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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: -----and that Senator Michael McDowell is-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: -----unsuitable.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: The Minister has to understand the nature of the animal we are creating, the commission, will very much depend on the kind of person appointed to it. The nature of the kind of person who will look for appointment to it and who will be suitable for appointment very much depends on the commitment that will be expected from him or her. We know that the role is to be part-time, but "part-time"...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: Unfortunately, I cannot compete with some Members in their extensive commercial interests elsewhere, but I do manage-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: I am making the point that we have to understand the function and very nature of the commission will be determined by the extent to which consultants do its work for it. Are they to "assist" and produce reports for it or will the actual commissioners be expected to do the work of evaluation themselves de novo? I am now thinking of real circumstances such as the appointment of somebody to be...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: ----even if the appointment creates a problem for me personally in that he and I share offices. He is, however, an excellent appointee. I shall not name him to avoid embarrassing him.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: He, probably-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: I am confident that my close association with the man in question had nothing to do with his appointment, although I have to say I do consider him to be a friend.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: I warmly congratulate him on his appointment and the Minister and his colleagues on making the appointment.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: We agree on it, but the point I want to make is that someone in the position of practising barrister or solicitor who henceforth contemplates applying to the commission for appointment will be entitled to know who will be evaluating and scrutinising him or her before the process starts or will not be so entitled. As legislators, we are entitled to know what kind of person will be given this...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: Someone will have to decode the meaning of the following paragraph which seems to limit what can happen under subsection (8). It states, it "shall not enable the person [that is, a contractor], consultant or adviser, for the purpose of performance by the Commission of that function, to do any other thing".

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: That is all news to me.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: The Bill states, "but shall not enable the person, consultant or adviser, for the purpose of performance by the Commission of that function, to do any other thing". It would be fine if it stopped there. The only thing it can do is set out in paragraphs (a) and (b) and it is very simple. However, after the words, "to do any other thing", the Bill adds, "(other than a thing which facilitates...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: It is much more important than that. It would, for instance, enable the construction by the procedures committee of its policy documents. These tasks can be delegated to assist in the preparation of these things. Therefore, this wholly independent commission now becomes a brokerage for the services of third parties and nothing more. It will, of course, have to take ultimate responsibility...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: As I was saying before the quorum was called, it seems to me that this House is entitled to a clear picture of what the sponsoring Minister, the Department of Justice and Equality and the Government, on whose behalf this Bill is being moved, envisage will be involved in being a member of the commission, what remuneration will be offered to members and what kind of expenditure is envisaged for...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: We are entitled, as I will continue to repeat until we get a satisfactory answer, to know what kind of remuneration the Department proposes to give to people who are commissioners. The role of commissioner is a highly responsible job. It is not the same as sitting at a board meeting of Aer Lingus or some such company and making decisions once a month. It is taking responsibility for the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: That is a very simple question. The Bill, as currently devised, does not make that clear and seems to suggest the Government would not be told that. It is an alarming proposition that the Government would be given three names, graded one, two and three, and its members would sit down at the Cabinet table unaware that the most intelligent woman solicitor or the most brilliant senior counsel...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: The House should be aware of section 53(4). It reads that in the preparation of the statements referred to in subsection (1), which is a statement setting out the selection procedures and a statement of requisite skills and attributes - this is pretty central to the functions - the procedures committee, which is to be established, shall avail, not "may avail", itself of the advice and...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: -----have a clear set of straight answers on this issue. It comes down to what kind of remuneration will be offered to the lay members of the commission. I want to hear this. If it is to be €9,000 then it is a joke. If it is €40,000 it is getting serious. I want to hear from the Minister, on behalf of the Government, what kind of remuneration will be offered to these...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Michael McDowell: Distracted.

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