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Seanad: Judicial Appointments Commission Bill 2022: Report Stage (28 Mar 2023)

Michael McDowell: This amendment has the purpose of removing from the Long Title of the Bill words contained at lines 14 to 22.Those words are as follows: ... to provide for the aforementioned matters having regard to the recommendation of the Council of Europe’s Group of States against Corruption (GRECO) that the system of selection, recommendation and promotion of judges target the appointments to the...

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (28 Mar 2023)

Michael McDowell: I listened carefully to what the Minister of State has said, which included the phrase "contrary to the rule of law". What rule of law? The Commission of the European Union is not competent to determine the law of the European Union. It is not its function to do so. Even though it may have rows with the Polish state about amendments to the manner in which Polish judges hold their office...

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (28 Mar 2023)

Michael McDowell: I move amendment No. 4: In page 10, to delete lines 26 to 33, and in page 11, to delete lines 1 to 7 and substitute the following: “Membership of Commission 9. (1) The Commission shall consist of 9 members, subject to section 45, being— (a) the Chief Justice, (b) subject to subsection (2), the President of the Court of Appeal, (c) 2 members of the Judicial Council...

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (28 Mar 2023)

Michael McDowell: Amendments Nos. 4 and 16 are related and I propose to speak to both at this point. The present proposal in the Bill is that there should be a nine-member commission, that four of those members can be members of the Judiciary and that four should be laypersons selected in the manner provided for in the Bill. The present wording of section 9 reads: The Commission shall consist of 9 members,...

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (28 Mar 2023)

Michael McDowell: I am interested in what the Minister of State has said about the transparent and well-trusted method of appointing the lay members because, unfortunately, his remarks do not reflect the reality of the intention of the Government. Section 13, in respect of the proposed selection of lay members, states that the Minister will ask the Public Appointments Service "to undertake a selection...

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (28 Mar 2023)

Michael McDowell: Yes, it could do that. It could come up with 12 and bring those names to the Minister. Subsection (5) states that "the Minister shall appoint lay members from among the persons recommended by the Public Appointments Service under subsection (2)." We now have a situation where the Minister, who is depriving the Government of the right to choose its own people for the Judiciary, accords the...

Seanad: An tOrd Gnó - Order of Business (23 Mar 2023)

Michael McDowell: There are two matters I want to deal with today, the first of which is in relation to what Senator Burke was said about the alcohol legislation that was debated at great length in this House. Most of it was nonsense, to be honest. We have not yet put the unit price of alcohol in place and there will not be one unless there is an Assembly in Northern Ireland that will do the same on the...

Seanad: An tOrd Gnó - Order of Business (23 Mar 2023)

Michael McDowell: I think Senator Gavan will be allowed leave.

Seanad: Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Bill 2023: Committee and Remaining Stages (9 Mar 2023)

Michael McDowell: It is important to bear in mind that keeping the lights on is an important immediate policy aim and obligation of government. Whatever one might say about long-term strategy, and I intend to say a few words about that too, keeping the lights on on an emergency basis is an imperative for government. We have to be practical in how we achieve that aim. On the long-term strategy, Senator...

Seanad: Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Bill 2023: Committee and Remaining Stages (9 Mar 2023)

Michael McDowell: I did not say that.

Seanad: Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Bill 2023: Committee and Remaining Stages (9 Mar 2023)

Michael McDowell: Yes, everyone is paraphrasing me incorrectly, as the record will show.

Seanad: Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Bill 2023: Committee and Remaining Stages (9 Mar 2023)

Michael McDowell: Briefly, I never said it did not matter what we did in Ireland. Needless to say, those who wanted to hear me say that have heard me say it, but I did not say it.

Seanad: Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Bill 2023: Committee and Remaining Stages (9 Mar 2023)

Michael McDowell: What I said - I want the Minister of State to be clear on this - was that what we did in Ireland was, in the context of other developments internationally, including in terms of methane, not going to prevent the melting of glaciers in an emergency situation. I believe that the Attorney General has given the Government good advice on this occasion and that the phraseology of the proposed new...

Seanad: Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Bill 2023: Committee and Remaining Stages (9 Mar 2023)

Michael McDowell: I am finished now.

Seanad: Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Bill 2023: Committee and Remaining Stages (9 Mar 2023)

Michael McDowell: I am not taking offence. I just wanted to correct the record.

Joint Oireachtas Committee on European Union Affairs: General Affairs Council: Minister of State at the Department of Foreign Affairs (8 Mar 2023)

Michael McDowell: I welcome the Minister of State and join in the congratulations to him on his appointment. I wish him well in discharging his functions in relation to EU affairs. I share what Deputy Haughey said about the Minister of State’s good performance on television from Westmeath. It was noted internationally. I wish to raise two points. The Minister of State dealt with them to some...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (7 Mar 2023)

Michael McDowell: A couple of different points arise on the section that I want to ask a couple of simple questions on. Persons will be considered legal academics if they have been in a place equivalent to an Irish university but outside of Ireland. As a matter of law, is there a requirement that a person should be an Irish citizen? It is not necessary to be an Irish citizen to be, say, a barrister or...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (7 Mar 2023)

Michael McDowell: -----that we should be trying to get people of high quality into the Judiciary and not closing off options and knocking people off the list of potential applicants for no good reason.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (7 Mar 2023)

Michael McDowell: I told you.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (7 Mar 2023)

Michael McDowell: On the citizenship point, I may put down an amendment on Report Stage to remedy what is clearly a lacuna in our system. One has to be a citizen of Ireland to be a Member of this House and the Dáil and for many other purposes. It is strange that one can interpret the Constitution while not owing the duty cast on citizens by the Constitution, I think in Article 8 or Article 9, of a...

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