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Seanad: International Protection, Asylum and Migration: Motion (19 Jun 2024)

Michael McDowell: I do not suffer from xenophobia, racist thoughts or racist impulses of any kind whatsoever. However, I am opposed to our ratification of this pact for a number of rational reasons that depend, at the outset, on an examination of how we got here. If we go back to the end of 1999, at Tampere in Finland, conclusions of an EU Council meeting included a commitment by member states to a number of...

Seanad: International Protection, Asylum and Migration: Motion (19 Jun 2024)

Michael McDowell: No.

Seanad: Automatic Enrolment Retirement Savings System Bill 2024: Committee and Remaining Stages (19 Jun 2024)

Michael McDowell: I move amendment No. 1: In page 9, line 20, after “days” to insert “not earlier than 30th June 2025 as may be specified by resolution adopted by Dáil Éireann”. I move this amendment in my name and that of the other Senators. This amendment is solely for one purpose, namely to make an appeal to the Minister to create sufficient time to allow the...

Seanad: Automatic Enrolment Retirement Savings System Bill 2024: Committee and Remaining Stages (19 Jun 2024)

Michael McDowell: Arising out of the Minister’s remarks, nobody serious has said the Fagan-Kenny approach is defective or pointed out some defect in it. They have all said it is interesting, it could be so and perhaps it would yield greater results. Nobody has said the reason it is wrong or the reason we should avoid it. The only argument I have heard offered against its adoption is that it has not...

Seanad: Automatic Enrolment Retirement Savings System Bill 2024: Committee and Remaining Stages (19 Jun 2024)

Michael McDowell: I thank the Minister for her response and I acknowledge the response of my fellow Senators. In view of that response, I seek the freedom of the House to withdraw my amendment.

Seanad: Defence (Amendment) Bill 2024: Second Stage (18 Jun 2024)

Michael McDowell: I welcome the Minister of State to the House and acknowledge the presence of the Tánaiste earlier in the debate. As Senator Horkan stated, there are some serious matters in this Bill that need to be addressed. I will come back to them in a moment, but to put the Bill in context, it is being put before the House at a time when the Defence Forces are crippled by at least a decade of...

Seanad: Defence (Amendment) Bill 2024: Second Stage (18 Jun 2024)

Michael McDowell: Section 11 provides for the insertion of the following as part of a new section 1A in the principal Act: Without prejudice to the Defence (Amendment) Act 1990 and any regulations made thereunder, a member of the Permanent Defence Force shall not- (a) while in uniform or otherwise making himself or herself identifiable as a member of the Permanent Defence Force- (i)make, without prior...

Seanad: Defence (Amendment) Bill 2024: Second Stage (18 Jun 2024)

Michael McDowell: However, I can well imagine that this lacuna would allow Independent candidates for Dáil Éireann to have Defence Forces members supporting them. The provision is badly drafted. I certainly will support a Government amendment to close the lacuna it creates.

Seanad: Defence (Amendment) Bill 2024: Second Stage (18 Jun 2024)

Michael McDowell: Someone would have to go to Limerick now, I take it.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (18 Jun 2024)

Michael McDowell: I welcome Dr. Doherty and Ms McIntyre. I declare an interest on this occasion since I am a practising barrister. In general terms, I want to compliment the regulatory authority because I have heard no adverse complaints about it since it assumed full control of its functions. It has worked smoothly. One hears on the grapevine of frivolous and vexatious cases brought by people who did not...

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (18 Jun 2024)

Michael McDowell: That is interesting to know. On the LLPs, there is one point I wanted to ask about. Is the authority happy about the availability of professional indemnity to solicitors, in particular? I do not think there is a problem for barristers in my experience of obtaining mandatory insurance coverage. I think there are, or there were in the past at any rate, jaw dropping premiums extracted by...

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (18 Jun 2024)

Michael McDowell: I know times have changed but when I started as a barrister, it was quite possible for a young solicitor to have the ambition of establishing a single member firm, renting an office, paying a secretary, paying the Law Society annual subscription and paying all the overheads associated with a small practice. Now, you would find people being asked for €30,000 or €40,000 a year in...

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (18 Jun 2024)

Michael McDowell: I have a supplementary question. What about people who exercise EU rights to appear in litigation or to act in litigation matters in the Republic? Does the authority have any function in relation to them or is that a lacuna?

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (18 Jun 2024)

Michael McDowell: If a French avocat presented himself or herself here and wished to exercise rights in this regard, would he or she have to go to the professional body first and then become amenable to our regulatory authority's jurisdiction? If, for instance, they act at an inquest or a tribunal, do they escape the authority's jurisdiction?

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (18 Jun 2024)

Michael McDowell: So it is a registered lawyer.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (18 Jun 2024)

Michael McDowell: I have one last question. With regard to issues the Bar Council's professional practices committee deals with, for example, behaviour towards other barristers and the like, is the committee's independent function satisfactorily operating or is there a clash or a friction point with the regulatory authority's jurisdiction?

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (18 Jun 2024)

Michael McDowell: Yes.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (18 Jun 2024)

Michael McDowell: They do have a professional practices committee-----

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (18 Jun 2024)

Michael McDowell: -----that imposes the Law Library or Bar rules.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (18 Jun 2024)

Michael McDowell: I am glad to hear that.

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