Results 3,081-3,100 of 18,761 for speaker:Michael McDowell

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

Michael McDowell: I was having difficulty with the inclusion of amendment No. 90.

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

Michael McDowell: This group of amendments is of central importance to this legislation. Unless it is resolved in a manner which I consider to be satisfactory and constitutional, I will have the gravest of problems with the Bill. In general principle, there will have to be some degree of confidentiality attaching to any process, be it the current Judicial Appointments Advisory Board process or a judicial...

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

Michael McDowell: Yes. If one of the criteria in devising the shortlist is to secure diversity which is one of the aims of the commission and somebody is knocked off the list five times in a row because he or she is not sufficiently "diverse" - whatever that means - is it possibly right for an independent body to require each judge to submit to an examination of his or her suitability on the grounds of...

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

Michael McDowell: That is the point.

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

Michael McDowell: I accept the Chair's ruling, obviously, but I am not. I have asked the Minister to be explicit on this. If these things are kept secret, the Government will not know who is being knocked off the list and who is being ignored consistently and that is the reason I slightly digress. It is most important to existing judicial appointees seeking promotion. It is most important that the...

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

Michael McDowell: Which section or amendment?

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

Michael McDowell: It is purely because I had earlier proposed an amendment to scrap advisers and consultants.

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

Michael McDowell: I indicate that the reason our amendment to section 28(2)(b) was an indictment for a term of imprisonment not exceeding five years or a fine or both was simply that if such a power is not there and it is not a serious offence to do this, the Garda has no right to arrest anybody who it suspects of having committed the offence, no right to investigate or seize various-----

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

Michael McDowell: No, it is not mandatory, but I will explain it to Senator Norris, through the Chair. When the Official Secrets Act 1963 applied to all members of An Garda Síochána, a habit had broken out among some members of disclosing harmful information to the media, and the Attorney General of the day was informed by the Commissioner of An Garda Síochána that unless he had a power of...

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

Michael McDowell: I thought it was an Opposition amendment. I am sorry about that.

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

Michael McDowell: I am grateful to the Minister for making very clear what I had always feared to be the devastating hole and error at the heart of this legislation. The Minister has just made it clear now that the policy is that the Government would be kept in the dark and expected to look to the shortlist except where it falls short of the maximum number available in the shortlist and that it will be cast...

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

Michael McDowell: That is what the Constitution requires. It is entirely unconstitutional to attempt to invade the Government's function in this matter, which is a democratically accountable function. It is a non-delegable function of the Government, given by the Constitution, to decide who should and who should not be on the Supreme Court. There could be two equally capable lawyers but the Government might...

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

Michael McDowell: It will be a crime for the Attorney General to say that while a certain person has not been shortlisted three times, he is entirely suitable for the position and that the Attorney General just wanted the Cabinet to know this before, collectively, they made up their minds about any or all of the people on the shortlist. That, however, is what the Minister is asking us to do. He is asking the...

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

Michael McDowell: It is section 62.

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.