which section 44 applies. This means it disapplies the provisions of sections 38 to 43, inclusive, to the offices of Chief Justice, President of the High Court or President of the Court of Appeal. This would be all very well, except...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: I am glad to hear what the Minister has said. The more I have reflected on section 44 and on whether it should be wide or narrow or should apply purely to the Chief Justice, the President of the Court of Appeal and the President of the High Court rather than to ordinary members of those courts, the more convinced I have become of the merits of making the broader case which I have made. I...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: -----from the Court of Appeal or the Supreme Court. I am not saying, for reasons of intellectual snobbery or any such reason, that the members should not apply to the judicial appointments commission.It is because nobody should be on one of those courts who is not capable of functioning when invited on the Court of Appeal or the Supreme Court. There are not two tiers of Judiciary in the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: Exactly.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: The legislation would require the candidate to be selected as one of a list of three to be appointed to a vacancy. I believe that the entire High Court is a shortlist for appointment to the Court of Appeal and under the Constitution the entire High Court and the Court of Appeal are the shortlist for appointment to the Supreme Court. We do not need some further evaluation. We do not need...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: Having said all of that, as far as I am concerned, the distinction between section 44 appointments as currently envisaged and other appointments is not valid for the reasons that I have explained. The only distinction I see is between serving members of the superior courts at all three levels who are ex officioqualified to function in the upper two courts and there should be no involvement...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: I move amendment No. 83a:In page 27, line 16, after "Part" to insert ", and notwithstanding the provisions of section 37". This amendment would provide that section 38, effectively, would not be disapplied by section 37. The structure of the Bill, as it currently applies, indicates that section 38 will not apply to senior appointments, whatever they may end up being, under section 44. By...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: It reapplies them.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: I did.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: I agree with Senator Norris that using the word "notwithstanding" is not as clear as simply saying the previous section does not apply to this section at all. The procedures of this House mean that if I were to propose an amendment saying that the previous section does not apply, I would be told that the House had just decided that it does apply and I would be seen to be asking the House to...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: There are a few things that I would like to say to the Minister before the Senator asks for a wider audience.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: If I may say so, the Minister is my audience on this occasion. I agree with the Minister that the positions of Chief Justice, President of the Court of Appeal and President of the High Court are different from the ordinary positions in those courts. That is because the Chief Justice, for instance, has significant other functions, such as chairing the Courts Service, and various other...