Results 3,001-3,020 of 18,727 for speaker:Michael McDowell

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: Yes, amendment No. 67. It is intended to eliminate the issue of consultants and advisers because, as I said, for the reasons I gave, it is inappropriate, especially when there are large numbers of applicants who might not be known or known well to any of the members of the Judiciary, the legal practitioner members or the lay members. There may be people who are completely unknown to any of...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: Yes.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: No, but at the top of the next page-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: -----the Bill reads "unless he or she is duly authorised by the Commission to do so". I do not know where that goes. There is a complexity to that.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: Perhaps the Minister will explain it to me. I cannot follow the textual connection.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: I am a bit slower than Senator Norris. I would like to hear an explanation first.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: We then come to the Minister's proposed amendment to make it a criminal offence to disclose information as described in section 27(1), presumably as amended. He proposes to make it an offence for which a person will be liable "on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both". I want to make this clear. That is a useless proposal. When I...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: The result was that the then Attorney General, David Byrne, asked the Garda Commissioner to use all of his powers to identify the source of the leak and prevent this kind of thing from happening. The Garda Commissioner at the time was Mr. Patrick Byrne. He attempted to comply with the Attorney General's request and found himself being effectively stonewalled, with people refusing to make...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: The Minister proposes removing "commission," and replacing it with "commission."

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: That is very unfair.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: I want to correct a false impression which the Minister has created. He has suggested that I am against it being possible to prosecute a confidentiality breach on a summary basis. I am not against that. I am saying that, if that is the only basis on which a breach can be prosecuted, there can, as Senator Norris has picked up, be no effective investigation of someone who participates in a...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: -----or of someone who receives the information from a leak. The Minister has not dealt with this. He is either serious about this or he is not. Amendment No. 70, which is in the names of Senators Boyhan, Craughwell and me, makes it very clear that we have no objection to a summary disposal in the District Court of such an offence. The proposed section 28(2) of the amendment states:Any...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: It is simply wrong to suggest that I have some problem with the existence of a summary jurisdiction to deal with this. I have said plainly, and I will say it now on the record of this House, that I have no such problem in the case of minor offences. If it is a minor offence, I have no problem with it being dealt with summarily but the consequence of saying that is the only way in which it...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: I presume both the journalist and the garda kept their positions and the women who were confronted on their doorsteps and asked to confirm whether they had been the subject of a backstreet abortion had no remedy for this massive intrusion on their privacy, regardless of whether they had been involved in such a matter. I want to make it very clear that it is simply not the case that I am...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: Yes. The wording is:The Commission may as it considers necessary to assist it in the performance of its functions —(a) enter into contracts or arrangements with any person, and (b) with the consent of the Minister, appoint consultants or advisers. There is a distinction here between “any person” and appointed consultants and advisers. I ask the House to remember that....

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: It could be catastrophic if the expert appointed by the commission decided that a particular judge was not suitable for promotion or that a barrister or solicitor was unsuitable. Presumably there is going to be a documentary record of such decisions because they are going to be made under a contract and the person who provides this evaluation is going to come to quite subjective views about...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: Could I make another point? Supposing a sitting judge was regarded as a bit of a mistake - these kinds of things can happen-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: Supposing a sitting judge was considered to be a bit of a mistake and supposing the evaluation was more or less to that effect, that he or she was struggling to do the work he or she was doing at the moment and should not be appointed to any further position.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: I am not being tempted into irrelevance here. I am dealing strictly with what is relevant. I welcome Senator Lawlor to the House and am glad this morning’s proceedings have made him more interested in the Bill.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (8 Nov 2018)

Michael McDowell: I say that without any malice whatsoever. I welcome the Senator’s presence.