Results 3,441-3,460 of 18,727 for speaker:Michael McDowell

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

Michael McDowell: Deputy O'Callaghan and I may have different views about what is involved in this. If there are to be 50 appointments made per year and there are to be interviews for those 50 appointments per year, it is not anything like the commitment that would be required of a board member of a semi-State company, who would have monthly meetings. It is something very different. If one District Court...

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

Michael McDowell: I can assure the Minister that JAAB would have dealt with 100 applicants in two hours.

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

Michael McDowell: I agree with that.

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

Michael McDowell: The birthdays are random days.

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

Michael McDowell: I will indicate very briefly where I stand on these amendments. On amendment No. 8, I prefer the present wording of section 7 to the proposed wording of the new section. I do not believe that the juxtaposing of the merit principle and the diversity principle will assist at all. It would create confusion. Senator Ó Donnghaile's proposed section 7(1) would seriously dilute the idea of...

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

Michael McDowell: Amendments Nos. 9 and 12.

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

Michael McDowell: It is in the group being discussed.

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

Michael McDowell: I should mention to Senator Norris, to satisfy his curiosity, that I believe all members of the commission should be equal in the discharge of their functions. On reflection, I do not think it is really a good idea to disable some of them from making particular decisions on the basis of their status as laypersons. During our consideration of these amendments, we have yet to come to the...

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

Michael McDowell: Health is an important criterion for the appointment of a judge. I will explain why. As I described earlier in respect of who would like to be a judge - it was today or yesterday, I cannot remember which, I think it was earlier today-----

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

Michael McDowell: It is all rolling into one. It is a very demanding job and if a person's health is not up to it, he or she should not apply for it. If a person applies for it while suffering ill health, the job should not be given to that person, whether it is a man or a woman. That is a sad fact perhaps for Senator Higgins to take on board but it is serious in the great majority of important...

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

Michael McDowell: We can talk all we like about the theory of equality. I am talking about the practice and the consequences of appointing somebody in poor health to a position. Senator Ruane talked about the capacity to operate through sign language. I do not think that a person who had to operate through sign language could function as a judge. It is the same as he or she not being able to function as an...

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

Michael McDowell: We are getting carried away with unrealistic things. I believe strongly that it is reasonable to ask a person seeking appointment to a permanent job, lasting for the rest of his or her life, to demonstrate that he or she is suitable on health grounds to be given that job.It is not the case that the person must be in the peak of health or enjoy brilliant health or that he or she does not...

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

Michael McDowell: I move amendment No. 10:In page 9, line 29, to delete “based” and substitute “solely”.

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

Michael McDowell: Can the Minister give us any timeframe for when he believes - he is shaking his head-----

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

Michael McDowell: No. I am looking for a rough timeframe. How long will it take from the passage of the Bill by the two Houses - let us take that as our start point - to the establishment of the commission?

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

Michael McDowell: The amendment moved in Dáil Éireann for the inclusion of the Attorney General on this commission was a wise one. I am interested to hear that the ICCL does not approve of the idea, but there are many reasons why it should be done. Bearing in mind the constitutional function of the Government, which is preserved by this Bill in one way or another - its prerogative to appoint people...

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

Michael McDowell: I move amendment No. 16:In page 10, line 21, after "Justice," to insert "who shall be the chairperson,".

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

Michael McDowell: I move amendment No. 18:In page 10 to delete lines 27 to 30. I will withdraw the amendment but reserve the right to resubmit it on Report Stage.

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

Michael McDowell: I move amendment No. 19:In page 11, to delete line 2. I will withdraw this amendment.

Seanad: Order of Business (3 Jul 2018)

Michael McDowell: I, too, wish to mention the GRECO report, without trespassing on the debate on the Judicial Appointments Commission Bill. This is a Council of Europe report and one version of it has been considered. The Government's proposals have changed somewhat since the first report was published so now we have a second set of circumstances. It is my understanding that the Government has received a...