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

Michael McDowell: Yes, if no other Members want to speak, I will press it.

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

Michael McDowell: I move amendment No. 86h:In page 28, line 29, after "office" to insert the following:"(other than the office of the Chief Justice, President of the Court of Appeal, President of the High Court, President of the Circuit Court or President of the District Court)". One has to read section 41 to see where this fits in. The section states:(1) Subsection (2) applies where—(a) more than one...

Seanad: Personal Injuries Assessment Board (Amendment) (No. 2) Bill 2018: Committee and Remaining Stages (19 Feb 2019)

Michael McDowell: I also wish to express my concerns regarding the rising cost of premiums. It is important that the civil law should be such that it is fair to persons who are injured through the fault of others. In particular, it should be fair to those who are trying to carry out business activities, voluntary activities, landowner activities, motorist activities, taxi-driving activities and all the rest....

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: Section 43 is reasonable as it stands. I do not think anybody could object to it. However, it is too narrow in its scope and the Government should have-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: I will not be long. It is amusing to see Senator Conway tripping himself up.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: The commission is obliged by this section to give particulars of the education, professional qualifications, experience, character and where applicable the records of any interviews held by the commission in respect of the person. This is in respect of a person who it has recommended. As part of the starvation by Government of the information as to whom the non short-listed people are and...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: I move amendment No. 90:In page 30, between lines 2 and 3, to insert the following: “44.(1) This section applies to the following judicial offices:(a) the office of Chief Justice; (b) the office of the President of the Court of Appeal; (c) the office of the President of the High Court; (d) the offices of membership of the Supreme Court and the Court of Appeal other than those...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: I move amendment No. 91a:In page 31, to delete lines 6 to 12. I do not see how amendments Nos. 91a and 91b are related as they are on different topics. I would prefer if we were to discuss them separately.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: By whom?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: I do not see how they are related.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: To be honest, I do not see how they really are related to each other.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: Amendment No. 91a seeks to delete lines six to 12 in section 44(9). Section 44(9) states:If the Commission cannot, in accordance with this Act, recommend to the Minister any names of persons to fill a judicial vacancy referred to insubsection (1), the Minister shall request the Commission to seek expressions of interest on the part of eligible persons who wish to be considered for...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: I have to say, through the Chair, that this is probably the most bizarre provision in any Bill I have ever seen. That nobody would be suitable to be made Chief Justice or President of the Court of Appeal after a full process, despite the fact that all of those courts have ordinary members, and that none of them would be suitable to be appointed to the presidency in such a court, how crazy a...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: The really weird aspect of this is that we are also told that nothing in the Act prevents the Government from making an appointment anyway. If nobody was coming forward and the Government did not receive a recommendation, the commission would continue to issue an appeal every three months to all of the Judiciary and the legal profession to make a submission that it could consider. It defies...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Michael McDowell: We are discussing two amendments now. I hear what the Minster is saying. I cannot, however, see why he should object, even while he is preparing for Report Stage, to making this amendment. I do not know why we are always on autopilot to Report Stage. It could not possibly affect the efficacy of the Bill between now and Report Stage to accept the amendment. From that perspective, I do not...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: I move amendment No 91c:In page 31, between lines 18 and 19, to insert the following: “45. Nothing in this Chapter or Chapter 4 shall operate to prevent the Government, where it considers that it is necessary or expedient to do so by reason of urgency or for other sufficient reason, to advise the President to appoint a person to fill a vacancy in a judicial office to which section 44...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: I think it is amendment No. 91d.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: I am sorry. I thought it was amendment No. 91d.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: I thank Senator Norris.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)

Michael McDowell: Yes, I am sorry that progress in my absence was not as rapid as I thought.

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