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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: I am making the point that the consequence of this-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: This is different. It becomes unlawful for someone to signal to the Government that they want to be appointed to this job.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: Not merely is it a criminal offence for the Attorney General to tell the Government that, say, Mr. Justice McDowell wants to be promoted, it now becomes unlawful and presumably misconduct for Mr. Justice McDowell to seek by the back door to inform the Government that he wishes to be appointed, with a view to being appointed.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: This is a central provision of the legislation. If I am right, and if the Minister's concession is taken at face value, and I take it at face value that this is his interpretation of the legislation, we are now faced with a situation where it is unlawful for somebody who wants to be appointed to inform the Government of that fact with a view to securing appointment, it is unlawful for the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: Is the Minister saying that it would be mandatory for the commission to inform disappointed applicants of their status or is he saying that it would not be mandatory, but it would be good practice to do it? Surely in all fairness to a Supreme Court, High Court or Court of Appeal judge who has served the country for 15 years it should be clearly the case that they should know whether they...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: And the longlist.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: There is, however, one section that may be the subject of such an amendment.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: The Minister, Deputy Ross, introduced a Bill to amend the Constitution.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: He is a member of the Government, but he did it before he got into government.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: Semi-detached.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: It was from the Minister, Deputy Ross.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: I want to come in as well.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: Or non-shortlisting.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: Of what?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: I would like to speak first.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: It may shorten things.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: I want to get on with the business of this House in as quick and expeditious a manner as possible.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: Everyone knows that. When I became Minister for Justice, Equality and Law Reform, the Cabinet handbook provided that when the justice Minister intended to propose someone to the Cabinet for appointment as a judge, he or she had to consult the Attorney General prior to doing do. I presume the Cabinet handbook still contains that provision. I think the rule is probably still in place.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: I do not think it is a secret. It is a well-known fact.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Michael McDowell: No, sorry. I do not have a copy of it. I did not take it with me. It is the case-----

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