Results 701-720 of 18,738 for speaker:Michael McDowell
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: I support the Senator's amendment. I notice that the structure of section 46(1) requires a tiny bit of care. It states: Subject to section 60, the Commission shall consider applications made in respect of a particular vacancy in a judicial office in accordance with the judicial selection statement and shall not recommend an applicant to the Minister or, if appropriate, the Minister for...
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: What I am slightly mystified by is whether the process envisaged is one where the commission looks at the candidate, decides whether he or she is "eligible", "possesses the requisite knowledge", "is suitable on grounds of health", has complied with section 44(1) and section 22 and then decides the person is good but that the commission is obliged to have an interview with that person before...
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: It is not agreed.
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: I propose that the amendment be made.
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: I am proposing that Senator Ward's amendment be made.
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: I do.
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: I object to that.
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: There is an aspect of section 47 that we have to consider carefully. It states: (1) The Commission shall, following its consideration of applications in accordance with section 46, recommend to the Minister- (a) where there is one judicial office in the State to be filled in a court, 3 persons for appointment to that judicial office, and (b) where there is more than one judicial office...
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: How does it help the process if the Government is advised just for its information of the names of 12 people who applied but were not considered suitable? Why is the Cabinet told of the names of 12 unsuccessful people who applied and were unsuitable if it can do nothing about it as a matter of law?
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: This goes to the heart of the constitutionality of this legislation. For the first time the Oireachtas is saying to the Government people may be eligible for appointment and may be entirely qualified for appointment, but because the commission believes other people are more qualified, more eligible, better or more diverse, the Government may not appoint a particular person who is otherwise...
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: This is not just about recommendations but disqualifications for five people in the Supreme Court every time.That is what this commission is doing. It is disqualifying the majority of the Supreme Court every time it functions, for the position of Chief Justice. It is not just making a recommendation and giving the Government a choice; it is saying: “You may not appoint the following...
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: I am sorry. I thought you were nodding at me, a Chathaoirligh.
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: I am sorry about that.
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: This section provides that people who are unsuccessful applicants - those who do not see themselves in The Irish Timesor the Irish Independentas having been appointed, can find out what happened, insofar as they are entitled to inquire as to whether they were recommended, and they are also entitled, if no recommendation has been made, to be informed of that fact. A person who applies is...
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: I see, yes.
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: This section requires that: "The Commission shall, in respect of each person whom it recommends to tell the Minister", for justice in most cases, what is set out in paragraphs (a), (b) and (c). I am a bit mystified as to why paragraph (c) is there. It refers to, "the results of the interview of the person conducted, in accordance with section 46(2), by a panel of the Commission,". There...
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: The interview is conducted by a panel. I do not know how it has a result. Presumably the panel reports to the commission what it thought or if it came to any conclusions that there was nothing much one way or the other about this person and that he or she is what he or she appears to be on paper. I am wondering what the "result" of a panel would be.This goes back to a point we have just...
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: Now we are getting to the nub of the issue. It is going to be an interview of a person, providing some kind of description of the person based on the interview so that the Government can take that into account. That seems to be the only purpose it serves. At interview, Mr. Justice McDowell impressed us in the following four ways-----
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: -----or did not impress us in the following four ways, or was whatever. If it is to be of any assistance to the Government, it would have to be some kind of a description of the interview process and the kind of impression the candidate made on the panel, which is a subset of the commission. It would have to be reduced to writing, in some respect, and sent to the Government so that it could...
- Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (25 Jan 2023)
Michael McDowell: The result of the interview is that the person is recommended.