Results 2,061-2,080 of 18,761 for speaker:Michael McDowell

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: Criminal law practitioners.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: How will applicants know what is going on?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: The problem with that-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: There are two problems with that. First, it is for the Government and the Oireachtas to decide how many judges there are in the High Court. We are told the Minister will bring in a Bill to increase the size of the Court of Appeal by a further six judges in the near future. In that court, that is a matter for the Government. However, I can well imagine that at some stage in the next few...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: I will get it in for later on Committee Stage.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: If there is provision in this legislation for separate selection procedure statements of requisite skills and attributes to be proposed by the commission and published, which there is because that is what section 50 states, and if that is to be done on the basis that "it is reasonably anticipated a particular appointee" will deal with this kind of business, which the Bill acknowledges, surely...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: Votáil.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: I move amendment No. 97cb:In page 33, between lines 20 and 21, to insert the following:"51. (1) The Commission shall, before publishing any statement under this Part, submit to the Minister a draft of such statement for consideration and approval by the Government. (2) The Government shall consider any draft statement submitted to the Minister under this section and may approve of such...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: Before the Minister comes in, there was another point I wished to make. I want to draw the attention of the House to the provisions of section 51, which states: "Without prejudice to section 53(2), the Procedures Committee may, as it considers appropriate for the purpose of assisting the Committee in the performance of its functions under this Part, consult with the President of each court...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: I mentioned subsection 2. I really meant to say I presume it is the Minister's intention to delete subsection 1 and to amend section 51(3) in any event. We are dealing with my amendment and that of Senator Craughwell. I cannot see why the Government, particularly now with the Attorney General as a member of the commission, should not be consulted as of right about the criteria before they...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: I do not accept that logic applies at all. Section 54 states:(1) The Commission shall consider each of the statements submitted to it under section 53(1) [section 53(1) is submitted by the procedures committee] and may, subject to subsection (3)—(a) approve each of the statements, (b) make such modifications to either of them as it considers appropriate and approve them as so...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: I move amendment No. 97cc:97cc. In page 33, line 22, to delete “may” and substitute “shall”. The amendment refers to page 33, line 22 of the Bill as received from the Dáil which reads:Without prejudice to section 50(2), the Procedures Committee may, as it considers appropriate for the purpose of assisting the Committee in the performance of its functions...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: That is great progress. I thank the Minister for his generous response.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: Yes, indeed. Amendment No. 97cd-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: Yes, but the problem is that I must speak on both amendments in the group because I will not be allowed to say anything if-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: The second amendment in the group is No. 97cd which proposes to insert the word "other" after the word "any" in line 27. The Bill would read: "The Procedures Committee may request submissions or observations, within such period as is specified in the request, from any other person that it considers appropriate". If the amendment that the Minister has just accepted to subsection (1) is made,...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: I am obliged to the Minister.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: Again, I express my gratitude to the Minister. This proves that we are not just wasting our time in this House on this. We are making slow but steady progress with this legislation. I take it we will now be moving on to discuss the section.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: I move amendment No. 97cd:In page 33, line 27, after “any” to insert “other”.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 May 2019)

Michael McDowell: On the section itself, it occurs to me that even though the two amendments have been made, about which I am happy, the procedures committee is, regrettably, still effectively going to go through its entire process without consulting the Government in any shape or form. The Government is entitled to be consulted at a preliminary stage for the reasons I explained earlier. I am not happy that...