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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (9 Jul 2018)

Michael McDowell: One of the points that was raised, which triggered in me a problem that I have with all of this legislation, is that no one has explained how it will work. People have said that it will be transparent.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (9 Jul 2018)

Michael McDowell: What does "transparent" mean?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (9 Jul 2018)

Michael McDowell: If I as a senior counsel of, say, 15 years seniority fill out the forms and put in my application to this body, what will I know about what happens afterwards? Will I get a rejection slip or a kind little letter telling me that, although on this occasion I had been unsuccessful, I should feel free to have another go? Will it tell me that Joe Bloggs Limited had decided at a preliminary stage...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (9 Jul 2018)

Michael McDowell: This is a serious issue and I am not making a facile point. Will the Government know who was rejected by the commission and who was rejected by these contractors, advisers and so on and was not even short-listed? Will anyone know what is happening in the commission afterwards or will it simply be that three names will appear on a short letter to the Secretary General of the Government and...

Seanad: Order of Business (5 Jul 2018)

Michael McDowell: Arising from the proposal for the Order of Business and the first motion, which is to be discussed after the matter to be taken without debate relating to proposals to meet and consider Committee Stage of the Judicial Appointments Commission Bill further on Monday, I want to indicate a few things at this stage, without anticipating the debate on that proposal, which I presume we will discuss...

Seanad: Order of Business (5 Jul 2018)

Michael McDowell: Now that I have seen the GRECO report, I really feel that the attitude of the Government on this matter has been shameful.

Seanad: Order of Business (5 Jul 2018)

Michael McDowell: There has been concealment and deception and it is wrong.It is all motivated by a desire to slip things through so as to satisfy the ego of one person in a hurry. That is what is happening here. What I want to say to the Deputy Leader here today, through the Chair, is that even if Committee Stage finishes next Monday, in the hours allocated for it - and nobody has filibustering on this...

Seanad: Order of Business (Resumed) (5 Jul 2018)

Michael McDowell: That is good to hear, but there have been Report Stage amendments. How many hours have been given to do that?

Seanad: Order of Business (Resumed) (5 Jul 2018)

Michael McDowell: He is not confined to his own Department. The Deputy Leader knows that.

Seanad: Order of Business (Resumed) (5 Jul 2018)

Michael McDowell: The Minister for everything can speak about everything.

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

Michael McDowell: I move amendment No. 4:In page 8, lines 17 and 18, to delete "and includes the chairperson".

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

Michael McDowell: I move amendment No. 6:In page 9, between lines 24 and 25, to insert the following:“7. Nothing in this Act shall be construed as limiting the advice the Government may give to the President with respect to the appointment by the President, under Article 35 of the Constitution, of a person to be a judge.”. This amendment echoes something the Minister said the other day in the...

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

Michael McDowell: Exactly. It is certainly not-----

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

Michael McDowell: It is certainly not the Minister who is here, but a Minister-----

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

Michael McDowell: A Minister, whom I shall not name, said that the purpose of this Bill was to take the appointment of judges out of the hands of politicians.As I said yesterday, this is strange coming from a person who, when in opposition, proposed that a committee, consisting of Opposition politicians in the main, should decide who should be appointed to the Bench. He proposed an amendment to the...

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

Michael McDowell: It is trying to pull the wool over the public's eyes on this matter.

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

Michael McDowell: I am glad Senator Norris is like a Greek chorus in this.

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

Michael McDowell: Anybody who puts as much effort as some individuals have done in order to get to the Cabinet table and park their feet under it, should not be there if he or she is not willing to accept responsibility and personal accountability for the appointment of judges. In the end, this legislation, in whatever shape or form in which it is passed, cannot transfer responsibility for the choice of...

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

Michael McDowell: That is the point. Upholding the Constitution-----

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

Michael McDowell: It was an excellent intervention, if I may say so. I welcome that remark but the point is that the Constitution is what the Supreme Court says it is and it ultimately means what the Supreme Court says it means. Therefore everybody on any Supreme Court makes a declaration to uphold the Constitution and the laws. However, in the minds of different people who might or might not be appointed...

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