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Seanad: Irish Nationality and Citizenship (Naturalisation of Minors Born in Ireland) Bill 2018: Committee Stage (Resumed) (26 Mar 2021)

Michael McDowell: I will finish this sentence. The Government was dealing with an emerging situation. As it concluded, the matter had to be dealt with at a constitutional level and could not be dealt with at a statutory level. The issue was, when would a referendum be held and would it be a single issue-only referendum or would it be on an occasion when the people were going to the polls. The view at the...

Seanad: Irish Nationality and Citizenship (Naturalisation of Minors Born in Ireland) Bill 2018: Committee Stage (Resumed) (26 Mar 2021)

Michael McDowell: I have more to say on the next occasion.

Seanad: Residential Tenancies Bill 2021: Second Stage (26 Mar 2021)

Michael McDowell: I thank the Minister for coming in to the Chamber today. I believe strongly that the rights of tenants need to be carefully protected at this stage. I am talking about the legitimate rights of tenants. Obviously, I agree with the previous speaker about somebody who is not paying his or her rent. There are, by the way, some extraordinary, egregious cases of people who have run up...

Seanad: Residential Tenancies Bill 2021: Second Stage (26 Mar 2021)

Michael McDowell: The definition of the emergency period is one of a period where the 5 km restriction is in place. That is, unfortunately, what we are doing. It probably makes no difference, because at the snail's pace at which things are happening it probably will stay in place. I am just saying that anybody who thinks the 5 km will be changed in the next few weeks should read this Bill and the 2020 Act...

Joint Oireachtas Committee on Justice, Defence and Equality: Victims' Testimony in Cases of Rape and Sexual Assault: Discussion. (23 Mar 2021)

Michael McDowell: My comments arise out of the topic under discussion with Men's Aid Ireland. Last night I watched an hour-long documentary on BBC about sexual abuse of young boys and men in football. We heard of the extraordinary obstacles they had when it came of making any disclosures at all. This was partially based on their gender and the social attitude towards male victims of sexual assault. It was...

Joint Oireachtas Committee on Justice, Defence and Equality: Victims' Testimony in Cases of Rape and Sexual Assault: Discussion. (23 Mar 2021)

Michael McDowell: Perhaps the criminal practitioners here might say something about that but I do not want to confine it to them alone.

Joint Oireachtas Committee on European Union Affairs: EU Commission Rule of Law Report: Discussion (9 Mar 2021)

Michael McDowell: I welcome Commissioner Reynders and thank him for his very thoughtful contributions to the discussion this afternoon. I look forward to seeing him in person in the Irish Parliament as soon as circumstances permit. I pay tribute to him for the care with which he is carrying out his duties in ensuring that the rule of law is kept up to an adequate standard across the EU. I want to mention one...

Seanad: Children (Amendment) Bill 2020: Report and Final Stages (5 Mar 2021)

Michael McDowell: I move amendment No. 1: In page 3, to delete lines 10 to 31, and in page 4, to delete lines 1 to 23 and substitute the following: “Amendment of Children Act 2001 1. (1) The Children Act 2001 is amended by the substitution of the following for section 252: “Anonymity of child in court proceedings 252. (1) Subject to this section, in relation to any proceedings for an...

Seanad: Children (Amendment) Bill 2020: Report and Final Stages (5 Mar 2021)

Michael McDowell: Since the last occasion on which we discussed the Bill, which was Monday, something happened about which the Minister should be aware. I was contacted by a journalist who was going to do a piece on the legislation and wanted to discuss the matter with me. This was an experienced and level-headed journalist who had been looking at the Minister's amendments and could not understand them at...

Seanad: Children (Amendment) Bill 2020: Report and Final Stages (5 Mar 2021)

Michael McDowell: I believe the Minister is now saying that the scenario I mentioned is incorrect. If I understand her, she is saying that if a 16-year-old child, for instance, is the only witness to the murder of a 12-year-old child, nothing can be published in the court report identifying the victim, insofar as the victim's identity would tend to identify the witness' identity. If that is the law towards...

Seanad: Children (Amendment) Bill 2020: Report and Final Stages (5 Mar 2021)

Michael McDowell: I will say one last thing.Insofar as the phraseology in the amendments introduced by the Minister have the effect that I have mentioned, I want to say it is not my responsibility that they have that consequence. We have discussed it here and have gone over it again and again. Any law that we pass will be interpreted in accordance with its ordinary and natural meaning. The scenario I...

Seanad: Children (Amendment) Bill 2020: Report and Final Stages (5 Mar 2021)

Michael McDowell: I will not call for a division, but I will put the matter to a voice vote, and I am happy with that.

Seanad: An tOrd Gnó - Order of Business (1 Mar 2021)

Michael McDowell: Ba mhaith liom, ar dtús, aontú go hiomlán leis an méid a bhí á rá ag an Seanadóir Boyhan i dtaobh an tUrramach Enda McDonagh. Maidir le Riar na hOibre, go ginearálta, táimse i gcoinne aon rún chun Bille ar bith a phlé agus gach Céim le chéile ar ócáid shingil ach ba mhaith a admháil go bhfuil staid...

Seanad: Gnó an tSeanaid - Business of Seanad (1 Mar 2021)

Michael McDowell: I welcome what the Leader has said and I understand the background to it. I am confident there will be good developments. The less said, the better.

Seanad: Health (Amendment) Bill 2021: Second Stage (1 Mar 2021)

Michael McDowell: I welcome the Minister to the House. This is genuine and I deprecate the recent media coverage of many of the aspects of the crisis that has tended to personalise the problems we have and, in particular, to do so unfairly with regard to the Minister. Normally I would be wholly opposed to a proposal, and I said this as Gaeilge níos luaithe, to debate a measure of this kind in such rapid...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Michael McDowell: I move amendment No. 1 to amendment No. 1: To delete subsections (1) and (2) and substitute the following: “(1) The Children Act 2001 is amended by the substitution of the following for section 252: “Anonymity of child in court proceedings 252.(1) Subject to this section, in relation to any proceedings for an offence against a child or where a child is a witness in any...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Michael McDowell: A Leas-Chathaoirligh-----

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Michael McDowell: The Minister said she has been advised that her amendments would be better in some sense but she has not stated why. I cannot understand how it could possibly be that one amendment that is legible is less satisfactory than one that is almost illegible, as to its meaning at any rate. I would expect the Minister to say whether she sees any difference in the terms of our amendment and the...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Michael McDowell: The Minister has just said that it is best practice to amend the Act in the way she has suggested. I disagree fundamentally with that. It is not best practice to do that. It is inferior and worse practice, in my respectful view. The Minister said correctly that section 26 of the Interpretation Act would be engaged by taking the steps of accepting the amendment in our names, but it is...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Michael McDowell: I agree with Senator Higgins. I walked away from the amendment I originally proposed in order to get a coherent text on the basis that the Minister wanted her amendments to go through. The amendment I originally proposed tried to bring elements of flexibility into the determination and not to put a judge into a straitjacket or put everything into a binary yes-no, that this is the law, that...

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