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Seanad: Gnó an tSeanaid - Business of Seanad (14 Dec 2022)

Michael McDowell: I begin by welcoming Cara and Sophie Smullen and their parents, Alan and Niamh, who are related to Senator Fitzpatrick. They are very welcome to the House. We are very pleased to have them here. I call on the Deputy Leader to move the adjournment of the House until such time as the Minister is available. He is currently voting in the Lower House.

Seanad: Tailte Éireann Bill 2022: Committee and Remaining Stages (14 Dec 2022)

Michael McDowell: I echo what Senators Boyhan and Higgins have said, namely, that the premises is an archival treasure. It was the residence of my uncle Niall MacNeill for many years. It is a protected structure I have visited on many occasions.

Seanad: Tailte Éireann Bill 2022: Committee and Remaining Stages (14 Dec 2022)

Michael McDowell: Presumably the National Archive legislation applies to all of these materials.

Seanad: Tailte Éireann Bill 2022: Committee and Remaining Stages (14 Dec 2022)

Michael McDowell: When is it proposed to take Report Stage?

Seanad: Tailte Éireann Bill 2022: Committee and Remaining Stages (14 Dec 2022)

Michael McDowell: Is that agreed? Agreed.

Seanad: Tailte Éireann Bill 2022: Committee and Remaining Stages (14 Dec 2022)

Michael McDowell: When is it proposed to take Fifth Stage?

Seanad: Tailte Éireann Bill 2022: Committee and Remaining Stages (14 Dec 2022)

Michael McDowell: Is that agreed? Agreed.

Seanad: Comhshuí de Dháil Éireann agus de Sheanad Éireann - Joint Sitting of the Houses of the Oireachtas - Address by H.E. Ursula von der Leyen, President of the European Commission (1 Dec 2022)

Michael McDowell: I welcome President von der Leyen most warmly. I want to do her the honour of being brief. At this stage she has heard a vigorous series of exchanges of views from parliamentarians and she can see we cherish our democracy. People have spoken about it being 50 years since we joined the European Union. It is interesting to note that, 50 years ago this very day, the House was in crisis. The...

Seanad: Ireland's Military Neutrality: Motion [Private Members] (23 Nov 2022)

Michael McDowell: I endorse the remarks made by Senator Clonan and I support and second the moving of this motion. The question of Ireland's neutrality is an important one and we cannot hide behind weakness in protecting our neutrality and upholding the authority of the State any longer. The Minister has come forward with proposals to strengthen the funding of the Defence Forces over the next five years and...

Seanad: An tOrd Gnó - Order of Business (22 Nov 2022)

Michael McDowell: In response to what Senator Davitt said about money resting in accounts, as we know, it does not always earn interest. Fr. Ted Crilly was a great man for saying that money was resting in his account. I wish to make two brief points. First, I do not believe that mandatory sentences are the way to deal with violence against police. The people who go to jail on mandatory sentences will get...

Seanad: Personal Injuries Resolution Board Bill 2022: Second Stage (22 Nov 2022)

Michael McDowell: I welcome the Minister of State and congratulate him on his reappointment. I welcome this legislation too. As far as I am concerned, it is important both that it should be passed and that it should be seen as part of a general reform of the law including, as Senator Crowe said, the guidelines, perjury legislation and so forth. A couple of things have occurred to me about this Bill. First,...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: Regarding amendment No. 33, I have been considering what the Minister said on the last occasion we discussed this Bill. She made the case that what was proposed in this Bill was in line with international practice. I was a bit taken aback by that because clearly it is clearly not in line with the practice in America. I am not holding that out as the great model but I am just saying that is...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: I have to say the following: we live in a real world rather than a theoretical world. If I apply as a judge to be appointed to a vacancy on the Supreme Court for which I am interviewed but unsuccessful - I could be in the top three - it would be bonkers for me to have to go through the interview all over again when a second vacancy arises in that court for whatever reason a week later. Why...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: Yes.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: I have considerable sympathy for the points made by Senator Ruane. However, I would make one point. The other amendments in this grouping deal with the possibility of conducting the entire proceedings through ISL. Let us be realistic about this. The great majority of participants in most court cases would not be proficient in ISL and are unlikely to ever become proficient in it. We all...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: As Senator Ward was speaking, I wondered where we would be in jury cases? A jury of people who know Irish Sign Language could not be empanelled with any convenience. We have to be realistic. ISL is recognised as a language under the legislation referred to by the Minister but, in its present state of usage, there are limits to how realistic it is to conduct proceedings entirely through...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: I will raise a few matters relating to section 41 that I want explained as to what they actually mean. There is a prohibition on canvassing in this section that states: An applicant shall not, in relation to the process of selection and recommendation (including any step that may be taken in consequence of such a recommendation) of ... [any person] for appointment or for nomination for...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: A point that arises in this context - I have not located it in the Bill and perhaps the Minister could assist me - is whether the shortlist is to be kept secret in all circumstances. Is that provided for in the legislation?

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: Is a Cabinet Minister at liberty to say to Senator Ward, for example, that he is one of the three that may be eligible next time? Is a Minister entitled to have that kind of conversation? If Senator Ward is number 1, 2 or 3 on the list, is he entitled to know that?

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Michael McDowell: I know he would.

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