Results 2,781-2,800 of 18,726 for speaker:Michael McDowell

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: The more I hear about this the more alarming I find it. First, let us deal with the invitation the Minister gave me, which was to indicate that his senior appointments committee would be better than what we have here. I am very loath to do so because, if he simply brought us back to the position at which this Bill had us in the Dáil, it would still be unconstitutional for the reasons I...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: The appointment of an ordinary member of the Supreme Court, whether it is a man or woman, is of major importance. We only have to look to America. It was not the appointment of a chief justice that caused President Trump to get into such a state of high excitement but rather the appointment of an ordinary member because he was affecting the complexion or balance within the court. This...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: I move amendment No. 79:In page 26, to delete lines 12 to 16 and substitute the following: "(a) the provisions of the Act of 1961 as amended relating to qualification for appointment as an ordinary judge of the High Court including section 45A of the Act of 1961 (as inserted by section 33(4)),".

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: I move amendment No. 80:In page 26, line 27, to delete "The Commission" and substitute "Without prejudice to section 7, the Commission".

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: A number of aspects are becoming clearer as the discussion goes further. Section 36 is in Part 6, Chapter 2 of the Bill.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: I just want to be clear. The confusion seems to lie entirely in the drafting of this legislation. This section states:(1) The Commission shall not recommend the name of a person to the Minister unless the person—(a) has displayed—(i) in the case of a barrister or solicitor referred to in subsection (2), in his or her practice as a barrister or solicitor, as the case may be, a...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: Yes, and a degree of competence when the person was a barrister. These are the kinds of things the commission does not take into account when appointing a Chief Justice, President of the Court of Appeal or President of the High Court. It is very reassuring that these positions are now to be filled by people who have not been vetted on their competence, character, health, temperament or...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: When sections 34 and 36 are combined, the commission, which for most judicial appointments is supposed to look at suitability on grounds of character, temperament, competence, probity and suitability on grounds of health, is not to do this for the three most senior appointments in the land. I cannot understand how that could possibly make sense. I do not understand why we have this...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: I was called away for a meeting of the Committee of Members’ Interests of Seanad Éireann and did not quite hear everything the Minister said in response to the points I raised. I believe I have gathered the drift of them from the discussion thus far. The terms of this Chapter and Part of the Bill and of Part 7 have quite clearly been seriously interfered with by the amendments...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: Clongowes or wherever else. I will not mention any other school-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: -----because I will be accused of snobbery. Other such criteria might include the person's religion or things like that. Why are we even considering for a minute giving the appointments commission the function of trying to work out a shortlist of three people from among the Judiciary in order of preference for appointment to the Supreme Court? Why are we doing that? Who are these people...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: Yes. As a member of Government, he or she has undertaken a constitutional office. At least members of the Government are given by the people under the Constitution the role of deciding who they should recommend from among the Judiciary to vacancies for the position of ordinary judge of the Supreme Court. I cannot see any basis in the Constitution for saying the Government should not find...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: The presidencies are selected out in the Minister's model, which was rejected for a special recommendatory process, but the ordinary members of the Supreme Court are just as important as, for instance, the President of the High Court. They are just as important and just as crucial to the operation of the State and the operation of the constitutional order as anybody else is. Therefore, I...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: The Senator would. That proves my point.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: There is no problem here. I served for eight years as Attorney General and Minister for Justice, Equality and Law Reform and the people who were appointed to the Supreme Court were not appointed on the basis of cronyism or political allegiance. They were appointed on the basis of what kind of people they were, what kind of brains they had, what kind of social attitudes they had and what...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: No. He said I am too wide in my amendment No. 90 and he thinks he is going to try and get back to where he was in the Dáil before it was amended. No practical reason has been given as to why this should be done. I am against this section. It no longer makes any sense at all. It is ridiculous that we should now be putting in legislation that the three highest presidencies in the land...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: Section 36 is related to section 34(1).

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: I would like to know what suitability "on grounds of health" means.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: Yes. One could have a lifelong disability of various kinds and be a perfectly good judge. The implication is that there would have to be medical examinations in order to be appointed to the Judiciary.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (28 Nov 2018)

Michael McDowell: Yes, or fill out a form about one's medical background. I wonder why it is that the commission is being given this function of assessing the health of candidates. Why are we doing that? It has not been a problem in the past.