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Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: That is what the Constitution requires. The Minister, Deputy Ross's, insistence that this quango be established and his foot-stamping refusal to appoint judges until it was established and his blackmailing-----

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: Sorry, I will not use the word "blackmailing". His coercion of the Government to force the Minister to come in here for a year and a half to defend the indefensible is now exposed for what it is. This is a monumental U-turn. This is an acknowledgement of futility and redundancy. It means that any future Government can appoint whom it wishes without any regard to the judicial appointments...

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: I referred to the "political fraudulence" - which is a legitimate term to use - of suggesting there was cronyism in the appointments made by the Cabinet without this legislation and that the Minister, Deputy Ross, was going to end political involvement in the appointment of judges. The Government, which is referred to in amendment No. 24, is composed of elected politicians acting as a single...

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: Would the Senator agree that the good ship Ross has sunk before its launch?

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: It did not seem that long when it was happening.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: The Minister for Tourism, Transport and Sport also said that.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: It most certainly was.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: It was bypassed in respect of the man who is now the Chief Justice.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: What about the former Attorney General whom the Government appointed to the Court of Appeal?

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: JAAB had nothing to do with that appointment.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: It had nothing to do with JAAB.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: Will the Minister, when he brings the Bill back to the Dáil, change the word "have" to "has" to make it correct?

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: I move amendment No. 26: In page 10, to delete line 18.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: I move amendment No. 27: In page 10, between lines 18 and 19, to insert the following: “Independence of the Judicial Function 10. (1) The Public Appointments Service and the Commission and their respective members— (a) shall, in performing their functions under and in connection with this Act, uphold judicial independence, (b) shall not, in connection with the...

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (11 Dec 2019)

Michael McDowell: I do.

Seanad: Criminal Records (Exchange of Information) Bill 2019: Committee and Remaining Stages (17 Dec 2019)

Michael McDowell: The Minister's approach is reasonable in the circumstances.

Seanad: Civil Law (Costs in Probate Matters) Bill 2017: Report and Final Stages (17 Dec 2019)

Michael McDowell: I totally agree with the Minister's amendment. It strikes a fair balance between the pre-existing presumption in favour of a share out from the estate on the one hand and a totally exclusionary rule on the other. Giving the Judiciary the right to make a ruling which does not follow the event in the case, on equitable grounds, as long as it is stated in their order, is totally reasonable. I...

Seanad: An tOrd Gnó - Order of Business (18 Dec 2019)

Michael McDowell: A Leas-Chathaoirligh, I wish to be associated with the expressions of goodwill and thanks to you, the Clerk and his staff, the Members of the House and particularly the Leader and his staff for making the House function so well in the last year. I also wish to be associated with the tribute paid by Senator Bacik to the late Cormac Ó Braonáin. As somebody who married into that...

Seanad: An tOrd Gnó - Order of Business (18 Dec 2019)

Michael McDowell: Some time ago our colleague, Senator Ned O'Sullivan, complained about seagull activity and ran into heavy derision in the media for his stance against seagulls and his complaint about their outrageous behaviour.Recently, Senator Feighan said he was the subject of a similar attack. It occurred to me there must be some culpability on the part of Government for all of this. Happily, crossing...

Seanad: An tOrd Gnó - Order of Business (18 Dec 2019)

Michael McDowell: Hear, hear. We do not want to have to buy tractors elsewhere. They come to Dublin now.

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