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Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: If the committee divides on the same lines on the adoption of the report, what would the situation be then?

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: If we have another session and the committee splits 50:50 on the adoption of the report, would it be adopted?

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: What would happen?

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: I am trying to save time for the committee. The amendments in my name regard the basic principle of the Bill. If the committee is not going to reach decisions favourable to my amendments today, there is not much point in debating them in the light of the numbers. Perhaps we should briefly explore whether any of the amendments could be made by consent and then come back to consider the...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: If the committee is going to split 50:50 on each amendment, I will withdraw my amendments.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: My proposal is------

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: I am prepared to withdraw the amendments in my name. I have not spoken to the Minister of State on the matter but perhaps he would be willing to do the same and the committee could take a simple decision on whether it adopts the report------

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: ------without amendment. If it is not adopted, that is the end of the matter.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: Perhaps the Chairman will indicate whether I am right in my understanding that the Bill is still with this committee.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: It is open to us to look at the Bill again and to say we want a different report setting out the circumstances in which the Bill might be proceeded with, perhaps after being amended in a certain way.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: If somebody draws up a report of that kind, we could reconsider the matter at a future stage. It is not as if the Bill has been killed stone dead.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: A different report will have to accompany the Bill to the Dáil. That report could recommend that the Bill should go to the next stage subject to certain changes.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: I did not suggest that.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Dec 2018)

Michael McDowell: I have said all I wanted to say on the amendment.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Dec 2018)

Michael McDowell: To some extent, the amendments in the name of Senator Bacik and her colleagues and my amendments are, if not diametric opposites, quite different in some respects. The effect of section 39, as it currently stands, is that a person, including a person who is, for the time being, a serving judge or relevant officeholder, who wishes to be considered for appointment to judicial office is obliged...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Dec 2018)

Michael McDowell: Except the application under section 39(2) must be pursuant to-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Dec 2018)

Michael McDowell: In response to that invitation, I agree with the Minister in one sense that there are good and sound reasons the presidencies of those three courts should have nothing to do with the commission. I agree with him on that very bare proposition. I go one stage further and say I can see no reason the commission should have anything to do with the selection of somebody to be an ordinary judge of...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Dec 2018)

Michael McDowell: Formally or informally, it does not make much difference; if someone gets the tap on the shoulder it is the same thing. If the Attorney General asks someone to put their name forward for consideration, implicit in that is confidence that they are not wasting their time in doing so. I go one stage further. When that happened in cases of which I had experience, I was always very careful...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Dec 2018)

Michael McDowell: I think I am right in saying that the Minister has said that any amendment of this Bill, which had the effect of saying that in the case of ordinary appointments to the Court of Appeal from the High Court or to the Supreme Court from the High Court or Court of Appeal, to exempt those type of appointments from the purview of the commission would be against the spirit of this Bill. I am glad...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Dec 2018)

Michael McDowell: Does the Minister think that actually means they will be told whether they were short-listed?

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