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

Michael McDowell: The Minister is-----

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

Michael McDowell: I just want to make one point and I will make it very simply. There is no reason on God's earth why there should not be a provision in this Bill saying that where there is a vacancy for the position of chairperson, the Minister may, pending the conduct of an appointment procedure under the previous section, appoint one of the other members of the commission to act as chairperson. I cannot...

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

Michael McDowell: If he simply said that in the event of the position standing vacant, he could appoint somebody to be the chairperson of the commission pending the appointment under section 12, what would be wrong with that?Is there some determination to resist all suggestions that there could be anything wrong with this Bill, or that there is a hole in it? There clearly is a hole in it.

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

Michael McDowell: We will have to put the matter to a vote.

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

Michael McDowell: If anyone checks the record of this debate-----

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

Michael McDowell: -----I have never filibustered or been irrelevant.

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

Michael McDowell: For the Minister to say these are far-fetched scenarios, I ask him to look at section 15(3).

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

Michael McDowell: I ask him to look at the section. It deals with the scenario in the context of a meeting of the commission where the position of chairperson is vacant. If it is not far-fetched in section 15, why is it far-fetched in section 22 when it comes to accountability? I do not see that it is far-fetched in the slightest. If we are going to have a vote, we can have a vote. My position is clear.

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

Michael McDowell: If the Leas-Chathaoirleach is going to put the question, I want it to go on the record that I have asked the Minister to consider removing "or has been" from the first line in subsection (3)(a) because that is redundant and nonsensical-----

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

Michael McDowell: -----and to remove "or may [at a future time] be" and to put in the ordinary sub judiceground. I am asking the Minister for assurance that he is at least open to having a temporary chairperson provided for in this statute for purposes other than section 14(3) and the purposes of a particular meeting and for the general purpose of operating the Act.

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

Michael McDowell: No amendments to section 23 have been tabled. The purpose of the section is to give authority to the Minister to advance to the judicial appointments commission, if and when it is established, out of moneys provided by the Oireachtas, such amounts as the Minister of Justice and Equality may, with the consent of the Minister for Public Expenditure and Reform, determine for the purposes of...

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

Michael McDowell: The point is the Judicial Appointments Advisory Board has functioned with a staff of one or one and a half people and no dedicated office building. In general terms it has functioned well and decent and proper people have been appointed to be judges. Those who were unsuitable have been detected as applicants and have not been recommended. Successive Governments have, since the...

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

Michael McDowell: Starting from that point, before we say "Yes" that it is all right for the Minister to have this power to disgorge sums of taxpayers' money, we have to ask ourselves what precisely has he got in mind for the operation of this new commission. I note the commission is to have a much more elaborate structure. It is to have an office and a director. It is important in those circumstances that...

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

Michael McDowell: That is another question. He would have been required by the Minister for Public Expenditure and Reform to set out how much money would be involved. Then we come to the question of how many staff it is assumed that this commission will have. It is to have a director and an office, and unless that is a complete sham, presumably the director is going to be directing people, and there are...

Seanad: Order of Business (3 Oct 2018)

Michael McDowell: I return to the topic raised by Senator Ruane, namely, homelessness and the housing crisis that exists in this country. It is about time that we realised a few basic facts. First, there is no prospect of resolving the housing crisis unless the supply of social and affordable housing is increased. Second, that supply will only increase if the Government takes direct action. Third, the...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Estimates for Public Services 2018: Vote 29 - Department of Communications, Climate Action and Environment (2 Oct 2018)

Michael McDowell: He may answer Deputy Stanley first.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Estimates for Public Services 2018: Vote 29 - Department of Communications, Climate Action and Environment (2 Oct 2018)

Michael McDowell: The non-collection is one item that has been mentioned and there is the cost of collection. That is approximately €12 million and it goes to An Post. That leaves €50 million which is either not collected or collected and given to a body other than the intended beneficiary. I reiterate my view that if the local property tax is in the hands of Revenue, as well as details every...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Estimates for Public Services 2018: Vote 29 - Department of Communications, Climate Action and Environment (2 Oct 2018)

Michael McDowell: -----and RTÉ and all the rest of it. The Minister's predecessor, former Deputy Pat Rabbitte, talked about only people in caves not having some form of such things and then we got the celebrated cave tax, as was proposed. If we are being honest about it, there is a very simple mechanism, which is to impose a sum per household regardless of whether they have a big yoke up on the wall or...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Estimates for Public Services 2018: Vote 29 - Department of Communications, Climate Action and Environment (2 Oct 2018)

Michael McDowell: Before the Minister gets away with what he just tried to do, he may recall that I indicated my concern that someone who, for instance, lived in Tallaght and had a caravan in Courtown was being asked by the Minister to pay for two television licences per annum. If that person was paying at the top rate of tax, which most workers reach quickly, it would entail him or her earning approximately...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Estimates for Public Services 2018: Vote 29 - Department of Communications, Climate Action and Environment (2 Oct 2018)

Michael McDowell: I meant we would not have a television in respect of-----

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