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

Michael McDowell: What?

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

Michael McDowell: On the other hand I do not read much of what is attributed to the Minister's colleague, but this jumped off the page at me, and I thought the Minister should be aware of it. Now he is aware of it. He also told the Sunday Independentthat The Irish Times had been "ranting and raving in a kind of almost fervent zealotry" about his proposals. He said, "They're very keen to stop it and they...

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

Michael McDowell: I am glad to hear the Government has done it today.

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

Michael McDowell: Excluding today.

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

Michael McDowell: I had not heard of it. There are more in the pipeline. I am glad to hear that.

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

Michael McDowell: It makes it very clear to me. The statement that this is about cronyism and perpetuating political patronage and favours, and that is what I am doing here, really needs to be underlined when the Minister's own Cabinet colleagues have made 36 appointments. Either those are good appointments - I think they are good appointments - or they are not. Either they are exercises in political...

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

Michael McDowell: Let it be there. It is scandalous that members of the Government from the very top to the lowest member of Government, whoever that might be - I have a candidate in mind, I have to say - refuse to condemn this kind of language in respect of decisions they are making. I really resent it. It is perfectly-----

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

Michael McDowell: It is about time that some discipline was imposed in the Government. Instead of telling us how to do our business in this job, might I suggest the Government meets and acts as a collective authority. Either it is engaging in patronage and favour-giving or it is not. If any member of the Government thinks that the old system is inherently an exercise in patronage or favour-giving he should...

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

Michael McDowell: I do not want to get personal and I do not want to go there.

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

Michael McDowell: The Minister is not here, but I have been told by his paid employees that he pays close attention to everything that is said in this House. From the media exposure over the Christmas break it seems he is quite happy to fire off volleys at those who oppose his legislation but like Mrs. Mulligan's dog, he is a devil to give it but cannot take it. I want to draw the Minister's attention to-----

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

Michael McDowell: Without being disorderly, I wish to bring the Minister forward to why this amendment is so important. It is because of what is later provided for in sections 48 and 49 of the Bill with which we are dealing. Section 48 innocuously states:(1) Notice of an appointment to judicial office shall be published in Iris Oifigiúil and the notice shall, if it be the case, include a statement that...

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

Michael McDowell: It is a shocking piece of nonsense.

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

Michael McDowell: What it is supposed to be, I do not know. Why it is there, I am not clear. The section I am dealing with now aims to prevent sitting members of the Judiciary from having to go through this process and says it does not apply to them. It is partly motivated by the fact that section 48 requires the Government, if it does not agree with the commission's viewpoint, to give a written...

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

Michael McDowell: It is not a reasoned explanation. It is a self-evident piece of nonsense.

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

Michael McDowell: It does not give a reasoned explanation, so why are we even being invited to consider legislation in this form? Why are we asking a member of the sitting High Court, the Court of Appeal or the Supreme Court who is seeking an appointment or seeking to signal an appointment to any position in those courts to go through this meat grinder process, which requires, if they are appointed...

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

Michael McDowell: It is an astonishing provision. If one thought that this is just a little aberration, then one must look at section 49. We will come to the latter in the fullness of time but it states, "Within 30 days after the end of each year, the Minister shall cause to be laid before the Houses of the Oireachtas a statement of appointments to judicial office made by the President during the previous year".

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

Michael McDowell: I have to deal with the Bill as it stands. If I look at the list of proposed amendments-----

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

Michael McDowell: -----the Minister has not brought any. Now he is stating that he intends to make some undefined amendments to this at some point because he agrees that these sections are unsatisfactory.

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

Michael McDowell: In my name.

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

Michael McDowell: I have to say-----

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