Results 2,461-2,480 of 18,761 for speaker:Michael McDowell

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: We have not had an honest description of what an individual member of the Judiciary will be told about his or her applications. It seems that under the Bill as currently formulated, a judge who applies to be considered and is interviewed will not be informed that he or she-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: Excuse me, I am talking precisely about the amendment. The Minister is here with right of audience, he is not here as a Member of this House and he is certainly not here as the adviser of the Chair.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: I am trying to have an orderly debate, through the Chair. I am speaking through the Chair as best I can.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: The situation is simply this: in this sequential cascade, or whatever one wants to call it - the sequence of appointments perhaps - a member of the Judiciary is obliged to submit an application form and is never told whether he or she is even shortlisted. The Bill is deliberately opaque on this. On a literal reading of the section, it would be an offence to reveal the shortlist to...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: It is all very well for the Minister to say I am being dramatic. What is dramatic about saying that there will be a consequential vacancy in a court below? What is dramatic about saying that in all likelihood there will be a sequence of judicial appointments to be made?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: I did not say five or six the whole way down to the District Court. I never suggested that. The Minister is now over-dramatising the situation. I never suggested that the appointment of somebody to Chief Justice would have a knock-on effect in the District Court. What I did say was that it is very likely to have knock-on effects in the superior courts, the High Court, the Court of Appeal...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: I do not know what the Minister is saying.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: I am not going to argue and I have been told by the Acting Chairman to address the debate through her.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: I will do so. Let us look at the amendment. The Minister said he read this carefully. There is not one word about the Circuit Court or District Court in it. The proposed new section states:Notwithstanding the provisions ofsection 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...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: Did I understand the Minister correctly? He asked me and Senator Craughwell to deal with the amendment on the basis that he would accept amendment No. 87b. He used the word "Yes". He then said he did not want to interfere with the independent workings of the commission.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: That is good to hear and I welcome the comment.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: No.If it is amended and accepted, it will deal with part of the argument that Senator Craughwell and I have made. This could have been diffused a long time ago if the Minister had indicated that. There is nothing to stop him from writing a letter to Senator Craughwell, me or any other Senator indicating that he is disposed to accept a particular amendment. Why do we constantly operate in...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: Yes, if no other Members want to speak, I will press it.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Michael McDowell: I move amendment No. 86h:In page 28, line 29, after "office" to insert the following:"(other than the office of the Chief Justice, President of the Court of Appeal, President of the High Court, President of the Circuit Court or President of the District Court)". One has to read section 41 to see where this fits in. The section states:(1) Subsection (2) applies where—(a) more than one...

Seanad: Personal Injuries Assessment Board (Amendment) (No. 2) Bill 2018: Committee and Remaining Stages (19 Feb 2019)

Michael McDowell: I also wish to express my concerns regarding the rising cost of premiums. It is important that the civil law should be such that it is fair to persons who are injured through the fault of others. In particular, it should be fair to those who are trying to carry out business activities, voluntary activities, landowner activities, motorist activities, taxi-driving activities and all the rest....

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.