Results 16,361-16,380 of 18,737 for speaker:Michael McDowell
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: This amendment and the next amendment relate to timeframes. This amendment sets out that:Nothing in this Chapter [which is chapter 3] 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...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: I agree with Senator Norris that I am dealing with section 44 as it currently exists, whereby there is no committee to advise the Government on the appointment of the Chief Justice, the President of the Court of Appeal or the President of the High Court. It is the commission that has to do all of that work.I do not want to be disorderly, but there is no timeframe provided for the commission...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: Obviously, it would be wrong to ask the Minister to predict what Sinn Féin will do. Senator Warfield is present, but he may be keeping his cards close to his chest on this issue. If it is the case that Sinn Féin disapproves of the small committee operating under section 44 and sticks to the position that it should be the commission in its entirety, it is quite possible that this...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: It has been suggested to me there is legislation pending for the appointment of further judges to the Court of Appeal. It has also been suggested to me, disturbingly, that such legislation has effectively been linked with the moving forward of the Judicial Appointments Commission Bill. That may not be the case, but I would be very disappointed if one Bill were to be taken hostage by the...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: I very much hope the Minister's view is representative of the view of the Government in its entirety on the issue.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: On the taking of which amendments together are we agreeing?
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: No, they deal with different subjects. I am not agreeable to that proposal.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: Yes.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: I should explain the reason they should be discussed separately. This amendment and the previous one are probably more cognate than this amendment and the succeeding one, as this amendment and the previous one deal with time limits and the like and vacancies being left open, whereas the next amendment is quite different.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: I move amendment No. 91d:In page 31, between lines 20 and 21, to insert the following: “45. (1) The Government may prescribe a time period within which the Commission may make its recommendation in respect of any particular vacancy or apprehended vacancy and the Minister shall inform the Commission of any such time period when requesting the Commission to make any recommendation in...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: For the benefit of Senator Norris, if he does not have the list of amendments, this amendment proposes to insert a new subsection which states: "The Government may prescribe a time period within which the Commission may make its recommendation in respect of any particular vacancy or apprehended vacancy and the Minister shall inform the Commission of any such time period when requesting the...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: I am grateful to the Senator for his careful analysis of what he said is a deficiency of my drafting-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: Yes, but may I make two points which may encourage the Senator to be more supportive of the amendment in its current form? First, I ask him to look at the terms of subsection (2) of the proposed section, which states: "The Commission shall make any recommendation within the time period prescribed by the Government pursuant to subsection (1)." It does not leave it open to the commission, on...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: Yes, the queen of the "may". The reason I have to do that is that the commission is not obliged to make a recommendation if it does not consider anybody as suitable. Therefore, it could advise the Government that in a particular case it is not in a position to make a recommendation. It is not automatic there will always be a recommendation and the Bill deals with a situation where the...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: While thanking Senator Norris for his scrupulous examination of my amendment, it is at least defensible-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: -----and may actually attract his support in its present form.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: I thought in my innocence that I persuaded Senator Norris of the merits of my amendment.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: The Minister seems to be in doubt about this.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: This will probably require-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (26 Feb 2019)
Michael McDowell: -----Senator Norris to make a formal statement of this position and he may require a reasonable audience to make that statement since it is an important issue but I am not suggesting anything to him. In any event-----