Results 16,881-16,900 of 18,737 for speaker:Michael McDowell
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: I will come back to him in a second.A person who was going before a committee and felt that he or she may be asked questions on those issues would be somebody who, strangely, could not be asked those questions for any other position by a would-be employer and could seek redress, curiously, from the Equality Tribunal if asked such questions in an employment context. This appointment being to...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: He had a very impressive capacity to communicate constitutional law issues in a very neutral but also really educational way to his students. None of them would have guessed - certainly, I would not have guessed - that he would have ended up espousing the natural law arguments and saying that natural law was superior to man-made law, positive law and the like.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: No. Senator Norris might reflect on the following point. Anybody who knew about him knew that the views that he laterally expressed, which led to controversy as regards his presidency of the Law Reform Commission and the like, were views that developed after his appointment because he had a particular path of personal development in regard to religious matters and religious organisations,...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: It is from 80 years ago.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: Senator Norris seems to ignore the fact that we are dealing with Part 8 of the Bill, which is concerned with the publication. This is set out from page 33 onwards and we are now at page 34. The purpose of this part is to provide for a statement on selection procedures and requisite skills and attributes. This is to be prepared in draft form by the procedures committee of the commission and...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: That is the point. The point I am making in this context is simple in respect of the interview process. Section 53(5) states:In the preparation of the statement referred to in subsection (1)(a), the Procedures Committee shall, amongst other matters, have regard to—(a) the critical importance of the selection procedures, in filling vacancies in judicial office, to the administration...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: If one looks, for instance, at the charter of Trinity College, it was established for the advancement of the Protestant religion. I do not think it took a view that Anglicans were outside that particular category.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: We are agreed completely on that issue.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: I move amendment No. 97e:In page 34, line 16, after "requisite" to insert "experience",".
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: I move amendment No. 97f:In page 34, to delete lines 22 to 24. The purpose of this amendment is to delete section 53(3). The Bill, as drafted, states, "In the preparation of the statements referred to in subsection (1), the Procedures Committee shall consult with the President of each court (save a President who is a member of that Committee)." It goes on to state, "However if none of the...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: In view of that generous approach, I will not press the amendment any further.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: Yes.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: The rule or procedure is that if it is not agreed, we deal with amendments separately.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: I move amendment No. 98:In page 34, to delete lines 25 to 28. This amendment proposes to delete lines 25 to 28, which are now comprised in subsection (4). To put this into context, subsection (4) states: "In the preparation of the statements referred to in subsection (1), the Procedures Committee shall avail itself of the advice and expertise of any consultants or advisers appointed under...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: It is very hard to understand it. It seems there is a mandatory requirement that the procedures committee avail itself of the advice and expertise of any consultants or advisers appointed under section 11(7). The committee would even be obliged to consult persons whose role is to vet District Court applications because they are so many in number. This is in relation to the committee...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: Without trespassing on the next amendment No. 98a, it addresses the "shall" and "may" issue raised by Senator Norris. Will the Minister indicate whether he will accept that amendment?
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: The problem is that-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: One of the problems with grouping amendments is that one finds out at the very end whether the Minister will make a particular concession.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: Is the answer "Yes" or "No" in regard to------
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (25 Jun 2019)
Michael McDowell: That is an improvement.