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Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Michael McDowell: ...of homosexuality by statute under the ministry of Ms Máire Geoghegan-Quinn. This brought to my mind the circumstances in which our colleague, Senator Norris, litigated in the courts of our land to seek to have the criminalisation provisions of the 1885 Act ruled as unconstitutional. It is interesting that the Supreme Court, by a majority of three to two, refused him the relief he...

Seanad: Small and Medium Enterprises: Statements (19 Jun 2018)

Michael McDowell: ...in Senator Lawlor's constituency who tries to establish a small business in Naas should pay rates for a small office, shop or factory while somebody outside the town with a very large farm, 600 or 800 acres for example, and with huge farm buildings and many other buildings on his land pays nothing towards the cost of local government in his area. It is just a thought. It is not a very...

Seanad: Order of Business (9 May 2018)

Michael McDowell: ....I want to put on record my strong opposition to the idea that Dublin City Council should start to devour its own decent buildings to create space for replacement buildings when there is plenty of land in Dublin, including land that can be acquired via compulsory purchase orders, if necessary, to provide decent homes in the city centre for people who want to have a decent way of life and...

Seanad: Order of Business (29 Mar 2018)

Michael McDowell: ...where people live and where and if accommodation is built for them? Many years ago when I was in the Progressive Democrats, we had an ambitious project to move Dublin Port to Bremore and use the land there for a major high-rise city. Some people described it as a Manhattan in Dublin Port but we must have more imaginative thinking about what kind of city we are building. We are now...

Seanad: Judicial Council Bill 2017: Second Stage (22 Nov 2017)

Michael McDowell: ...into the process of a judicial council. The post of being a Superior Court judge, and I will deal with this for the time being, is not all that attractive today. If one had to lay bare what land or property one owned or what one's means were, in my view it would make people who had any substantial assets reluctant to start announcing what they were. It is an inhibition to those people...

Seanad: Public Health (Alcohol) Bill 2015: Committee Stage (Resumed) (8 Nov 2017)

Michael McDowell: ...we have to make it reasonable. No matter how passionately the Senator believes in her cause, whether it is passed tonight or tomorrow, it is all the same thing. It is going to be the law of the land and our job is to look at it carefully. The Minister said he wanted a constructive approach and I am being constructive. My point is I do not believe it is sensible to start a process...

Seanad: Order of Business (26 Oct 2017)

Michael McDowell: -----in supplying land for redevelopment of Dublin. This shows me that there is not an understanding at all.

Seanad: Eighth Report of Convention on the Constitution: Motion (11 Oct 2017)

Michael McDowell: ...circumstances, the courts can inform the State that an Act says that some particular pension must be provided to an individual, and instruct the State to get the resources to facilitate this, on the basis of the law of the land that has been put in place. It has never been the case that the Judiciary has been accorded the right to say to the State, "You may not do X or Y and you may not...

Seanad: Housing: Statements (28 Sep 2017)

Michael McDowell: ...is housing and rebuilding the city of Dublin. That is where the major problems exist. People will say I am taking a Dublin-centred view of the matter but homelessness and the pressure on rents, land values and the like in Dublin are probably the most acute in the country. The Ballymun regeneration plan was not a success. It was an exercise in town planning by Dublin City Council which...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Estimates for Public Services 2017: Vote 29 - Communications, Climate Action and Environment (27 Sep 2017)

Michael McDowell: ...at the subsequent general election. The people of Dublin are being ripped off. Why should a doctor or barrister living in a seven-bedroom Victorian house, with stables and five or ten acres of land, in County Laois-----

Seanad: Mid-term Capital Review and Public Service Pay Commission Report: Statements (30 May 2017)

Michael McDowell: ...integrate the north west into the economic life of the country, in particular to provide a high-quality dual carriageway, if not full motorway, to Sligo, Letterkenny and Omagh, connecting up to the M1 in Northern Ireland. Now is the time to get on and plan that. The Brexit negotiations offer an opportunity to the Government to raise at European level the importance of the cross-Border...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Michael McDowell: ...Michael Viney in an article on this subject in The Irish Timespointed out there are particular species which produce second clutches of eggs and chicks in August each year. The beekeepers of Ireland have come forward and their objections are based on the needs of bees with regard to cutting back that year's growth. This brings me to the next point the Minister mentioned in her...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Michael McDowell: ...on occasions so they could work out what they were actually voting for. On this occasion no attempt has been made to produce a draft regulation which has the limiting factor such as tillage and land management and this season's growth, all of these issues are just absent from the legislation. It occurs to me that if this season's growth is to be a genuine criterion, there is absolutely...

Seanad: Climate Action and Low Carbon Development: Statements (7 Dec 2016)

Michael McDowell: .... To our dismay, about a fortnight after the hearing, the EPA produced a report, which must have been in draft both in the Department and in the EPA at the time of the hearing, that showed that Ireland's position was far worse than the material supplied to the committee might have suggested at first glance. To be clear, this report, dated 10 November 2016, was accompanied by the EPA...

Seanad: Order of Business (6 Dec 2016)

Michael McDowell: ...say about water being brought from the Shannon to Dublin is not based on any concerns about the effect it would have on the Shannon or about farmers seeking compensation for wayleaves across their land. In the last couple of days, I received correspondence from a Ms Emma Kennedy, suggesting that the State is making what she considers to be a major mistake in commissioning the...

Seanad: Heritage Bill 2016: Committee Stage (9 Nov 2016)

Michael McDowell: Although this has been described as a two-year pilot scheme, it seems to me from the way the Bill is proposed that it could be a permanent part of the law of the land as long as it gets annual renewal from the Houses of the Oireachtas. I suggest it would be a contradiction in terms to describe as a pilot scheme something that would be perpetually rolled out everywhere across Ireland for the...

Seanad: Rent Certainty (No. 2) Bill 2016: Second Stage (12 Oct 2016)

Michael McDowell: ...them. This would be because they would know that if this was the law for the long term, they would have to provide for future changes in housing market prices to cushion themselves against being landlords of properties which were let at an amount far below the market rate for rents in the area. This is a misguided Bill. We forget that whenever one comes into a malfunctioning market such...

Seanad: EU-UK Relations: Statements (22 Jun 2016)

Michael McDowell: ...the United Kingdom are a matter for the people of the United Kingdom, and they will not listen to what is being said here and change their views on what we will say. We must be very clear that Ireland's interests are that Brexit would lose us our strongest possible ally at the European Council table. I know the Minister will agree with me because I speak from experience in this respect....

Written Answers — Prison Building Programme: Prison Building Programme (24 Apr 2007)

Michael McDowell: The Department of Defence has consented to the assignment of land at Kilworth, County Cork to the Minister for Justice, Equality and Law Reform for the purposes of developing new prison facilities to replace Cork Prison. Technical advisers have been appointed to carry out a range of preliminary studies, e.g. topographical survey, geology, ecology etc. These studies are currently underway and...

Written Answers — Prison Building Programme: Prison Building Programme (24 Apr 2007)

Michael McDowell: Two landowners in the area have approached the Irish Prison Service to offer a corridor of land that would allow a 1.5 km private access route to the site at Thornton. While the existing access route on the R130 is perfectly acceptable, the provision of services to the site would require the existing road to be excavated to accommodate pipes etc. and then to be resurfaced. The technical...

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