Results 781-800 of 18,738 for speaker:Michael McDowell

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Michael McDowell: The Equal Status Act is there to protect people from unfair discrimination. It is to assist people who are discriminated against on those grounds in seeking redress and requiring others to protect them from unfair discrimination. However, there is no logical connection between the criteria for unfair discrimination and a process whereby members of the Judiciary are selected by explicit...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Michael McDowell: I move amendment No. 33: In page 25, between lines 32 and 33, to insert the following: “39.Nothing in this Part shall be construed as limiting the advice that the Government may give to the President under Article 35 of the Constitution with respect to the appointment of a person to be a judge.”. These amendments are intended to go the heart of what this legislation is...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Michael McDowell: That being the case, it seems the effect of the Bill and the refusal to accept this amendment is to say that, under the Constitution, the Oireachtas can tell the Government that it may not appoint certain people who are eligible to be made judges because they have not been recommended by a body that is not the Government. The Constitution refers to eligibility as a matter determined by law....

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Michael McDowell: A number of things have to be said. There is a presumption of constitutionality when a Bill emerges from this House and the onus of proof of its unconstitutionality switches. If a Bill has two possible meanings it is impressed with a constitutional meaning rather than an unconstitutional meaning. However, there is no presumption of constitutionality at all for a Bill that is before us for...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Michael McDowell: That is not in the Bill but maybe the Minister will assure me that it is not intended to deal with Senator Ward's matter on Report Stage because I have a funny feeling it may be. That is what I am worried about. Are we to be in a position that if the commission divides four against four on an issue, no decision will be made or will we be in a position where there is a casting vote? I...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Michael McDowell: What is to happen if there is no casting vote? Are they to say they cannot make their minds up on it and they cannot send a shortlist to the Government? Are they to reason it out among themselves or browbeat the Ward or Martin faction into withdrawing their positions? None of this is provided for in the legislation, which is worrisome. If we are giving an entity, namely, this commission,...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Michael McDowell: I agree with that.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Michael McDowell: I am glad the Minister said what I suppose was blindingly obvious, which is that the Attorney General has been involved in the background discussion of the legislation. I am interested by what she said about international standards because they do vary. We only have to look to Washington to see one standard that is radically different from any other standard. We are the only major common...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Michael McDowell: Supreme Court, or whichever they are interested in. We cannot ask the Government and it cannot be compelled to answer it, and we are not entitled to know, as far as I can see, which of them was short-listed and which was not. I agree with Senator Ward and nobody is against transparency. When somebody stands up in this House and says he or she is a champion of opacity as opposed to...

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Michael McDowell: I move amendment No. 5: In page 10, between lines 31 and 32, to insert the following: “(d) 2 practitioner representatives appointed in accordance with section 13,”.

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Michael McDowell: As Senator Ward said, it seems that this has been ruled out of order on the basis that it might impose a charge on the public if an extra member is added to the commission.

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Michael McDowell: That being the case, if the Senator says on Report Stage that no expenses shall be paid to any such member, he will be able to get the amendment back in.

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Michael McDowell: On this matter, I have to respectfully disagree with Senator Ward. I do not believe that IHREC should be represented on the judicial appointments commission. The legislation that established IHREC states that one of its functions is to develop law and to make proposals on the development of law on the protection of human rights.One of its functions is to develop law and to make proposals on...

Seanad: Garda Síochána (Compensation) Bill 2021: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Oct 2022)

Michael McDowell: There is just one point I would like to make. We had a discussion about civilian employees of An Garda Síochána and I do not know what happened with regard to that.

Seanad: Garda Síochána (Compensation) Bill 2021: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Oct 2022)

Michael McDowell: The time will come when somebody throws a petrol bomb into a Garda station and a young Garda and two typists get injured. The Garda will get compensation but the two typists will get nothing. That is not right.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (18 Oct 2022)

Michael McDowell: I wish to make a point about this section, if I may. I got a ruling from the Chair today that three of my amendments were out of order, which came as a bit of a surprise given that one of them had previously been debated extensively in the House as part of the previous iteration of the Bill.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (18 Oct 2022)

Michael McDowell: I find it odd that the amendment is now found to be beyond the scope of this Bill. I will take up the matter with the Cathaoirleach. However, I will say that one of those amendments is very important. The purpose of the Bill is to amend the Judicial Council Bill and there is a mistake in that legislation which needs urgent amendment. I am more relaxed about my third amendment. I want to...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (18 Oct 2022)

Michael McDowell: I just find it strange that on one of the few occasions that I was not here during Committee Stage of the previous Bill, one of the amendments I have tabled here today was debated and the then Minister, Deputy Flanagan, said it was an important issue which he might consider including on Report Stage, and I am now told the issue cannot even be discussed. That is strange.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (18 Oct 2022)

Michael McDowell: Yes.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (18 Oct 2022)

Michael McDowell: This is an important amendment which I support. It clearly sets out that the selection of persons to serve in judicial office is based on merit, which is in the Bill already, but also "is free from political patronage". Two points occur to me. I do not accept that, for instance, in deciding which of three people should be recommended for appointment to the Supreme Court, the Government of...