Results 2,381-2,400 of 18,726 for speaker:Michael McDowell
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)
Michael McDowell: I have to say, through the Chair, that this is probably the most bizarre provision in any Bill I have ever seen. That nobody would be suitable to be made Chief Justice or President of the Court of Appeal after a full process, despite the fact that all of those courts have ordinary members, and that none of them would be suitable to be appointed to the presidency in such a court, how crazy a...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)
Michael McDowell: The really weird aspect of this is that we are also told that nothing in the Act prevents the Government from making an appointment anyway. If nobody was coming forward and the Government did not receive a recommendation, the commission would continue to issue an appeal every three months to all of the Judiciary and the legal profession to make a submission that it could consider. It defies...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)
Michael McDowell: We are discussing two amendments now. I hear what the Minster is saying. I cannot, however, see why he should object, even while he is preparing for Report Stage, to making this amendment. I do not know why we are always on autopilot to Report Stage. It could not possibly affect the efficacy of the Bill between now and Report Stage to accept the amendment. From that perspective, I do not...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: On the previous occasion I was asking the Minister about the massive hole that this proposal, as it currently stands, will make and the major delay it will create in the filling of judicial vacancies. I understand Senator Craughwell wishes to contribute.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: I was just trying to work out how bad this particular lacuna in the Bill is going to turn out to be and what inefficiencies will be created by it. If for whatever reason - illness or whatever else - the position of Chief Justice were to fall vacant tomorrow, supposing it did, regarding the procedure going to be put in place to fill that position, and as I understand it at the moment, every...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: Hold on a second. Just wait and see. I will come to that. The Minister is misreading the amendment.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: I know what the amendment is about.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: The Acting Chairman should not try to hassle me. I am-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: The Chair is doing so.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: This is a Committee Stage process-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: -----and the Minister, if he thinks I am making a mistake, is perfectly entitled to point that out.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: -----and I am entitled to respond-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: The amendment states, "Notwithstanding the provisions of section 40, nothing in this Act 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 [...] to any judicial office". Therefore, it does apply to a member of the Supreme Court being made Chief Justice, for instance. Let us get that straight. With...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: He is misreading it, unfortunately.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: Yes. This reminds me of F.E. Smith, Lord Birkenhead. I saw him on television last night or the night before on the RTÉ programme "The Irish Revolution". He was in court on one occasion and a judge said to him that he had been listening to him for the preceding two hours and was none the wiser. F.E. Smith said he agreed but that the judge was better informed. This amendment deals...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: -----because it would pre-empt the whole idea.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: This would suggest that the Government had already made up its mind about who it wanted to appoint.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: Exactly. Therefore, the follow-on vacancy in the Supreme Court, on foot of an ordinary judge of that court being appointed as Chief Justice, would be sent out for filling. Is it even in any sense unfair to say it is quite probable that one of the applicants for the ordinary position in the Supreme Court would be a member of the Court of Appeal? Where the Government gets a recommendation...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: Through the Chair, Senator Craughwell was talking about the teaching profession. It can take up to 18 months to fill some positions in certain schools.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)
Michael McDowell: No, but he is-----