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

Michael McDowell: The Minister may not need the assistance of the Chair, because-----

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

Michael McDowell: ----- up to now I have regarded those amendments-----

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

Michael McDowell: ----- as mine.

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

Michael McDowell: I am beginning to see that they are Government amendments, as denoted by the use of asterisks.

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

Michael McDowell: I realise that I will be speaking for the Government when proposing those amendments.

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

Michael McDowell: If the Minister succeeds in persuading Dáil Éireann to accept a deletion of those, that is one thing. However, if he does not-----

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

Michael McDowell: Hold on a second.

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

Michael McDowell: No, it is amendment No. 85b.

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

Michael McDowell: I am dealing with the Bill as sent forward to this House by Dáil Éireann. The Minister says that he proposes, by means of these asterisks, to accept my amendments when I move them. Presumably, it is quite likely that the House will accept the amendments I am proposing. If that is to be the case, we are still not sure that Dáil Éireann having in its wisdom - or in this...

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

Michael McDowell: Regarding amendment No. 85b, a lengthy list of the appointments to the High Court, the Court of Appeal and the Supreme Court made by this Government was read into the record. Senator Norris is unaware that there is a second additional list of amendments.

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

Michael McDowell: Many promotional appointments to the High Court, Court of Appeal and Supreme Court give rise to a domino effect, whereby other vacancies arise. One of the curious things about this legislation is that if, for instance, the Government decides to appoint a judge of the Court of Appeal to the Supreme Court, a vacancy thereby will be created in the Court of Appeal. As the Bill stands, either...

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

Michael McDowell: Which section is the Senator discussing?

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

Michael McDowell: Does Senator Bacik want to say something?

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

Michael McDowell: While I appreciate Senator Bacik's commitment to fairness and justice for women and gender justice, I do not agree with her amendments. I will explain why. Section 7(1) states: "A decision to recommend, under this Act, a person for appointment to judicial office shall be based on merit." Section 7(2) states:Subject to subsection (1), where the function, under this Act, of selecting and...

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

Michael McDowell: -----but the section 7 approach is based on merit, and in making merit-based decisions, there is a desideratum that there should be a balance between men and women in the Judiciary. However, in this section Senator Bacik is saying that even if the commission comes to the conclusion that three persons of one gender are the best people, it must slam on the brakes, delete one of them and add a...

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

Michael McDowell: She would be horrified if that were to happen. I indicated to the Minister, in the context of the reprehensible remarks made by Senator Ross about the judicial appointments that have been made by this Government since he became a member of it-----

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

Michael McDowell: He did. He said this Bill is the only way to stop, as he said, and I will have to check it again-----

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

Michael McDowell: I would hate to misquote him. He said that by delaying the Bill, we are perpetuating political patronage and political favours.

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

Michael McDowell: Either they have stopped or they have not. If political patronage and political favour giving are taking place at present-----

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

Michael McDowell: I know, and so do I.

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