Results 2,661-2,680 of 18,726 for speaker:Michael McDowell

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: My proposal is------

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: I am prepared to withdraw the amendments in my name. I have not spoken to the Minister of State on the matter but perhaps he would be willing to do the same and the committee could take a simple decision on whether it adopts the report------

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: ------without amendment. If it is not adopted, that is the end of the matter.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: Perhaps the Chairman will indicate whether I am right in my understanding that the Bill is still with this committee.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: It is open to us to look at the Bill again and to say we want a different report setting out the circumstances in which the Bill might be proceeded with, perhaps after being amended in a certain way.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: If somebody draws up a report of that kind, we could reconsider the matter at a future stage. It is not as if the Bill has been killed stone dead.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: A different report will have to accompany the Bill to the Dáil. That report could recommend that the Bill should go to the next stage subject to certain changes.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Petroleum and Other Minerals Development (Amendment) (Climate Emergency Measures) Bill 2018: Discussion (18 Dec 2018)

Michael McDowell: I did not suggest that.

Seanad: Order of Business (12 Dec 2018)

Michael McDowell: The first thing I wish to mention this morning is that in the course of yesterday afternoon and evening, the Seanad reform implementation group completed its work. I hope to be in a position to circulate to the Taoiseach and to Members of the Oireachtas the final text of our work within the next seven days. I wish to take this opportunity to thank the Members of this House for their...

Seanad: Order of Business (12 Dec 2018)

Michael McDowell: As this House is aware, there are two Houses in the Oireachtas. It is likely that the Bill will be introduced in Dáil Éireann so that we will have the views of the people's direct representatives on the matter before we get to see it in this House. In the end, the people of Ireland voted to retain Seanad Éireann. The members of the implementation group took that mandate to...

Seanad: Order of Business (12 Dec 2018)

Michael McDowell: It may not proceed, but that is what we are witnessing. While sympathy may go to a person who is battling for a particular position, nonetheless it should be remembered that Mrs. May has set her face against allowing the British people to have a final say in whether they do or do not want to leave the European Union on the terms she has negotiated. I want to put on the record that from my...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: On the previous occasion we were discussing the meaning of section 37, insofar as it disapplies Chapters 1 and 2 of Part 7 of the Bill to a judicial office to which section 44 applies. This means it disapplies the provisions of sections 38 to 43, inclusive, to the offices of Chief Justice, President of the High Court or President of the Court of Appeal. This would be all very well, except...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: I am glad to hear what the Minister has said. The more I have reflected on section 44 and on whether it should be wide or narrow or should apply purely to the Chief Justice, the President of the Court of Appeal and the President of the High Court rather than to ordinary members of those courts, the more convinced I have become of the merits of making the broader case which I have made. I...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: -----from the Court of Appeal or the Supreme Court. I am not saying, for reasons of intellectual snobbery or any such reason, that the members should not apply to the judicial appointments commission.It is because nobody should be on one of those courts who is not capable of functioning when invited on the Court of Appeal or the Supreme Court. There are not two tiers of Judiciary in the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: Exactly.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: The legislation would require the candidate to be selected as one of a list of three to be appointed to a vacancy. I believe that the entire High Court is a shortlist for appointment to the Court of Appeal and under the Constitution the entire High Court and the Court of Appeal are the shortlist for appointment to the Supreme Court. We do not need some further evaluation. We do not need...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: Having said all of that, as far as I am concerned, the distinction between section 44 appointments as currently envisaged and other appointments is not valid for the reasons that I have explained. The only distinction I see is between serving members of the superior courts at all three levels who are ex officioqualified to function in the upper two courts and there should be no involvement...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: I move amendment No. 83a:In page 27, line 16, after "Part" to insert ", and notwithstanding the provisions of section 37". This amendment would provide that section 38, effectively, would not be disapplied by section 37. The structure of the Bill, as it currently applies, indicates that section 38 will not apply to senior appointments, whatever they may end up being, under section 44. By...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: It reapplies them.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (12 Dec 2018)

Michael McDowell: I did.