Results 3,141-3,160 of 18,727 for speaker:Michael McDowell

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: Section 22(3) provides that the chairperson shall not be required to give an account before a committee for any matter which has been the subject of proceedings before a court or tribunal in the State. Subsection (2) imposes on the chairperson of the commission the obligation to attend before an Oireachtas committee to give account for the general administration of the commission. In that...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: The Statute of Limitations might apply then.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: Perhaps we can forget for a moment Senator Norris's concern about what may or may not happen in the courts in the future. Instead, I would like to refer to something that has happened in the courts in the past. Perhaps we might consider circumstances in which an Oireachtas committee is concerned that an officer of the commission has been wrongfully dismissed, bullied or wrongfully removed...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: I cannot understand how the fact that something has been before the courts could mean it would be contrary to public policy, or wrong in any way, for an Oireachtas committee to be allowed to ask the chairperson of the commission, as the official responsible and accountable for the general administration of the commission, to explain how it happened that money was spent and somebody was...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: There would be no accountability whatsoever. I cannot understand why such a provision should be allowed to stand. I would like to come back to another point later in this debate. In the circumstances I have outlined, why should the fact that the matter has been the subject of court proceedings be of such relevance? It would not need to have been the subject of an open trial. It would...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: Exactly. This section allows the chairperson to refuse to answer questions about such a case on the basis that the statute expressly prohibits him or her from doing so, or from being required to provide answers in any shape or form. The High Court would have to accept that as the literal meaning of this section.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: It is sub judice.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: With the greatest respect, the point I have made has been completely ignored.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: Let me reiterate it. Let us imagine a number of officers of the commission bringing proceedings in the High Court arising from the manner in which they are treated by the commission. They are seeking reinstatement, removal, compensation, damages or whatever. Those proceedings are commenced and settled.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: That is a matter which has been the subject of proceedings before a court in the State. The chairperson of the commission is then asked by the Members of the Oireachtas to account for the circumstances in which he or she and the commission over which they preside have incurred liability, legal costs and all the rest of it on behalf of the State. He or she is asked to account for the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: It does not mean-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: I assume it was merely compensatory and not profitable.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: The issue is that the matter has been before a court and that rules it out of all accountability. I do not know whether this is a standard form. I do not know whether the draftsman has used this before or how often it has been used before. However, we are dealing with it now.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: I do not know whether it has been debated before in either of these Houses, but here we are confronted with a specific proposal to make it off-limits for any Oireachtas committee to ask the person chiefly accountable for the general administration of a body to be accountable in respect of any matter which has led to the institution of court proceedings which have been settled. I cannot for...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: -----or a large amount of compensation was awarded or somebody who had been suspended for a period of time was reinstated and there had been High Court proceedings concerning all of that, the person in charge of the general administration of that office may not only say he or she cannot be asked to give an account, he or she may refuse point-blank to do so. That person could be brought to...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: I agree with the Minister that an Oireachtas committee cannot hire or fire the chairperson, but it can ask an officeholder to be accountable in order that the Government, which has the function of removing people for stated reasons, can decide whether it is appropriate to do so.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: Public accountability to a committee is not the same as being hired or fired by that committee.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: Senator Norris is slipping into the Minister's verbal trap somewhere here. I return to the point that this is not a matter of reopening that on which a court has adjudicated.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: There can be situations where there have been proceedings before a court, the court has never heard the evidence on either side, it has made no decision, and the proceedings have been terminated on the basis of a private settlement, as happens in 90% to 95% of cases. They do not be heard, adjudicated on or whatever. Let us be clear. We are dealing with a proposed provision in a Bill which...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Oct 2018)

Michael McDowell: The Minister may be of the view that one of his colleagues thinks he is dragging this out but, with respect, that is not what is happening. The Minister referred to section 12 and stated that he is under a duty to request the Public Appointments Service to carry out a selection process where a vacancy arises. That is true. The Public Appointments Service, under section 12(2), is then...