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Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: -----or France or anywhere else from ever serving on this body. It has not been discussed before. It is not really the same as, for instance, the question of whether a member of An Garda Síochána is a lay person or not. I do not see how they are connected at all.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: I fully accept what the Leas-Chathaoirleach is saying about amendment No. 7 sweeping away Nos. 8 and 9. I do not want to question the correctness of logic of that point in any way. Senator Craughwell is suggesting that we should recommit the Bill in respect of amendment No. 7. It is a novel proposition that people who have been, for example, solicitors in Northern Ireland for two or three...

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: Yes.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: Yes.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: For the purpose of being orderly, Senator Craughwell has proposed that the Bill be recommitted for the purpose of discussing amendment No. 7. I have seconded that proposal. I understand there is opposition to it but it is a matter for a decision by the House.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: On a point of order, does that mean we are returning to discussing all the amendments grouped together?

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: Yes, so the Leas-Chathaoirleach was proposing to group the debate.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: Are amendments Nos. 11 and 12 alternatives?

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: May I suggest to have agreement and consensus ------

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: ----- that amendments Nos 7 to 10, inclusive, be taken together.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: No, let us leave those separately.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: Is this a filibuster of business?

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: Who presented an order?

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: The Government still has to move it.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: On a point of order,-----

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: On a point of order, to stop this filibuster by Fine Gael, I am quite happy to go back to the original grouping.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: I wish to address all of the amendments that we are discussing, if I may.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: The Minister has very briefly and tersely proposed amendment No. 7. The effect of his amendment is to remove three existing paragraphs and substitute four. The fourth paragraph is the new point in this debate. It would appear that the Government, following Committee Stage in the House, suddenly got the bright idea that the definition of "lay person" was too loose and that what was needed...

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: It is a pretty shocking proposal in the Bill. This occurred when the light went on in somebody's brain in the Government - and I do not know who it was - to say the Bill contained a previous definition of "lay person" and that it should be amended to contain that prohibition. I believe this to be pretty shocking. I do not see how we can accept it. I want to be 100% clear about what we are...

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (26 Nov 2019)

Michael McDowell: I am looking at the wrong document. Yes, I have it now. The Bill's definition is that " “law officer” means a person employed in the service of the State where a condition for the employment of the person was that he or she was a practising barrister or a practising solicitor". Paragraph (b) of amendment No. 7, however, means that if a person did two years' service - for...

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