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Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Michael McDowell: A Leas-Chathaoirligh-----

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Michael McDowell: The Minister said she has been advised that her amendments would be better in some sense but she has not stated why. I cannot understand how it could possibly be that one amendment that is legible is less satisfactory than one that is almost illegible, as to its meaning at any rate. I would expect the Minister to say whether she sees any difference in the terms of our amendment and the...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Michael McDowell: The Minister has just said that it is best practice to amend the Act in the way she has suggested. I disagree fundamentally with that. It is not best practice to do that. It is inferior and worse practice, in my respectful view. The Minister said correctly that section 26 of the Interpretation Act would be engaged by taking the steps of accepting the amendment in our names, but it is...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Michael McDowell: I agree with Senator Higgins. I walked away from the amendment I originally proposed in order to get a coherent text on the basis that the Minister wanted her amendments to go through. The amendment I originally proposed tried to bring elements of flexibility into the determination and not to put a judge into a straitjacket or put everything into a binary yes-no, that this is the law, that...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Michael McDowell: In view of what the Minister has said, I do not want to divide the House on the amendment in my name because I know what would actually happen. It is an inevitable consequence at this hour of the evening - I am not naive. However, I want to say strongly that some of the points made by Senator Higgins and me need to be considered. I am sensitive in this regard. I am not saying that this is...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Michael McDowell: It is worthwhile pointing out that subsection (2) in the Minister's amendment No. 1 provides that the amendments affected by subsection (1) "shall, on and from the date on which this section comes into operation, apply to the publication or inclusion in a broadcast of a report or picture to which section 252(1) of the Children Act 2001 applies, irrespective of whether the proceedings referred...

Seanad: Children (Amendment) Bill 2020: Report and Final Stages (5 Mar 2021)

Michael McDowell: I move amendment No. 1: In page 3, to delete lines 10 to 31, and in page 4, to delete lines 1 to 23 and substitute the following: “Amendment of Children Act 2001 1. (1) The Children Act 2001 is amended by the substitution of the following for section 252: “Anonymity of child in court proceedings 252. (1) Subject to this section, in relation to any proceedings for an...

Seanad: Children (Amendment) Bill 2020: Report and Final Stages (5 Mar 2021)

Michael McDowell: Since the last occasion on which we discussed the Bill, which was Monday, something happened about which the Minister should be aware. I was contacted by a journalist who was going to do a piece on the legislation and wanted to discuss the matter with me. This was an experienced and level-headed journalist who had been looking at the Minister's amendments and could not understand them at...

Seanad: Children (Amendment) Bill 2020: Report and Final Stages (5 Mar 2021)

Michael McDowell: I believe the Minister is now saying that the scenario I mentioned is incorrect. If I understand her, she is saying that if a 16-year-old child, for instance, is the only witness to the murder of a 12-year-old child, nothing can be published in the court report identifying the victim, insofar as the victim's identity would tend to identify the witness' identity. If that is the law towards...

Seanad: Children (Amendment) Bill 2020: Report and Final Stages (5 Mar 2021)

Michael McDowell: I will say one last thing.Insofar as the phraseology in the amendments introduced by the Minister have the effect that I have mentioned, I want to say it is not my responsibility that they have that consequence. We have discussed it here and have gone over it again and again. Any law that we pass will be interpreted in accordance with its ordinary and natural meaning. The scenario I...

Seanad: Children (Amendment) Bill 2020: Report and Final Stages (5 Mar 2021)

Michael McDowell: I will not call for a division, but I will put the matter to a voice vote, and I am happy with that.

Joint Oireachtas Committee on European Union Affairs: EU Commission Rule of Law Report: Discussion (9 Mar 2021)

Michael McDowell: I welcome Commissioner Reynders and thank him for his very thoughtful contributions to the discussion this afternoon. I look forward to seeing him in person in the Irish Parliament as soon as circumstances permit. I pay tribute to him for the care with which he is carrying out his duties in ensuring that the rule of law is kept up to an adequate standard across the EU. I want to mention one...

Joint Oireachtas Committee on Justice, Defence and Equality: Victims' Testimony in Cases of Rape and Sexual Assault: Discussion. (23 Mar 2021)

Michael McDowell: My comments arise out of the topic under discussion with Men's Aid Ireland. Last night I watched an hour-long documentary on BBC about sexual abuse of young boys and men in football. We heard of the extraordinary obstacles they had when it came of making any disclosures at all. This was partially based on their gender and the social attitude towards male victims of sexual assault. It was...

Joint Oireachtas Committee on Justice, Defence and Equality: Victims' Testimony in Cases of Rape and Sexual Assault: Discussion. (23 Mar 2021)

Michael McDowell: Perhaps the criminal practitioners here might say something about that but I do not want to confine it to them alone.

Seanad: An tOrd Gnó - Order of Business (26 Mar 2021)

Michael McDowell: It is interesting the People's Republic of China has decided to sanction UK Members of Parliament for criticising what has happened to the Uighur people and has banned them from travelling to China. Those of us in this House who have been strong on that issue have not come to the attention of the people in Beijing yet but nobody should be intimidated by this kind of behaviour. I have not...

Seanad: Irish Nationality and Citizenship (Naturalisation of Minors Born in Ireland) Bill 2018: Committee Stage (Resumed) (26 Mar 2021)

Michael McDowell: I would have no problem with that.

Seanad: Irish Nationality and Citizenship (Naturalisation of Minors Born in Ireland) Bill 2018: Committee Stage (Resumed) (26 Mar 2021)

Michael McDowell: Cormac Ó Braonáin was a relative of my wife and a fine young man. To this day, I feel broken-hearted for his parents and grandmother. His loss was immense not only to his family but also to all of those who knew and admired him. It is fantastic to have in our society young people who are committed to political activity. The activism of young people in politics arose earlier...

Seanad: Irish Nationality and Citizenship (Naturalisation of Minors Born in Ireland) Bill 2018: Committee Stage (Resumed) (26 Mar 2021)

Michael McDowell: It has never been used in the context of this Bill but it most certainly was used, twice. Senator Higgins and her colleagues-----

Seanad: Irish Nationality and Citizenship (Naturalisation of Minors Born in Ireland) Bill 2018: Committee Stage (Resumed) (26 Mar 2021)

Michael McDowell: I am just saying I was not talking about Senator Bacik. I was referring to-----

Seanad: Irish Nationality and Citizenship (Naturalisation of Minors Born in Ireland) Bill 2018: Committee Stage (Resumed) (26 Mar 2021)

Michael McDowell: Or the Labour Party, or this Bill. I am putting it firmly on the record that the accusation is false. It is demonstrably false based on the record that existed. The then Government was dealing with an emerging and developing legal situation.We are running out of time.

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