Results 2,961-2,980 of 18,761 for speaker:Michael McDowell

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (15 Nov 2018)

Michael McDowell: -----think it should not go further, yet we are throwing this money away.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (15 Nov 2018)

Michael McDowell: The Minister has indicated that the proposed appointee would be somebody who would be remunerated at the level of a principal officer in the Civil Service. That is, I suppose, a reasonable salary range to nominate for this position, but if one looks at subsections (2), (3) and (4), then we have a slight difficulty because subsection (2) states: "The Director shall hold office for such period...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (15 Nov 2018)

Michael McDowell: I will happily do so but I want to put on the record that I-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (15 Nov 2018)

Michael McDowell: I made myself available for a three-hour debate this afternoon.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (15 Nov 2018)

Michael McDowell: I want to make the point in response to-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (15 Nov 2018)

Michael McDowell: I will finish on this, if I am allowed to say one sentence. I made myself available.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (15 Nov 2018)

Michael McDowell: The Government decided to talk this matter out by having the Greyhound Racing Bill 2018 spill over until 4.35 p.m.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: I move amendment No. 70:In page 21, between lines 8 and 9, to insert the following: “Strict confidentiality of certain communications and matters28.(1) Subject to the provisions of this Act and in addition to the provisions of section 27—(a) the proceedings of the Commission or of its committees, (b) confidential information within the meaning of section 27, (c) confidential...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: There are a number of points in respect of section 28 that I would like to deal with. I notice that in section 28(1)(a) the section is stated to apply to the commission, the procedures committee or any other committee of the commission. Is it possible under the terms of the Bill, as it stands, for someone to be or to have been a member of the procedures committee, or any other committee of...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: Then why are we saying that this applies to a "to a person who is or was ... a member of the Commission, the Procedures Committee or any other committee" instead of just saying "who was a member of the Commission"?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: It looks as if it is erroneous. Perhaps at one stage there was a provision in the text for the co-option of people who are not members of the commission.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: I still do not understand why it does not apply only to a member of the commission or the director or a member of staff of the commission. I do not understand why it is necessary to specify the procedures committee. Section 28(2) states:In addition to what is provided for in section 27, a person to whom this section applies shall not, except for the purposes of this Act, disclose—...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: My point is that the words following "a member of the Commission" have no additional meaning and do not widen the scope of the provision or play any useful part. If a person is or was a member of the commission, regardless of what committee of which he or she might be a member, the duty of confidentiality imposed by section 28(2) is dependent on the committee of which he or she is or was a...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: I refer the Minister to section 16(1) which deals with the procedures committee and its role in the case of applicants for judicial office. It states:The Commission shall establish a committee to be known as the Judicial Appointments Procedures Committee (in this Act referred to as the “Procedures Committee”) to perform the functions assigned to that Committee under this Act...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: Section 28(2) states: "In addition to what is provided for in section 27...". Will it be a criminal offence to infringe the confidentiality provisions set out in section 28(2)?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: Why then is the section being retained in the Bill? To me, it does not appear to add anything to section 27, as amended.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: I am sorry to be difficult, but where are the provisions of section 27, as amended, made applicable to section 28?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: We are back on the section, as amended. Is that right?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: I see we have amended it. I do not want to be repetitive but I really believe this offence is non-investigable for the reasons I mentioned previously. Could the Minister explain with regard to subsection 2(b) why the ban on revealing any matter concerning the removal of a member is confined to the period of time before the removal takes place under section 20?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (14 Nov 2018)

Michael McDowell: Subsection 2(b) concerns any matter concerning the removal of a member of the commission. The persons prohibited from dealing with that are people who are or have been members of the commission. Does it mean that somebody who was removed from membership of the commission is free to talk about that and the reasons he or she was removed after the removal but is not free to do so before his or...