Results 2,841-2,860 of 18,727 for speaker:Michael McDowell
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: It was signed into law by the President on 19 March of this year. Unless there is a deeming provision that the provisions of the Universities Act also apply to the technological universities it would be necessary to make provision for it in this Act.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: This is the first section in Chapter 2 of Part 6 of the Bill. We are now getting to a crucial portion of this proposed legislation. Chapter 2 is concerned with eligibility and preconditions for appointment to the relevant judicial offices. What I have a major problem with is that section 34(1) states: "Nothing in this Chapter shall be construed as being applicable to a judicial office to...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: That is my point, a Leas-Chathaoirligh, I was just going to point that out. I therefore cannot agree with what is provided in section 34(1), which refers to that. I am opposed completely to the procedure set out in section 44. When this Bill started off, there was to be a fast-track for those positions which did not involve a visit to the judicial appointments commission. It was amended I...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: I want to make one point. I see the point. I am sorry.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: The Minister is signalling we will not reach the amendments on which this great discourse he is promising is going to happen today.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: In view of that concession by the Minister, it is probably a good idea to put this section to a vote and we will deal with the matter on the next day.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: I move amendment No. 78:In page 25, to delete lines 25 to 34 and substitute the following:"(3) In the case of an appointment to the office of ordinary member of the High Court, the Commission shall not recommend the name of a person to the Minister unless in the opinion of the Commission the person has—(a) an appropriate knowledge of the decisions, and (b) an appropriate knowledge and...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: The purpose of the amendment is to underline our opposition to the idea that sitting members of the superior courts should be under any obligation to submit to legal experience and qualification evaluation by the commission at all. We are opposed to the idea that sitting judges should be asked to submit their names to the commission for appointment to the Court of Appeal and the Supreme...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: -----and has reconsidered the notion of making it a criminal offence for the Attorney General to inform the Cabinet as to who the applicants - the non-shortlisted applicants - were and is now open to amending the statute to allow for such information to be given to the Cabinet by the Attorney General, who ex officiois to be a member of this commission, at least part of my worries would be...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: I would like know whether I am wasting my time and playing handball against a ministerial and governmental haystack in respect of the obligation this Bill proposes to put on all existing members of the superior courts to effectively engage in a competitive process to be shortlisted to be among the three names to be sent forward for consideration by the Cabinet. If I was told the Minister is...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: It may be far more important for the Government to appoint David Norris on the basis of his liberal outlook or whatever rather than-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: Exactly. It may be far more important for the Government to make that appointment than to have regard to gender balance-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: I know.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: I refer to having regard to his social background-----
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: -----diversity, or lack of diversity, or where he stands in the spectrum of social diversity in Ireland. Those things may not be of interest to them and yet those are the criteria which we are saying must be the basis of him being, or not being, on the shortlist. I asked the Minister to inform me whether it is a central pillar of Government policy that existing members of the High Court...
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: Senator Norris pointed out a typographical in amendment No. 90.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: The amendment states that the Minister shall request that the judicial appointments commission furnish a report "of the Government". I want to change the word "of" to "to" so that the amendment reads "to the Government."
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: I will apply the change and amend the amendment.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: In the Supreme Court but among the existing Judiciary.
- Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)
Michael McDowell: Yes.