Results 361-380 of 18,436 for speaker:Michael McDowell

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (7 Mar 2023)

Michael McDowell: The Title is not agreed.

Seanad: An tOrd Gnó - Order of Business (1 Mar 2023)

Michael McDowell: I welcome unreservedly the progress made on the Windsor Framework. At the Committee on European Union Affairs today, interesting testimony was received from the Irish Road Haulage Association on the possible unintended side effects of the new agreement for the Irish road haulage industry and the unresolved issues in respect of Irish road haulage export and import of European products, which...

Joint Oireachtas Committee on European Union Affairs: Impact of Brexit on Ireland: Discussion (1 Mar 2023)

Michael McDowell: What would a hardworking Irish truck driver doing continental work expect to earn in the EU?

Seanad: Citizens Assembly on Drugs Use: Motion (23 Feb 2023)

Michael McDowell: I second the amendment.

Seanad: Citizens Assembly on Drugs Use: Motion (23 Feb 2023)

Michael McDowell: I second the amendment in the name of Senator Boyhan. I want to say a couple of things about the general concept of a citizens' assembly. The issues here are not unique to Ireland and are not misunderstood. There are fundamental issues of policy to be addressed. For instance, the state of California has legalised the use of cannabis. A lot of people take the view that it is pointless to...

Seanad: An tOrd Gnó - Order of Business (16 Feb 2023)

Michael McDowell: I welcome H.E. Marijus Gudynas, the Lithuanian ambassador, and Deputy Devlin. I salute the people of Lithuania on their national day. I want to raise today an issue that deserves consideration by this House in a calm, reflective way. The issue concerns gender dysphoria, the treatment of prepubertal, peripubertal and postpubertal children, the services that are, or are not, available in...

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: I move amendment No. 1: In page 8, between lines 14 and 15, to insert the following: “PART 2 GENERAL DUTIES OF THE BANKGeneral duty of the Central Bank to make disclosure 3.(1) In conducting any proceedings or investigation in respect of any natural person (including any appeal or application to the High Court) where that person may become liable to any prohibition or penalty...

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: I agree.

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: Yes.

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: It is Committee Stage and I am entitled to keep speaking.

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: Fair enough. I am grateful to the Minister of State for her remarks. There are a few issues which arise from them. First, in relation to amendment No. 1, does the Minister of State accept that there is such a duty of disclosure?

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: Yes, we can do a question-and-answer here. On amendment No. 1, Does the Minister of State accept there is a duty of full disclosure on the bank?

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: I will come back to that in a moment.

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: If the Minister of State is saying that it is intended there will be a duty of full disclosure, I do not see why the amendment is not being accepted unless it is regarded as redundant because of what is already in the Bill.

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: The Minister of State indicated that documentation would be supplied to a person who is subject to an investigation. I do not see where that is in the Bill. I ask the Minister of State to point out precisely where it is. For instance, section 15 mentions a notice after a decision has been made by the head of financial regulation to conduct an investigation, and that the notice has a...

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: Could the Minister of State tell me where?

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: Section 43, for instance, states: "A draft report and final report under this section shall include any material that in the opinion of the responsible authorised officer is relevant to the consideration of the report by the Bank under section 33AO(1) or (2) or 33AR(2) or (4)." If it is being suggested that the report has to have appended to it all the relevant material that might be of...

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: I was struck by section 67, which provides that leave for judicial review cannot be granted in respect of "a finding made by the Bank under section 33AQ(1) or (2) [or] a decision of the Bank imposing a sanction under section 33AQ". I presume that is because there is an appeal.

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: As there is an appeal, one cannot judicially review, therefore, the process that led to the appeal. The problem with that arises in the context of a possible unfairness in the process, such as the absence of compliance with a duty to disclose all documents or, alternatively, the fact that the person simply could not afford to be involved in a lengthy investigation. To say that judicial...

Seanad: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (16 Feb 2023)

Michael McDowell: If I am wrongly found guilty of a contravention and then appeal it to that body and have my lawyers there, can the tribunal at that stage award me my costs or is that all on my own account?