Results 16,741-16,760 of 18,737 for speaker:Michael McDowell

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: The subsection provides that the published statement may set out different selection procedures in regard to appointments to different judicial offices. I fully understand why one might have different procedures for appointments to the District Court, Circuit Court, High Court, Court of Appeal and Supreme Court. However, in paragraph (b), does the phrase "a particular judicial office" refer...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: Subsection (2)(b) provides that the published statement may set out different selection procedures in respect of appointments to "a particular judicial office where applicants already hold judicial office".For instance, take the case of a vacancy for an ordinary member of the Court of Appeal or the Supreme Court. Is a District Court judge to be given a different mode of selection procedure...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: It would be fine if section 52(2)(b) read “different procedures in relation to appointments to different judicial offices and to applicants who already hold judicial office”. However, when the words “a particular judicial office” are inserted, I am just wondering what practical effect that particular formulation of words means. In other words, does one say that...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: For instance, would it allow the non-interviewing of a High Court judge seeking appointment to the Court of Appeal but provide for the interviewing of a District Court judge who applied for the same position?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: As Senator Norris said, if the word “particular” was taken out where it first appears and stated “judicial office”, then one could put in “where applicants already hold a particular judicial office”. In other words, one could differentiate between a District Court judge and a High Court judge.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: This seems to be the exact opposite, however. The variation in selection procedures seems to relate to the vacancy only and not to the judicial status of the applicants. That seems to be wrong.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I slightly disagree with Senator Craughwell on that. My view is that one can differentiate between serving judges and other persons who have never been appointed. I have no problem with that as long as there is some capacity to distinguish between different types of serving judges applying for judicial office. It is strange to say that a District Judge who wanted to be an ordinary judge of...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I draw the Minister's attention to and seek some understanding of the legislative intention here. Section 11(8)(a) provides that persons such as consultants and advisers can be contracted or appointed to "advise and assist the Commission in its consideration of applicants at a preliminary stage in the course of the selection procedures". Section 11(8)(b) refers to the provision of an "an...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I am extremely concerned about that. I do not want to go back over our previous debates but it is frightening to think that serving members of the Judiciary might be vetted by management consultancy firms as to their suitability and that this can be part of the procedures laid down. We will not invoke names. I am concerned that, under the Bill as it is currently drafted, it is possible...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: Since there is no agreement on the proposal, they should be taken separately.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I move amendment No. 97da:In page 34, between lines 10 and 11, to insert the following: “53. No statement under this Part shall provide for the interviewing of any applicant who is a serving judge in the Superior Courts in respect of any application to the Commission by him or her in respect of any vacancy in a judicial office in any of those courts.”. I want to make clear...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: Can it ask whether one play camogie, and if so, what club is one a member of?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: A Leas-Chathaoirligh-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I do not want to deal with this as a matter of levity because as far as I am concerned it is a fundamental question.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: What possible questions could one put to a judge of the High Court to determine whether he or she is suitable to be recommended for appointment to the Court of Appeal or the Supreme Court? Are we going to ask the candidates if they are energetic? Are we going to ask them if they take long with their cases? Are we going to ask them if they have many reserved judgments?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: What kind of questions would it be proper for an interview committee to put to a serving judge? That is the reason I have at all times opposed the idea of requiring serving judges to go through the evaluation procedures this Bill proposes. I would like to hear, if somebody could tell me in the course of the next 40 minutes, what kind of questions could be put by way of interview to serving...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: What made the candidate apply? Is Ms Justice so and so not happy in the High Court?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I cannot understand any value emanating from an interview process, but I can see a lot of potential bias creeping in on the part of the interview process. If the commission is trying to work out which of three judges is the most meritorious and to rank them in order of preference, what interview process would lead them to form an opinion along those lines?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: He said "idiotic".

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: Let us go back to basics.