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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...

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

Michael McDowell: I have no idea whatsoever as to where this journey is likely to end. I accept the Minister is in a theoretical minority in this House but, because of the deal done with Sinn Féin, he is not really in that much of a minority. However, I think we are entitled to be informally told if the Minister does not intend to accept any of our amendments, if he intends to accept some or if he is...

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

Michael McDowell: I truly welcome the remarks made by the Minister. I will do what he asks, and not press the amendment now. As I explained, it is there to enable amendment No. 90 to have effect, and not to leave it high and dry if it was made by itself. I also welcome very strongly what the Minister has said about his relationship with the Association of Judges of Ireland, and his anticipated relationship...

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

Michael McDowell: I have agreed not to press the amendment in view of the attitude expressed by the Minister. I am withdrawing it and reserving the right to resubmit it on Report Stage.

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

Michael McDowell: To my shame, it did not occur to me to table amendments in respect of this matter. When I look at it now, I realise that the territory covered by the amendment is hugely important.

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

Michael McDowell: I know but I am making the point that it went past me that this is an important amendment which needs to be made to the Bill. I have not had the opportunity to read the GRECO report. I only heard what Senator Bacik said about it last night. I could not take it all in. I will have to look back at the blacks of the debate to understand what was and was not said last evening. While I am not...

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

Michael McDowell: I stand corrected. It held its meetings at the Grand Hotel in Malahide. It is not intended that the commission should mould the Judiciary in one way or the other as to outcomes in individual cases or outcomes of philosophy or whatever. This goes back to the point I made earlier, namely, that a person's political opinions can be hugely important when the Cabinet has to decide as to whether...

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