The Sunday Business Post 16 News March 3, 2019 Ross’s pet project is tied up as Seanad legal eagles stymie bill Main picture: the National Children’s Hospital. That would Eight months, 63 amendments and 75 Seanad chamber push back the debate on the judicial ap- in Leinster House, pointments bill to the evening, by which where Shane time McDowell would be back. Wilson hours of Seanad time later, the judicial Ross (above left) got his party colleague, Senator Terry has been trying Leyden, to propose it. appointments bill is still going nowhere to get his judicial But Fianna Fáil was amazed to see the appointments bill Sinn Féin senators supporting Fine Gael through but it’s in voting down the motion to bring in the he judicial appointments Commons to force British MPs to take being filibustered minister and delay the debate on the bill. issue is to Shane Ross home rule seriously. Jimmy Stewart by Senator Later, Senator Terry Leyden got a missed what the border wall is played the small-town hero who hero- Michael McDowell call on his phone from Ross. When he to Donald Trump. The ically filibustered all night long in Frank (above right) rang back, Ross told him that he had been Minister for Transport Capra’s classic film Mr Smith Goes to Collins/Rollingnews watching the debate and complained has been obsessed with Washington. McDowell is known to have about the motion that Leyden had put the idea of passing the asked one of the independent senators down. Ross got wind of the fact that bill, which is designed to do him a favour when making his Diarmuid Wilson had been behind the Michael to change how the country’s judges are contributions: “Speak more slowly.” motion – and he complained to Wilson Brennan Tappointed, before he finishes up in office. But all that talking on the judicial bill when he met him too. He has invested huge capital in the can exhaust even the most determined Political project, but after passing through the senator. Sometimes they need a different Dáil last year it has ground to a halt in delaying tactic. That is where the quorum Flanagan’s attitude Editor the Seanad. comes in. Minister for Justice Charlie Flanagan’s The judicial appointments commis- reservations about the bill were well sion bill has now been in the Seanad known when he started off with it. But since June last year and has consumed The quorum Clockwise from he has to get it passed because it is a com- at least 75 hours of Seanad time. That is Under the Seanad rules, there must be near left: Charlie mitment in the Programme for Govern- not normal. Ross is facing a determined 12 senators in the chamber for it to do Flanagan, the ment, inserted there by Ross as part of bunch of opponents who have been em- business. This is known as a quorum. In Minister for his price for keeping the Independent ploying several parliamentary tactics to reality, the upper House often falls short Justice; Gerard Alliance in government. stall his bill. A spokeswoman for Ross said of that number but senators turn a blind Craughwell, As time has gone on, his supporters that ‘voices from the Law Library’ were eye to it. McDowell and the other oppo- independent have said that his perspective has shift- wilfully frustrating the bill. “The min- nents of Ross’s bill have been calling for senator; Ivana ed. He is sick of having to come into the ister is deeply impatient about the legal quorums to slow down proceedings. Then Bacik of Labour Seanad to spend hours and hours on the eagles’ filibuster, delaying a key piece of the proceedings have to be suspended if Rollingnews/ judicial appointments commission bill. reforming legislation in the interests of there are not 12 senators present. Fergal Phillips He just wants to get it passed and get out their profession,” she said. McDowell had a recent row with Fla- of there. His frustration is becoming more There are several Senators with legal nagan, who accused him of arrogance. “I being used as a delaying tactic in this businessman Denis O’Brien. They had obvious. There are around 20 sections of backgrounds who are opposing the bill think we need a call for quorum in order case. We have got to the point where realised that the bill was moving much the 63-section bill left to debate at com- – Labour Senator Ivana Bacik, who is a to allow the minister to calm down,” we need to make a decision. It’s time to faster when he was not there. One gov- mittee stage. It is taking about a week to barrister, and Fianna Fáil senator Lorraine said McDowell. finish up,” he said. ernment adviser is known to have been go through each section. Then it goes on Clifford-Lee, who is a solicitor. But the But the quorum tactic was recently One single amendment put down by making inquiries about when McDowell to report and final stage, which will also real target of Ross’s ire is Senator Michael undermined by the Seanad committee McDowell – number “86g” to be precise – was actually down in the Four Courts, so take significant time. McDowell. which sets the rules for the chamber. took three weeks before it was eventually that Fine Gael and Sinn Féin could sched- At one stage last month, Flanagan was Instead of needing 12 senators to have voted down. Fianna Fáil senator Gerry ule the debate on the bill in his absence. asked about the changes he has promised a quorum, they now only need to have Horkan, who often chairs the debates The government saw its chance two to make to the bill at report stage. “We The lengthy speech six. But the rebel senators can still use on the bill, wraps up the proceedings weeks ago, on the day that Sinn Féin may never get to report stage,” he replied McDowell is the acknowledged leader another tactic: the walk-through vote. each time by asking senators to “report was moving a motion of no confidence gloomily. “It has become trench warfare of the campaign of opposition to the bill. progress” on the bill. He is often tempted in Minister for Health Simon Harris over between himself and McDowell,” said He is a barrister, a former justice minister to add: “Or the lack thereof.” the cost overruns in the National Chil- one government source. and a former attorney general, as well The vote dren’s Hospital process. McDowell was Mention of the word ‘filibuster’ has as a columnist for this newspaper. His The senators opposed to Ross’s judicial down in the Four Courts in the morning prompted an indignant response from main tactic has been to submit proposed appointments bill do not have the votes to McDowell’s absence and afternoon. the opponents of the bill. They all main- changes to the bill, known as amend- block it. There is a very unusual alliance The government’s hopes of getting the Fianna Fáil’s Seanad chief whip, Diar- tain that the bill is unconstitutional, and it ments. He can keep talking about them between Fine Gael’s 19 senators and Sinn bill through the Seanad were raised re- muid Wilson, came up with a plan to call is their duty to either amend it or block it. for as long as he wishes because there Féin’s six senators in favour of the bill. cently due to the fact that McDowell was Minister for Finance Paschal Donohoe Independent Senator Gerry Craughwell is no time limit. Sinn Féin has agreed to support the bill the lead barrister representing The Sun- into the Seanad to explain what health told the Seanad last week: “Let somebody McDowell has submitted 63 amend- in return for the government agreeing to day Business Post in the defamation case capital projects would have to be can- show me where I have been vexatious ments so far, including four new ones include sentencing guidelines in a sepa- being taken against the newspaper by celled to pay for the cost overrun in the or frivolous in what I’ve done.” last week. Each of them has been ac- rate judicial council bill. It is a straight- McDowell himself has stated that the companied by a lengthy speech. Min- forward case of “you scratch my back current judicial appointments system ister for Justice Charlie Flanagan is the and I’ll scratch yours”. Others supporting Judgment call: how the new system would work is “operating perfectly well” and that person responsible for the bill and he the government include Senator Brian the government is trying to “politicise has to respond to each amendment. Mc- O’Domhnaill, formerly of Fianna Fáil, The main purpose of the be drawn from the courts, evidence of political partisan- the appointment of judges by handing Dowell can then speak again in response who has said he believes the current Judicial Appointments Com- the Office of the Attorney ship in the decision making the entire function over to a group of to Flanagan – and he invariably does. system allows for too much political mission Bill (JAC) is to change General and lay people. The of the Irish Supreme Court. lay people”. “McDowell is a genius. He can make the influence in the appointment of judges. how the country’s judges are commission will be headed The bill was introduced But make no mistake about it, this is same point in 15 different ways,” said But voting can still be delayed to slow appointed.