Results 3,321-3,340 of 18,727 for speaker:Michael McDowell

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

Michael McDowell: If I make no other point in the course of this entire process that has any merit and that would attract any support from the draftsmen, could I draw the Minister's attention to sections 19(1)(f) and 19(1)(g)? Section 19(1)(f) refers to a member nominated by the Law Society of Ireland being struck off the roll of solicitors and section 19(1)(g) refers to a member nominated by the chairperson...

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

Michael McDowell: It could be an exercise of simple patronage. Likewise, if the president of the Law Society is to be given the right to make a nomination without the council of the Law Society at the very least agreeing to the proposal, there would be a problem. It appears that sections 19(1)(f) and 19(1)(g) differentiate between somebody nominated by the Law Society as such and somebody nominated by the...

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

Michael McDowell: Let us be clear about one thing. This House has sat long and hard to consider this legislation. It sat on a Monday, which is very unusual. The only reason that was proposed was the internal imperative in the Government to assure one particular member of the Government, to the greatest possible extent, that this legislation would be dealt with before the summer break.That is the only...

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

Michael McDowell: How can section 19(1)(f) and (g) be appropriately drafted in the light of the express terms used in section 13? There is an anomaly. The Minister does not want to enter into debate on this matter because perhaps he is getting weary. If he is, he might at least suggest he will address the anomaly on Report Stage, whenever it takes place in the House.

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

Michael McDowell: Does the Minister want a quorum call? I will call a quorum.

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

Michael McDowell: I am calling a quorum.

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

Michael McDowell: The Members who have come to the House should know that the Minister has suggested we should consider abandoning the debate owing to an absence of interest in the debate among Members of the House. I am sorry that I have had to call them here to show that they are interested in the debate. I asked the Minister to indicate whether he proposed to amend section 19(1)(f) in order that it would...

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

Michael McDowell: That is pure obstinacy. It is strange that one person is described as a member nominated by the Law Society of Ireland whereas another person is described as a member nominated by the chairperson of the general council of the Bar of Ireland. I do not see why there is a different phraseology relating to the two different people.

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

Michael McDowell: I move amendment No. 44:In page 14, to delete lines 11 to 15 and substitute the following:"(2) The Minister shall appoint pay persons, the subject of recommendation under section 12(3), to be members of the commissions.".

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

Michael McDowell: I move amendment No. 46:In page 14, lines 27 to 29, to delete all words from and including “the” where it secondly occurs in line 27 down to and including “meeting” in line 29 and substitute “the acting Chairperson shall be a member who holds judicial office in accordance with seniority”. Section 15(3)(b) outlines that at a meeting of the commission,...

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

Michael McDowell: I am sorry, but I am only going by the public record. No one in his or her right mind - I certainly include the Minister, Deputy Flanagan, in that context - could believe it was fair or proper to say that there should be nine members as a quorum, of whom five should be lay members. If ten members turn up and four of them are lay people, the meeting will dissolve. How ridiculous is that?...

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

Michael McDowell: I will revert on those.

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

Michael McDowell: I will listen to others and perhaps the Minister.

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

Michael McDowell: I thought he might have something to say but he does not.

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

Michael McDowell: I never said a word of that.

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

Michael McDowell: It is not international best practice.

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

Michael McDowell: Is this provision in English or Welsh law?

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

Michael McDowell: That is not international best practice.

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

Michael McDowell: Is there a requirement that nobody should-----

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

Michael McDowell: The Minister resorts to a facile and ridiculous defence of this proposition. He ascribes to me and Senator Marie-Louise O'Donnell the sentiment that we are saying that a judge must be a chair. We have never said anything of the sort. If the Minister, who is a skilled lawyer and advocate, thinks he can get away with saying that we believe the sky will fall unless these bodies are chaired by...