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

Michael McDowell: There we are.

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

Michael McDowell: I was going to say the Minister has stated he is confident that various things will happen. I am not confident for the following reason. It is not that I doubt in any way the bona fides of the members of the commission, if it is ever established or if it ever comes into operation. Equally, it is not that I doubt that they will appreciate there must be some degree of urgency about their...

Seanad: Gambling Legislation: Motion (27 Feb 2019)

Michael McDowell: Hear, hear.

Seanad: Gambling Legislation: Motion (27 Feb 2019)

Michael McDowell: I strongly support this motion in the name of the Independent Group of Senators. I want to acknowledge some basic truths. When I was Minister for Justice and Equality the Gaming and Lotteries Act 1956 came under pressure because poker clubs started being established in Dublin. Some were funded and owned by very rich and powerful people. It was clear to me that they were illegal, as...

Seanad: Gambling Legislation: Motion (27 Feb 2019)

Michael McDowell: That is illegal as well.

Seanad: An tOrd Gnó - Order of Business (5 Mar 2019)

Michael McDowell: I want to raise a few matters, all of which are related to one central theme, namely, the business of this House. I was very disappointed to have reported to me - I do not tweet or receive tweets - that the Minister for Justice and Equality had stated that the conduct of the Judicial Appointments Commission Bill 2017 in the Seanad underlined the urgent need for root and branch Seanad reform...

Seanad: An tOrd Gnó - Order of Business (5 Mar 2019)

Michael McDowell: Therefore, let us get on with the additional judges Bill, which the European Commission has said is there, and let us get on with the Judicial Council Bill, which is also there, commands cross-party support in this House and is of particular interest to the Sinn Féin party, which is interested in sentencing guidelines. Let us do that collectively. I propose that, instead of dealing...

Seanad: An tOrd Gnó - Order of Business (5 Mar 2019)

Michael McDowell: I am proposing an amendment to the Order of Business. We on these benches will be proposing that repeatedly until such time as Sinn Féin, in particular, comes on board and gets the Bill it is interested in and its sentencing guidelines pushed through against-----

Seanad: An tOrd Gnó - Order of Business (5 Mar 2019)

Michael McDowell: -----pushed through against one Minister's glove puppet manipulation of the Government.

Seanad: An tOrd Gnó - Order of Business (5 Mar 2019)

Michael McDowell: I am proposing such an amendment.

Seanad: An tOrd Gnó - Order of Business (5 Mar 2019)

Michael McDowell: I accept the guidance of the Chair on that matter. I am serving notice that, at the next available opportunity, we are going to do this and we are going to continuously do this.

Seanad: An tOrd Gnó - Order of Business (5 Mar 2019)

Michael McDowell: We accept the apology.

Seanad: An tOrd Gnó - Order of Business (5 Mar 2019)

Michael McDowell: The firm purpose of the amendment was to-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (5 Mar 2019)

Michael McDowell: I have nothing further to say on the section.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (5 Mar 2019)

Michael McDowell: It is not agreed.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (5 Mar 2019)

Michael McDowell: Yes.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (5 Mar 2019)

Michael McDowell: I move amendment No. 91g:In page 31, between lines 24 and 25, to insert the following:"46. Where any three members of the Commission make a request to the Chairperson in regard to any person whose name is recommended by the Commission, the Commission shall also provide to the Minister a dissenting statement setting out the reasons that the requesting members are of the opinion that the person...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (5 Mar 2019)

Michael McDowell: For the record, the Minister mentioned that these amendments were produced late in the day. I must be very clear about this. Senator Boyhan was informed last Wednesday that because of the Brexit legislation it would be weeks before we returned to this matter. On Thursday evening we became aware that this had been reversed and we were to have an extra session today. Furthermore, we learned...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (5 Mar 2019)

Michael McDowell: I would argue that in saying he will deal with these issues on Report Stage and will just listen on Committee Stage, the Minister is in breach of the spirit of the orders of this House. On Committee Stage, Members are supposed to debate the minutiae and put their amendments forward so that they can be considered in detail. This is not meant to be done simply on the basis of Report Stage...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (5 Mar 2019)

Michael McDowell: No, it means that where the commission nominates three candidates by majority, a minority can state its disagreement that the three candidates are suitable for appointment. It is not a licence to say that somebody else is more suitable for appointment. It allows the minority to say that a particular candidate is not suitable for appointment and to give the reasons therefor. Consider a...

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