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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (30 Jan 2019)

Michael McDowell: Before I move on to amendment No. 86c, I wish to emphasise the gravity of the admissions that are being made by the people who are promoting this draft legislation. I wish to make a point that I have made a number of times.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (30 Jan 2019)

Michael McDowell: It would fit in here very well. This Bill will damage the quality of the Judiciary if it is enacted in its present form. It will inhibit the promotion of the best judges.

Seanad: An tOrd Gnó - Order of Business (29 Jan 2019)

Michael McDowell: It is.

Seanad: An tOrd Gnó - Order of Business (29 Jan 2019)

Michael McDowell: I second the amendment.

Seanad: An tOrd Gnó - Order of Business (29 Jan 2019)

Michael McDowell: I too want to be associated with the statements of sympathy to the relatives and friends and community members of those who died in that tragic accident in Donegal. When I heard there were four young men killed in a car accident and the word "Donegal" came after it, it brought me back to a number of previous occasions. I know today is not the day to discuss these things but I really think...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Garda Reserve (24 Jan 2019)

Michael McDowell: I am grateful to the Cathaoirleach for allowing this Commencement matter to be dealt with this morning.

Seanad: Nithe i dtosach suíonna - Commencement Matters: Garda Reserve (24 Jan 2019)

Michael McDowell: In any event, what I am dealing with here is a matter of the greatest seriousness. This Government, on foot of a statutory provision that I put into the Garda Síochána Act 2005, committed itself to expanding the Garda Reserve to 2,000 men and women who would voluntarily assist An Garda Síochána in the discharge of its duties, be available as backup and support, and be...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Garda Reserve (24 Jan 2019)

Michael McDowell: Something must be damaged.

Seanad: Nithe i dtosach suíonna - Commencement Matters: Garda Reserve (24 Jan 2019)

Michael McDowell: I thank the Minister of State for his response but he knows the problem runs much deeper than the text of his reply suggests. There is a cultural problem, as he admitted. There is a resistance to the Garda Reserve. If there is to be a review of the reserve, I want to know the following. Who will be on the review? Who will conduct the review? Within what timeframe will they bring back...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Garda Reserve (24 Jan 2019)

Michael McDowell: A minority report was preferred to our recommendation.

Seanad: Government's Brexit Preparedness: Statements (22 Jan 2019)

Michael McDowell: No.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (22 Jan 2019)

Michael McDowell: On the last occasion before the Christmas break, we were discussing a proposal on my part and on the part of Senators Boyhan, Craughwell and Norris for the amendment of section 39 by the addition of three additional subsections, one of which was to provide that nothing in the Act should require any member of the Supreme Court, the Court of Appeal or the High Court to apply to the commission...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (22 Jan 2019)

Michael McDowell: In reference to that, I want to say that to so misconstrue and misrepresent Article 26 of the Constitution, so as to say that effectively a "new ruse" had been dreamed up to allow them to consider the validity of the terms of this legislation before the President signs it into law and to say that this was somehow designed to assist a conspiracy of judges and other opponents to effect the way...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (22 Jan 2019)

Michael McDowell: It affects them, albeit indirectly and distantly. Article 26 has functions, one of which is to deal with situations where something the President is considering signing into law appears constitutionally appears suspect. Another function is in circumstances where the President comes to the view that it should not become law until it is tested because it is unlikely that an action will be...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (22 Jan 2019)

Michael McDowell: That would hardly be an edifying or proper position in which to put a judge, as the only person who could really protest about the new method of requiring all judges to submit themselves to external adjudication and exclusion by a process which is utterly non-transparent, from being shortlisted or made available to the Government as a would-be appointee. That judge would have to litigate....

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (22 Jan 2019)

Michael McDowell: No, quite the reverse.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (22 Jan 2019)

Michael McDowell: I am grateful to the Chair. I do not believe it was an admission that he had physically beaten them.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (22 Jan 2019)

Michael McDowell: Yes.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (22 Jan 2019)

Michael McDowell: If he had read it. I think he does take a close interest. The other point-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (22 Jan 2019)

Michael McDowell: I am grateful to the Acting Chairman for that but I also make this point. This is a Government Bill. Under the Constitution the Government meets and acts as a collective authority. The Minister for Justice and Equality, Deputy Flanagan, is here representing the Government and part of his collective authority, his Cabinet colleague, has said those things-----

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