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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: This cannot apply where the Minister says, "I anticipate that we will choose this judge; therefore, I will ask the commission to seek applications for the vacancy she will leave behind her." That is not provided for in this legislation and it will not work. There is method in people's madness sometimes and there are reasons things are as they are. One very good reason the Judicial...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: Yes, but-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: Sorry, hold on a second, Minister. I know what I am talking about here, and that is-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: If the Leas-Chathaoirleach would let me finish this sentence I will then report progress.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: It has nothing to do with "ad hocery".

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: It is a considered Cabinet decision making provision for the situation it has just created. I want to make it clear that what the Minister is proposing will create a six-month delay where there are two follow-on appointments. We will be dealing with it at great length on the next occasion so the Minister can relax as he will have plenty of time to deal with it.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: On the previous occasion I was asking the Minister about the massive hole that this proposal, as it currently stands, will make and the major delay it will create in the filling of judicial vacancies. I understand Senator Craughwell wishes to contribute.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: I was just trying to work out how bad this particular lacuna in the Bill is going to turn out to be and what inefficiencies will be created by it. If for whatever reason - illness or whatever else - the position of Chief Justice were to fall vacant tomorrow, supposing it did, regarding the procedure going to be put in place to fill that position, and as I understand it at the moment, every...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: Hold on a second. Just wait and see. I will come to that. The Minister is misreading the amendment.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: I know what the amendment is about.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: The Acting Chairman should not try to hassle me. I am-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: The Chair is doing so.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: This is a Committee Stage process-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: -----and the Minister, if he thinks I am making a mistake, is perfectly entitled to point that out.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: -----and I am entitled to respond-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: The amendment states, "Notwithstanding the provisions of section 40, nothing in this Act affects, limits or inhibits the right of the Government in any case where it advises the President to appoint any member of the Supreme Court [...] to any judicial office". Therefore, it does apply to a member of the Supreme Court being made Chief Justice, for instance. Let us get that straight. With...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: He is misreading it, unfortunately.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: Yes. This reminds me of F.E. Smith, Lord Birkenhead. I saw him on television last night or the night before on the RTÉ programme "The Irish Revolution". He was in court on one occasion and a judge said to him that he had been listening to him for the preceding two hours and was none the wiser. F.E. Smith said he agreed but that the judge was better informed. This amendment deals...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: -----because it would pre-empt the whole idea.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: This would suggest that the Government had already made up its mind about who it wanted to appoint.

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