Results 1,941-1,960 of 18,726 for speaker:Michael McDowell

Seanad: An tOrd Gnó - Order of Business (11 Jun 2019)

Michael McDowell: The Minister is included in all sport coverage.

Seanad: An tOrd Gnó - Order of Business (11 Jun 2019)

Michael McDowell: Fine Gael were out of office very quickly afterwards.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I said most of what I intend to say on section 51. I have a problem with it but I do not think the Minister was persuaded on the points I made.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I move amendment No. 97d:In page 34, line 10, after "requisite" to insert "experience,"

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: Section 52(2) states:The published statement may set out different selection procedures in relation to appointments to— (a) different judicial offices, and (b) a particular judicial office where applicants already hold judicial office, Will the Minister indicate the different selection procedures that will apply in respect of appointments to a particular office where applicants...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: The subsection provides that the published statement may set out different selection procedures in regard to appointments to different judicial offices. I fully understand why one might have different procedures for appointments to the District Court, Circuit Court, High Court, Court of Appeal and Supreme Court. However, in paragraph (b), does the phrase "a particular judicial office" refer...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: Subsection (2)(b) provides that the published statement may set out different selection procedures in respect of appointments to "a particular judicial office where applicants already hold judicial office".For instance, take the case of a vacancy for an ordinary member of the Court of Appeal or the Supreme Court. Is a District Court judge to be given a different mode of selection procedure...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: It would be fine if section 52(2)(b) read “different procedures in relation to appointments to different judicial offices and to applicants who already hold judicial office”. However, when the words “a particular judicial office” are inserted, I am just wondering what practical effect that particular formulation of words means. In other words, does one say that...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: For instance, would it allow the non-interviewing of a High Court judge seeking appointment to the Court of Appeal but provide for the interviewing of a District Court judge who applied for the same position?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: As Senator Norris said, if the word “particular” was taken out where it first appears and stated “judicial office”, then one could put in “where applicants already hold a particular judicial office”. In other words, one could differentiate between a District Court judge and a High Court judge.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: This seems to be the exact opposite, however. The variation in selection procedures seems to relate to the vacancy only and not to the judicial status of the applicants. That seems to be wrong.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I slightly disagree with Senator Craughwell on that. My view is that one can differentiate between serving judges and other persons who have never been appointed. I have no problem with that as long as there is some capacity to distinguish between different types of serving judges applying for judicial office. It is strange to say that a District Judge who wanted to be an ordinary judge of...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I draw the Minister's attention to and seek some understanding of the legislative intention here. Section 11(8)(a) provides that persons such as consultants and advisers can be contracted or appointed to "advise and assist the Commission in its consideration of applicants at a preliminary stage in the course of the selection procedures". Section 11(8)(b) refers to the provision of an "an...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I am extremely concerned about that. I do not want to go back over our previous debates but it is frightening to think that serving members of the Judiciary might be vetted by management consultancy firms as to their suitability and that this can be part of the procedures laid down. We will not invoke names. I am concerned that, under the Bill as it is currently drafted, it is possible...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: Since there is no agreement on the proposal, they should be taken separately.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I move amendment No. 97da:In page 34, between lines 10 and 11, to insert the following: “53. No statement under this Part shall provide for the interviewing of any applicant who is a serving judge in the Superior Courts in respect of any application to the Commission by him or her in respect of any vacancy in a judicial office in any of those courts.”. I want to make clear...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: Can it ask whether one play camogie, and if so, what club is one a member of?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

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

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: I do not want to deal with this as a matter of levity because as far as I am concerned it is a fundamental question.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (11 Jun 2019)

Michael McDowell: What possible questions could one put to a judge of the High Court to determine whether he or she is suitable to be recommended for appointment to the Court of Appeal or the Supreme Court? Are we going to ask the candidates if they are energetic? Are we going to ask them if they take long with their cases? Are we going to ask them if they have many reserved judgments?