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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: What about the records then?

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: The Senator is inviting Judge Murphy to turn on the shredder.

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: The Minister-----

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: Senator Seery Kearney said the people outside the gates are supporters of the Minister. They are not.

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: 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: In view of what the Minister has said, namely, that he proposes to bring before Dáil Éireann an amendment to this legislation to allow some mechanism for the wishes of the people who were before the confidential committee to get a thumbs up or thumbs down as to whether their records can be anonymised or sent forward unredacted, I do not want to press my amendment further, given that...

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: Hear, hear.

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: Senator Mullen's five or six questions do require to be answered insofar as the Minister can do so. If the commission asks for another few days to carry out the consultative process, whatever that entails, I presume the Government will not force it to finish by 30 October in circumstances in which what the Minister is announcing to us now has yet to become law and all the rest of it. It...

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: Amendment No. 7 has not been discussed.

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 will withdraw amendments Nos. 7 and 21, in view of the Minister's statement.

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 will not be moving amendment No. 21 either.

Seanad: Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 and Emergency Measures in the Public Interest (Covid-19) Act 2020: Motions (22 Oct 2020)

Michael McDowell: I want to add a few words to those which have already been spoken from these benches. When the Minister for Foreign Affairs, Deputy Coveney, then Tánaiste, came to the Seanad to announce the provision of the health Act earlier this year, I supported him and said that I was strongly behind him because I saw what I believed to be the alternative - the military trucks in Bergamo ferrying...

Seanad: Railway Safety (Reporting and Investigation of Serious Accidents, Accidents and Incidents Involving Certain Railways) Bill 2020: Second Stage (23 Oct 2020)

Michael McDowell: I welcome the Minister and congratulate him on his appointment. I have not had the opportunity to do that. This Bill is a technical one and deserves the support of the entire House. Two points occur to me. On cross-Border railway operations post-Brexit, will there be special arrangements for the extension of these EU powers or will this have any implications for that? I would like to...

Seanad: Railway Safety (Reporting and Investigation of Serious Accidents, Accidents and Incidents Involving Certain Railways) Bill 2020: Second Stage (23 Oct 2020)

Michael McDowell: I was just warning the Cathaoirleach that I was about to do it. I ask the Minister to look at the problems for emergency workers which are now being caused by the additional restriction of spaces on public transport at the moment and the hardship that is causing to nurses and people going to work. Is it really necessary as part of level 5 that the number of people able to travel on a bus is...

Seanad: Railway Safety (Reporting and Investigation of Serious Accidents, Accidents and Incidents Involving Certain Railways) Bill 2020: Second Stage (23 Oct 2020)

Michael McDowell: It is unfortunate.

Seanad: Residential Tenancies Bill 2020: Second Stage (23 Oct 2020)

Michael McDowell: I welcome the Minister to the House. I agree with him that in the present situation, it is important that people should not be evicted in circumstances that are brought upon them by the pandemic or which make it difficult for them to secure alternative accommodation in the course of the crisis. If this involves the abridgement of landlords' rights to some extent, then, as the Minister...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Michael McDowell: I welcome the Minister back to the House. I acknowledge his prefatory remarks on what he believes now to have been an erroneous approach of an over-legalistic kind to the legislation. It is not up to me to accept apologies but I think that the Minister is sincere in saying he underestimated the reaction this legislation appears to have had in the minds of many, portrayed as it was as an...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Michael McDowell: The aim of invoking the workings of either the present commission or future commissions is immaterial as grounds for withholding information or not applying GDPR. In my view, GDPR qualifies and makes conditional both the National Archives Act, to some extent, and the 2004 Act because the provisions of those Acts have to be interpreted in a GDPR-compliant way, even though the GDPR makes...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Michael McDowell: It is very unsatisfactory in such a situation, where one wants to extend the life of a commission with a view to creating more time, to be told that because it might cost the Exchequer some money we cannot even discuss the idea or raise the issue on the floor of the House. Senator Norris has been very strong on modifying that rule and it would require an interaction between the Dáil and...

Seanad: Health (Amendment) Bill 2020: Second Stage (23 Oct 2020)

Michael McDowell: First, I must protest that this legislation has been rushed through without adequate debate. There is no excuse for a situation where Dáil Éireann is considering a Bill in the morning and it comes to us in the afternoon especially when this Bill is badly drafted. I draw the Minister of State, Deputy Feighan’s attention to one or two aspects of this Bill which he may regret...

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