Results 2,441-2,460 of 18,726 for speaker:Michael McDowell

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: I move amendment No. 86e:In page 28, between lines 25 and 26, to insert the following: “Function of Attorney General under Article 30 of Constitution 41. Nothing in this Act affects, limits or inhibits the function of the Attorney General under Article 30 of the Constitution to freely advise the members of the Government at a meeting thereof in relation to the suitability for...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: Yes, I am pressing it.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: I move amendment No. 86f:In page 28, between lines 25 and 26, to insert the following:“Authorisation of Commission 41.Nothing in section 11(8)shall be construed as authorising the Commission to appoint any person, consultant or advisor to evaluate or assess the suitability of any person holding a judicial office for appointment to any other judicial office or to advise the Commission...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: No.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: There are simply questions as to whether common sense has evaporated completely from the legislative process.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: I wish to draw the attention of the House to what is provided in section 11(8), which we have already discussed. Section 11(8) provides for the functions of persons who can be appointed under section 11(7) as persons, consultants or advisers. Section 11(8) provides:Any contract or arrangement with a person, or appointment of a consultant or adviser, referred to in subsection (7)may enable...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: What the Minister has said is half encouraging. However, I have to say that, on the other hand, I do not know what the gloss about my motivation has to do with this.Nor do I accept it is in the wrong place. The reason I say it is in the right place is we are now dealing with a large series of amendments centred on the issue of whether serving judges should or should not be forced to go to...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: It is to get rid of rubbish out of this legislation and to prevent rubbish from being in the legislation. I have explained my motivation and it is a bit strange, in those circumstances, to be asked, as I am being asked, to explain my motivation and then to be told that depending on my motivation, the Minister may try to replicate the effect of the amendment on Report Stage in the House. I...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: The Minister has just said he is concerned about whether I am trying to achieve a blanket effect or an effect in relation to individual jobs or levels of jobs, or individual appointments or levels of appointment, in the Judiciary, but I am not clear. It is intended to be a blanket provision that no sitting judge who applies for any other position in the courts should be the subject of a...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: The bucket.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: The Minister seems to think I am trying to drive at some general exemption for members of the Judiciary from consideration by outside experts of their suitability in any application and I am. If he is talking about narrowing it down to specific appointments - he says he is of a mind to accommodate this in a Report Stage amendment - I would like him to indicate the specific appointments or...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: I am grateful to Senator Norris for his kind words, but I defer to him in matters of the law of defamation because sometimes he has more experience of it than I do.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: I am talking about more practical experience of it. I do not believe the law of libel would be the issue. I do, however, believe there could be a judicial review if some member of the Judiciary was to find that he or she had been reported on adversely by an outside expert to the judicial appointments commission by whatever means. Taking Senator Norris' point seriously, any such report...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: As I see it, the Bill is actually making members of the District Court eligible to be appointed to the High Court, the Court of Appeal and the like. That is one of the terms of the Bill, as it stands. Is the Minister creating a two tier approach to members of the Judiciary which he has always accused me of doing, or is he now saying he might amend the law to have no preliminary examination...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: I have said everything I have to say about it. I was partly encouraged by the Minister in saying he could see some merit somewhere in the amendment, depending on my motivation. It seems that section 41 just makes plain and simple, obvious common sense and the Minister should be in a position to accept it. If he wants to shift it later to a different place in the Bill, let him do so, but...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: No.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: I am saying that. There is nothing in my amendment that would offend.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: I am sorry; I meant to say in the amendment.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: The Senator is 100% correct.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Feb 2019)

Michael McDowell: I was referring to amendment No. 86f which seeks to introduces a new section 41. There is nothing in it that would offend common sense. That is what I meant to say. In the circumstances I cannot really believe it would be rejected at this stage. It is one thing if the Minister wants to accept it at this stage and move it later, but it would be deeply regrettable if it was not even being...