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Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Engagement with the Minister for Justice (6 Oct 2020)

Michael McDowell: No problem.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Engagement with the Minister for Justice (6 Oct 2020)

Michael McDowell: I thank the Minister.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Engagement with the Minister for Justice (6 Oct 2020)

Michael McDowell: To be optimistic, perhaps the House of Lords will save the day.

Seanad: HSE Winter Plan: Statements (7 Oct 2020)

Michael McDowell: I welcome the Minister of State and congratulate her on her appointment. At the outset, I should say that the winter plan is being presented to the House on a day when the Government is also asking An Garda Síochána to create havoc on the roads for many people, which is a very bad idea. It verges on the unlawful and all we must do is think for a moment what it would be like to be...

Seanad: Ireland-China Relations: Motion (8 Oct 2020)

Michael McDowell: I second the motion put forward by Senator Mullen. I agree with everything he said. Earlier this year, I was privileged to be invited by the Government of Taipei to witness the elections in that country, which were conducted in January. I visited Taipei for the first time then, even though I have always supported the people of Taiwan in their desire to be free and to be free from communist...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Order for Second Stage (14 Oct 2020)

Michael McDowell: I want to put on the record of the House that I and other Members of the House have tabled an amendment which states: "To delete all words after "That" and to substitute the following: "the Bill be read a Second Time on 21st October, 2020, to allow for a further consultation on certain provisions of the Bill, including the insertion of the words 'another matter' into the title of the Bill...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Order for Second Stage (14 Oct 2020)

Michael McDowell: It will be taken at the end of Second Stage.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Order for Second Stage (14 Oct 2020)

Michael McDowell: The point I am making is that, as I understand it, the vote will be taken at the end of Second Stage as an amendment to the Government's motion that the Bill be read a Second Time. I want to reiterate the point that, as far as I know, no Member, other than a Government Member – and I do not even know about them – was warned about section 6 and the other matter. There has been...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Second Stage (14 Oct 2020)

Michael McDowell: I welcome the Minister to the House. I am concerned that some of the contributions made today are confusing various concepts involved in this legislation. I want to reiterate at the outset that the Minister has not explained the circumstances in which section 6 came to be necessary and the Minister for Justice and Equality is not here.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Second Stage (14 Oct 2020)

Michael McDowell: I move amendment No. 1: To delete all words after “That” and substitute the following: “the Bill be read a second time on 21st October, 2020, to allow for further consultation on certain provisions of the Bill, including the insertion of the words ‘another matter’ into the title of the Bill and the insertion of section 6 into the Bill, noting the power...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Second Stage (14 Oct 2020)

Michael McDowell: I am concerned about the fact that section 6 appears in this Bill without any explanation whatsoever. No Members of this House, other than perhaps the Government Members, were consulted about section 6. I do not believe that. The Minister has not advanced the reasons this extension of time became necessary. I will leave it at that, but I do not think it is satisfactory that a justice...

Seanad: An tOrd Gnó - Order of Business (16 Oct 2020)

Michael McDowell: First, I put on record that the leader of my group, Senator Boyhan, received the Order of Business for today at 10.19 a.m. It is not good enough that we should receive the proposed Order of Business so late in the day, with effectively 11 minutes to go before the Chamber assembled. Second, I propose an amendment to the Order of Business, as proposed by the Leader, to provide that the words...

Seanad: An tOrd Gnó - Order of Business (16 Oct 2020)

Michael McDowell: Posterior is a better word.

Seanad: An tOrd Gnó - Order of Business (16 Oct 2020)

Michael McDowell: Yes.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Michael McDowell: I move amendment No. 2: In page 3, between lines 21 and 22, to insert the following:“ “Confidential Committee” means the committee established at paragraph (3) of the terms of reference as recited in the Order of 2015;”. Section 1 lists definitions and states, "the databases of residents of the institutions (specified in the Appendix to the terms of reference...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Michael McDowell: That was my understanding too. The database that is going to Tusla has nothing to do with an individual who, in response to the appeal by the commission, came forward to give the confidential committee information about their experiences. Is this going to be transferred to Tusla as a database? I take it that it is not considered a related record. I wanted to be 100% clear on that because...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Michael McDowell: I point out to Senators Higgins and Ruane that before the Minister clarified that nothing would go to Tusla from the confidential committee, amendment No. 7 stated: “This section does not apply to any record or documents created for or by the Commission for the purposes of the Confidential Committee unless the person supplying the document or record of the information embodied in the...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Michael McDowell: I ask the Senator to listen to me for a second. I am not trying to enforce any confidentiality on anybody. Senator Ruane made the suggestion that somehow this was my fault because the 2004 Act somehow provided for this. The 2004 Act did not ever contemplate a situation where people would give evidence without being cross-examined on it by anybody affected by it. It was to avoid all of...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Michael McDowell: First, like Senator Mullen, I agree that my set of amendments were concentrating on the rights of those who wanted to maintain their confidentiality because that is what I was concerned with. Senators Ruane and Higgins have pointed to the opposite cohort who did not want confidentiality and wanted total publicity and public hearings. I hope Senator Ruane will not accuse me of mansplaining.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Michael McDowell: If one goes back to 2004 and looks at the situation that the then Government found itself in, it wanted to do justice to the victims of clerical sexual abuse. It wanted to establish an inquiry into the Dublin archdiocese, which was conducted by Judge Murphy as well. She has been a huge pillar of the State in these matters. The only tools available to us at the time were the tribunal of...

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