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Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) and Final Stage (4 Jul 2023)

Michael McDowell: Again, the purpose of this amendment is to rescue the Bill from nonsense. It was pointed out to the then Minister, Deputy Flanagan, that the previous Bill contained the same mistake. If the Government appoints a member of the Court of Appeal or an ordinary member of the Supreme Court to be Chief Justice, a string of vacancies can arise as a result. At present, it is perfectly open to the...

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) and Final Stage (4 Jul 2023)

Michael McDowell: It does not interview anyone.

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) and Final Stage (4 Jul 2023)

Michael McDowell: Section 43(2) reads: "An application for recommendation ... shall not be made ... otherwise than pursuant to an invitation issued under section 42."A section 42 invitation can arise only where the Minister requests the commission to make recommendations for appointment to a judicial office where a judicial office stands vacant or he or she reasonably anticipates that there will be a vacancy...

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) and Final Stage (4 Jul 2023)

Michael McDowell: I move amendment No. 27a: In page 32, between lines 26 and 27, to insert the following: "(6) The Commission shall not recommend any person for appointment to judicial office in the State unless it is satisfied that the person is a citizen of Ireland.".

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) and Final Stage (4 Jul 2023)

Michael McDowell: I move amendment No. 28: In page 34, to delete lines 1 to 7 and substitute the following: “Appointments to judicial office in the State: recommended persons to be first considered 51.(1) In advising the President in relation to the appointment of a person to judicial office in the State, the Government shall first consider for appointment those persons who have been recommended by...

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) and Final Stage (4 Jul 2023)

Michael McDowell: These two amendments go to the heart of this legislation. The Government has chosen today to guillotine this debate and to bring it to a close. In effect, this legislation proposes to make it unlawful for the Government of the day to appoint anybody to any judicial office unless that person has been shortlisted by a group of eight people, four of whom are judges and four of whom are...

Seanad: Broadcasting (Restriction of Salaries) Bill 2023: Second Stage (5 Jul 2023)

Michael McDowell: I commend Senator Mullen and his colleague on bringing this Bill before the House to enable us to have a real conversation among ourselves, not merely about the issues that have been grabbing the headlines, but the longer term issues. We need to consider carefully what public service broadcasting is about. Is it wall-to-wall politics and chat from 7 a.m. until 7 p.m.? Is that public...

Seanad: Broadcasting (Restriction of Salaries) Bill 2023: Second Stage (5 Jul 2023)

Michael McDowell: -----which I find difficult to absorb. Everybody has feet of clay, to some extent, and no class of the community is above reproach. One thing that RTÉ might now consider is that when politicians go on RTÉ to be interviewed, they are treated as second-class citizens. If someone comes in from an NGO like the Rape Crisis Centre, he or she is thanked for coming along, and he or she...

Seanad: Disability (Miscellaneous Provisions) Bill 2023: Second Stage (11 Jul 2023)

Michael McDowell: I will be brief.I agree with what Senator Gavan said. The effect of this is to kill this legislation. We often come through the gates of Leinster House and see people carrying placards that say "Kill the Bill" in regard to different topics, but every person who goes through the Government lobby tonight should carry that placard because it is trying to kill this Bill. The last thing I want...

Seanad: Disability (Miscellaneous Provisions) Bill 2023: Second Stage (11 Jul 2023)

Michael McDowell: In those circumstances they did not vote against the Whip, they just did not appoint tellers. That is the way we should deal with it.

Seanad: Situation in Israel and occupied Palestinian territory: Statements (12 Jul 2023)

Michael McDowell: I believe in the right of the state of Israel to exist. I believe that Resolution 242 of the United Nations represents the correct position in international law as regards the boundaries of the state of Israel. I regard the creeping annexation of the West Bank territories as illegal and manifestly illegal. I regard the establishment of settlements on Palestinian land as wholly contrary to...

Seanad: An tOrd Gnó - Order of Business (13 Jul 2023)

Michael McDowell: I identify with the remarks of Senator Gallagher about the Leas-Cathaoirleach, Cathaoirleach, Clerk and Clerk Assistant, and all members of staff. I wish them a happy holiday and thank them for all the work they have done. In the autumn, we fully expect to see the Taoiseach here to deal with the question of Seanad reform. I note the Supreme Court has yet to adjudicate on the application...

Committee on Scrutiny of Draft EU-related Statutory Instruments: Committee Work Programme (4 Jul 2023)

Michael McDowell: I welcome the Minister of State and offer our apology for delaying him. I will just make one point because I have to be elsewhere. We are very anxious the terms of reference of the committee should be fully respected and that draft statutory instruments should be made available to us. When we use the term “draft statutory instruments”, we do not want somebody saying there is...

Seanad: An tOrd Gnó - Order of Business (27 Sep 2023)

Michael McDowell: Like Senator Malcolm Byrne, I want to identify myself completely with the remarks made by Senator Mullen about higher education. I was present for the speech to which he referred. It is an alarming situation. Today, I raise a topic that will be of interest to the Leader, namely that of the Defence Forces. I congratulate the Ranger wing of the Army and Air Corps for their operation off the...

Seanad: An tOrd Gnó - Order of Business (27 Sep 2023)

Michael McDowell: Hear, hear.

Seanad: Crime and Policing: Motion (27 Sep 2023)

Michael McDowell: I entirely support everything that is in the motion tabled by the Fianna Fáil Senators here today. I want to say at the outset, however, that I have full confidence in the Commissioner of An Garda Síochána. This House should respect him and support him because he is bringing about effective change in a force which I, as a former Minister for Justice, know needs reform and...

Seanad: Crime and Policing: Motion (27 Sep 2023)

Michael McDowell: Sometimes the dog eats it, though.

Seanad: Crime and Policing: Motion (27 Sep 2023)

Michael McDowell: The Senator’s partners in government are holding Fianna Fáil back.

Seanad: Address to Seanad Éireann by An Taoiseach (28 Sep 2023)

Michael McDowell: Five years and eight months ago, the Taoiseach delivered an address to this House nine months after his appointment as Taoiseach on St. Brigid's Day, Lá Fhéile Bríde. He told us he wanted to share his thoughts on the reform of Irish politics. He told us that while he had originally supported the abolition of the Seanad, the people had spoken and the matter would not be...

Seanad: Address to Seanad Éireann by An Taoiseach (28 Sep 2023)

Michael McDowell: I have a copy of the all-party report, which the Taoiseach ignored-----

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