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Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: Consultatively.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: I appreciate there is a difference between canvassing and the process whereby the leader of a small party in coalition would receive three names from the Minister for Justice and say "I do not know these three people from Adam and I do not know between them, which of them is the best, because the Bill says there is no order". If I was the leader of a party in the Government I would certainly...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: The bottom line of this section is that there is no prohibition on somebody approaching a member of the commission or the Government to suggest that a particular person should be shortlisted or, if shortlisted, should be appointed. That may be the law we are about to make, namely, that anybody except the applicant can approach anybody on the commission. It would also go the other way around...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: I spoke to the Minister during the earlier stages of this debate about section 42(1), which states: (1) The Minister may request the Commission to make recommendations for appointment or for nomination for appointment to judicial office, as the case may be, where— (a) a judicial office stands vacant, or (b) he or she reasonably anticipates that there will be a vacancy in a...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: I do not think I am exaggerating when I say it is three months, but it certainly must be two months. You must put up your advertisements, give people a reasonable amount of time to consider whether they want to apply and give them time in which to get any requisite references. Then the list comes back. In the case of the District Court, for example, if there are 40 applicants, the first...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: I move amendment No. 36: In page 28, between lines 28 and 29, to insert the following: “Right of Government to advise President 43. Notwithstanding the provisions of section 42, nothing in this Part affects, limits or inhibits the right of the Government in any case where it advises the President to appoint any member of the Supreme Court, the Court of Appeal, or the High Court to...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: It seems that the process of filling the position of Chief Justice will be carried out by the commission, normally where the Chief Justice is in office and will participate as one of the four judicial members of the commission making a decision, but if, for instance, there was a resignation or whatever, the next senior judge of that court would carry out that function. Am I correct in...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: I do not know whether the provisions of section 45(2) answer Senator Ward's query.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: I think it does, in fact. On a slightly different point, in relation to subsection (4), the Judicial Council appoints a substitute member if one of its elected members is looking for promotion or whatever. Are they free to nominate any member to be a member of the commission? For instance, if the person for whom the substitution is made was originally a barrister, can he or she appoint a...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: I do not quite see why it applies in section 45(4). It seems that the board of the Judicial Council is free to appoint anybody who is on the council.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: That is when they are electing somebody. He or she has to be originally a barrister or originally a solicitor, but where the person is merely acting up for one occasion, does that balance have to be maintained?

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: I do not think that is right.

Seanad: An tOrd Gnó - Order of Business (22 Nov 2022)

Michael McDowell: In response to what Senator Davitt said about money resting in accounts, as we know, it does not always earn interest. Fr. Ted Crilly was a great man for saying that money was resting in his account. I wish to make two brief points. First, I do not believe that mandatory sentences are the way to deal with violence against police. The people who go to jail on mandatory sentences will get...

Seanad: Personal Injuries Resolution Board Bill 2022: Second Stage (22 Nov 2022)

Michael McDowell: I welcome the Minister of State and congratulate him on his reappointment. I welcome this legislation too. As far as I am concerned, it is important both that it should be passed and that it should be seen as part of a general reform of the law including, as Senator Crowe said, the guidelines, perjury legislation and so forth. A couple of things have occurred to me about this Bill. First,...

Seanad: Ireland's Military Neutrality: Motion [Private Members] (23 Nov 2022)

Michael McDowell: I endorse the remarks made by Senator Clonan and I support and second the moving of this motion. The question of Ireland's neutrality is an important one and we cannot hide behind weakness in protecting our neutrality and upholding the authority of the State any longer. The Minister has come forward with proposals to strengthen the funding of the Defence Forces over the next five years and...

Seanad: Comhshuí de Dháil Éireann agus de Sheanad Éireann - Joint Sitting of the Houses of the Oireachtas - Address by H.E. Ursula von der Leyen, President of the European Commission (1 Dec 2022)

Michael McDowell: I welcome President von der Leyen most warmly. I want to do her the honour of being brief. At this stage she has heard a vigorous series of exchanges of views from parliamentarians and she can see we cherish our democracy. People have spoken about it being 50 years since we joined the European Union. It is interesting to note that, 50 years ago this very day, the House was in crisis. The...

Seanad: Gnó an tSeanaid - Business of Seanad (14 Dec 2022)

Michael McDowell: I begin by welcoming Cara and Sophie Smullen and their parents, Alan and Niamh, who are related to Senator Fitzpatrick. They are very welcome to the House. We are very pleased to have them here. I call on the Deputy Leader to move the adjournment of the House until such time as the Minister is available. He is currently voting in the Lower House.

Seanad: Tailte Éireann Bill 2022: Committee and Remaining Stages (14 Dec 2022)

Michael McDowell: I echo what Senators Boyhan and Higgins have said, namely, that the premises is an archival treasure. It was the residence of my uncle Niall MacNeill for many years. It is a protected structure I have visited on many occasions.

Seanad: Tailte Éireann Bill 2022: Committee and Remaining Stages (14 Dec 2022)

Michael McDowell: Presumably the National Archive legislation applies to all of these materials.

Seanad: Tailte Éireann Bill 2022: Committee and Remaining Stages (14 Dec 2022)

Michael McDowell: When is it proposed to take Report Stage?

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