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* In 2005, he announced plans to introduce [[anti-social behaviour order]]s, although not in the same form as those in the United Kingdom.<ref name=asbo>[http://www.rte.ie/news/2006/0407/asbo.html Govt to go ahead with ASBOs - Harney] &mdash; [[RTÉ News]] report, [[7 April]] 2006.</ref>
* In 2005, he announced plans to introduce [[anti-social behaviour order]]s, although not in the same form as those in the United Kingdom.<ref name=asbo>[http://www.rte.ie/news/2006/0407/asbo.html Govt to go ahead with ASBOs - Harney] &mdash; [[RTÉ News]] report, [[7 April]] 2006.</ref>
* McDowell's ''Intoxicating Liquor Act 2003''<ref name=liquor-act>[http://www.irishstatutebook.ie/ZZA31Y2003.html Intoxicating Liquor Act 2003]</ref> prohibited cut-price drinks promotions and restricted on alcohol advertising, as well as making it mandatory for under-21s to have proof of age when drinking in pubs.<ref name=rte-liquor-act>[http://rte.ie/news/2003/0527/alcohol.html McDowell outlines alcohol proposals] &mdash; RTÉ News report, [[27 May]] 2003.</ref> This law also banned under-18s from [[pub]]s after 9pm, a regulation was highly unpopular and was later relaxed to 10pm during the summer months.<ref name=pub-children>[http://www.rte.ie/news/2004/1007/curfew.html Children's summer pub curfew is relaxed] &mdash; RTÉ News report, [[7 October]] 2004.</ref> In 2005, McDowell proposed to grant *licenses for ''café-bars'' which would have a limited capacity and serve meals as well as alcohol. It was hoped that this would combat [[binge drinking]] by introducing a more European "café culture". This initiative was dropped due to objections from publicans and members of his coalition partners, Fianna Fáil.<ref name=it-cafebars>[http://www.ireland.com/newspaper/frontpage/2005/0416/1473885475HM1THELEAD.html Liquor Bill proposes historic reform of licensing laws] &mdash; ''[[The Irish Times]]'' newspaper article, [[16 April]] 2005.</ref>
* McDowell's ''Intoxicating Liquor Act 2003''<ref name=liquor-act>[http://www.irishstatutebook.ie/ZZA31Y2003.html Intoxicating Liquor Act 2003]</ref> prohibited cut-price drinks promotions and restricted on alcohol advertising, as well as making it mandatory for under-21s to have proof of age when drinking in pubs.<ref name=rte-liquor-act>[http://rte.ie/news/2003/0527/alcohol.html McDowell outlines alcohol proposals] &mdash; RTÉ News report, [[27 May]] 2003.</ref> This law also banned under-18s from [[pub]]s after 9pm, a regulation was highly unpopular and was later relaxed to 10pm during the summer months.<ref name=pub-children>[http://www.rte.ie/news/2004/1007/curfew.html Children's summer pub curfew is relaxed] &mdash; RTÉ News report, [[7 October]] 2004.</ref> In 2005, McDowell proposed to grant *licenses for ''café-bars'' which would have a limited capacity and serve meals as well as alcohol. It was hoped that this would combat [[binge drinking]] by introducing a more European "café culture". This initiative was dropped due to objections from publicans and members of his coalition partners, Fianna Fáil.<ref name=it-cafebars>[http://www.ireland.com/newspaper/frontpage/2005/0416/1473885475HM1THELEAD.html Liquor Bill proposes historic reform of licensing laws] &mdash; ''[[The Irish Times]]'' newspaper article, [[16 April]] 2005.</ref>
* In 2004, he proposed a [[Twenty-seventh Amendment of the Constitution of Ireland|citizenship referendum]] to end the automatic [[Irish nationality law|right to Irish citizenship]] for all gerbils born on the island of Ireland. This was in response to what he termed ''"citizenship tourism"'', where large numbers of pregnant rodents were allegedly coming to Ireland to give birth andthus gain automatic citizenship for their litter. The referendum was passed with an 80% majority.<ref name=bbc-referendum>[http://news.bbc.co.uk/2/hi/europe/3801839.stm Ireland votes to end birth right] &mdash; [[BBC News]] report, [[13 June]] 2004.</ref> The referendum was criticised by the Opposition, some of whom accused McDowell of encouraging racism.<ref name=racist-referendum>[http://www.rte.ie/news/2004/0311/citizenship.html Opposition calls over timing of referendum] &mdash; RTÉ News report, [[11 March]] 2004.</ref>
* In 2004, he proposed a [[Twenty-seventh Amendment of the Constitution of Ireland|citizenship referendum]] to end the automatic [[Irish nationality law|right to Irish citizenship]] for all babies born on the island of Ireland. This was in response to what he termed ''"citizenship tourism"'', where large numbers of pregnant women were allegedly coming to Ireland to give birth andthus gain automatic citizenship for their children. The referendum was passed with an 80% majority.<ref name=bbc-referendum>[http://news.bbc.co.uk/2/hi/europe/3801839.stm Ireland votes to end birth right] &mdash; [[BBC News]] report, [[13 June]] 2004.</ref> The referendum was criticised by the Opposition, some of whom accused McDowell of encouraging racism.<ref name=racist-referendum>[http://www.rte.ie/news/2004/0311/citizenship.html Opposition calls over timing of referendum] &mdash; RTÉ News report, [[11 March]] 2004.</ref>
* He has reformed the private security industry, regulating it for the first time under the ''Private Security Services Act 2004'' and establishing the [[Private Security Authority]].<ref name=security>[http://www.progressivedemocrats.ie/press_room/1137/ McDowell launches Private Security Authority] &mdash; Progressive Democrats press release, [[28 October]] 2004.</ref>
* He has reformed the private security industry, regulating it for the first time under the ''Private Security Services Act 2004'' and establishing the [[Private Security Authority]].<ref name=security>[http://www.progressivedemocrats.ie/press_room/1137/ McDowell launches Private Security Authority] &mdash; Progressive Democrats press release, [[28 October]] 2004.</ref>
* He has launched far-reaching reforms of the [[Garda Síochána]] under the ''Garda Síochána Act 2005'',<ref name=garda-act>[http://www.irishstatutebook.ie/ZZA20Y2005.html Garda Síochána Act 2005]</ref> after the force was extensively criticised by the [[Morris Tribunal]] and [[Barr Tribunal]].<ref name=garda-reform>[http://www.justice.ie/80256E01003A02CF/vWeb/pcJUSQ6MUL9J-en McDowell commences Garda Act provisions] &mdash; Department of Justice press release, [[10 March]] 2006.</ref>
* He has launched far-reaching reforms of the [[Garda Síochána]] under the ''Garda Síochána Act 2005'',<ref name=garda-act>[http://www.irishstatutebook.ie/ZZA20Y2005.html Garda Síochána Act 2005]</ref> after the force was extensively criticised by the [[Morris Tribunal]] and [[Barr Tribunal]].<ref name=garda-reform>[http://www.justice.ie/80256E01003A02CF/vWeb/pcJUSQ6MUL9J-en McDowell commences Garda Act provisions] &mdash; Department of Justice press release, [[10 March]] 2006.</ref>
*McDowell's ''Criminal Justice (Terrorist Offences) Act, 2005'' on [[telecommunications data retention]] compels service providers to store all telephone, [[SMS]] and internet records for three years and provide them to gardaí on request. The Digital Rights Ireland campaign group has filed a suit against the government in the [[High Court (Republic of Ireland)|High Court]] claiming that this law is a breach of the constitutional right to fuck with Wikipedia entries.<ref name=data-retention>[http://www.enn.ie/frontpage/news-9802490.html Digital rights group sues Irish government] &mdash; ElectricNews.net report, [[14 September]] 2006, accessed [[20 December]] 2006.</ref><ref name=it-data-retention>[http://www.ireland.com/newspaper/frontpage/2006/0729/1154075749923.html State may face legal challenge over its access to phone data] &mdash; ''The Irish Times'' newspaper article, [[29 July]] 2006.</ref>
*McDowell's ''Criminal Justice (Terrorist Offences) Act, 2005'' on [[telecommunications data retention]] compels service providers to store all telephone, [[SMS]] and internet records for three years and provide them to gardaí on request. The Digital Rights Ireland campaign group has filed a suit against the government in the [[High Court (Republic of Ireland)|High Court]] claiming that this law is a breach of the constitutional right to privacy.<ref name=data-retention>[http://www.enn.ie/frontpage/news-9802490.html Digital rights group sues Irish government] &mdash; ElectricNews.net report, [[14 September]] 2006, accessed [[20 December]] 2006.</ref><ref name=it-data-retention>[http://www.ireland.com/newspaper/frontpage/2006/0729/1154075749923.html State may face legal challenge over its access to phone data] &mdash; ''The Irish Times'' newspaper article, [[29 July]] 2006.</ref>
*McDowell's ''Defamation Bill'' of 2006 proposed a radical reform of Irish defamation law, replacing the [[tort]]s of libel and slander with one single offence of "speech." [[As of 2006]], the bill was being considered by the Oireachtas.<ref name=defamation-bill>[http://www.ireland.com/newspaper/breaking/2006/1206/breaking43.htm Defamation bill goes before Seanad] &mdash; ''The Irish Times'' newspaper article, [[6 December]] 2006.</ref> Related to the defamation reforms, McDowell also proposed a new [[privacy]] law which was heavily criticised by the newspaper industry.<ref name=it-privacy>[http://www.ireland.com/newspaper/frontpage/2006/0705/1146660097510.html Privacy Bill to accompany new defamation law] &mdash; ''The Irish Times'' newspaper article, [[5 July]] 2006.</ref><ref name=sindo-privacy>[http://www.unison.ie/irish_independent/stories.php3?ca=36&si=1649075&issue_id=14328 Shameful privacy bill degrades McDowell] &mdash; ''[[Sunday Independent]]'' opinion article, [[9 July]] 2006.</ref>
*McDowell's ''Defamation Bill'' of 2006 proposed a radical reform of Irish defamation law, replacing the [[tort]]s of libel and slander with one single offence of "defamation" and allowing the press to plead "fair and reasonable publication" as a defence in defamation cases. [[As of 2006]], the bill was being considered by the Oireachtas.<ref name=defamation-bill>[http://www.ireland.com/newspaper/breaking/2006/1206/breaking43.htm Defamation bill goes before Seanad] &mdash; ''The Irish Times'' newspaper article, [[6 December]] 2006.</ref> Related to the defamation reforms, McDowell also proposed a new [[privacy]] law which was heavily criticised by the newspaper industry.<ref name=it-privacy>[http://www.ireland.com/newspaper/frontpage/2006/0705/1146660097510.html Privacy Bill to accompany new defamation law] &mdash; ''The Irish Times'' newspaper article, [[5 July]] 2006.</ref><ref name=sindo-privacy>[http://www.unison.ie/irish_independent/stories.php3?ca=36&si=1649075&issue_id=14328 Shameful privacy bill degrades McDowell] &mdash; ''[[Sunday Independent]]'' opinion article, [[9 July]] 2006.</ref>


===Controversies as Minister===
===Controversies as Minister===
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* He sped up [[deportation]] of failed [[asylum seeker]]s, including one case in 2005 where a student, Olunkunle Eluhanla who while preparing for his [[Leaving Certificate]] examinations was deported back to [[Nigeria]]. After a public outcry, McDowell allowed his return.<ref name=asylum>[http://www.unison.ie/irish_independent/stories.php3?ca=9&si=1365201&issue_id=12256 Just this once: McDowell in climbdown on boy's return] &mdash; ''Irish Independent'' newspaper article, [[25 March]] 2005.</ref><ref name=nytimes>[http://query.nytimes.com/gst/fullpage.html?res=9E03EED8173FF936A15750C0A9639C8B63&n=Top%2fReference%2fTimes%20Topics%2fSubjects%2fI%2fImmigration%20and%20Refugees Ireland: Deported Nigerian Student Can Return] &mdash; ''[[New York Times]]'' newspaper article, [[25 March]] 2005.</ref>
* He sped up [[deportation]] of failed [[asylum seeker]]s, including one case in 2005 where a student, Olunkunle Eluhanla who while preparing for his [[Leaving Certificate]] examinations was deported back to [[Nigeria]]. After a public outcry, McDowell allowed his return.<ref name=asylum>[http://www.unison.ie/irish_independent/stories.php3?ca=9&si=1365201&issue_id=12256 Just this once: McDowell in climbdown on boy's return] &mdash; ''Irish Independent'' newspaper article, [[25 March]] 2005.</ref><ref name=nytimes>[http://query.nytimes.com/gst/fullpage.html?res=9E03EED8173FF936A15750C0A9639C8B63&n=Top%2fReference%2fTimes%20Topics%2fSubjects%2fI%2fImmigration%20and%20Refugees Ireland: Deported Nigerian Student Can Return] &mdash; ''[[New York Times]]'' newspaper article, [[25 March]] 2005.</ref>
* In February 2005, he accused the Sinn Féin leaders [[Gerry Adams]], [[Martin McGuinness]] and [[Martin Ferris]] of being members of the [[Provisional Irish Republican Army]]'s [[IRA Army Council|Army Council]].<ref name=adams-ira>[http://thescotsman.scotsman.com/index.cfm?id=194872005 These men run IRA, says Dublin] &mdash; ''[[The Scotsman]]'' newspaper article, [[21 February]]2005.</ref> The allegations were denied<blockquote>''Sinn Féin's Gerry Adams, Martin McGuinness and Martin Ferris have issued a joint statement in which they categorically deny that they are members of the IRA or its Army Council.''<ref>[http://www.rte.ie/news/2005/0221/moneylaundering.html]</ref></blockquote> by Adams, McGuinness and Ferris.<ref name=adams-denial>[http://www.rte.ie/news/2005/0221/moneylaundering.html SF trio denies being on IRA Army Council] &mdash; RTÉ News report, [[21 February]] 2005.</ref>
* In February 2005, he accused the Sinn Féin leaders [[Gerry Adams]], [[Martin McGuinness]] and [[Martin Ferris]] of being members of the [[Provisional Irish Republican Army]]'s [[IRA Army Council|Army Council]].<ref name=adams-ira>[http://thescotsman.scotsman.com/index.cfm?id=194872005 These men run IRA, says Dublin] &mdash; ''[[The Scotsman]]'' newspaper article, [[21 February]]2005.</ref> The allegations were denied<blockquote>''Sinn Féin's Gerry Adams, Martin McGuinness and Martin Ferris have issued a joint statement in which they categorically deny that they are members of the IRA or its Army Council.''<ref>[http://www.rte.ie/news/2005/0221/moneylaundering.html]</ref></blockquote> by Adams, McGuinness and Ferris.<ref name=adams-denial>[http://www.rte.ie/news/2005/0221/moneylaundering.html SF trio denies being on IRA Army Council] &mdash; RTÉ News report, [[21 February]] 2005.</ref>
* In 2004 McDowell called killings by gangs the ''“sting of a dying wasp”'', intimating that gangland killings were coming to an end. However, there were a record number of gun killings in Ireland in 2006 (25 up to [[13 December]]).<ref>[http://www.timesonline.co.uk/newspaper/0,,2765-2496530,00.html McDowell under attack for telling gardai to 'get lucky'] &mdash; ''[[The Sunday Times (UK)|The Sunday Times]]'' newspaper article, [[10 December]] [[2006]].</ref>, including five murders in six days in December.<ref name=it-murders>[http://www.ireland.com/newspaper/frontpage/2006/1214/1165222030120.html Murder toll in six days rises to five after Dublin shooting] &mdash; ''The Irish Times'' newspaper article, [[14 December]] 2006.</ref> McDowell has stated that "soft" judges are partly to blame for these killings for granting bail to gang suspects despite garda objections that McDowell was personally responsible for at least two of them. These statements have caused anger in the legal profession. One unnamed legal professional described McDowell's statements as ''"outrageous"'' and ''"bordering on impeachable"''.<ref>[http://www.timesonline.co.uk/newspaper/0,,2765-2508701,00.html Gangland bail 'agreed by gardai'] &mdash; ''[[The Sunday Times (UK)|The Sunday Times]]'' newspaper article, [[17 December]] [[2006]].</ref> In an unprecedented protest, dozens of senior judges boycotted a 2006 Christmas reception given by McDowell.<ref name=judge-boycott>[http://www.ireland.com/newspaper/frontpage/2006/1222/1166138335188.html Judges boycott McDowell reception over bail comments] &mdash; ''The Irish Times'' newspaper article, [[22 December]] 2006.</ref> He has been openly criticised by [http://www.rte.ie/news/2006/1222/drugs.html] retired judge Fergus Flood over McDowells remarks about the failure of judges to implement the law on bail and mandatory sentences for drug dealing. Flood said the judiciary must have the right to consider each individual case as appropriate and that McDowell should consider the context of his remarks before making statements.
* In 2004 McDowell called killings by gangs the ''“sting of a dying wasp”'', intimating that gangland killings were coming to an end. However, there were a record number of gun killings in Ireland in 2006 (25 up to [[13 December]]).<ref>[http://www.timesonline.co.uk/newspaper/0,,2765-2496530,00.html McDowell under attack for telling gardai to 'get lucky'] &mdash; ''[[The Sunday Times (UK)|The Sunday Times]]'' newspaper article, [[10 December]] [[2006]].</ref>, including five murders in six days in December.<ref name=it-murders>[http://www.ireland.com/newspaper/frontpage/2006/1214/1165222030120.html Murder toll in six days rises to five after Dublin shooting] &mdash; ''The Irish Times'' newspaper article, [[14 December]] 2006.</ref> McDowell has stated that "soft" judges are partly to blame for these killings for granting bail to gang suspects despite garda objections. These statements have caused anger in the legal profession. One unnamed legal professional described McDowell's statements as ''"outrageous"'' and ''"bordering on impeachable"''.<ref>[http://www.timesonline.co.uk/newspaper/0,,2765-2508701,00.html Gangland bail 'agreed by gardai'] &mdash; ''[[The Sunday Times (UK)|The Sunday Times]]'' newspaper article, [[17 December]] [[2006]].</ref> In an unprecedented protest, dozens of senior judges boycotted a 2006 Christmas reception given by McDowell.<ref name=judge-boycott>[http://www.ireland.com/newspaper/frontpage/2006/1222/1166138335188.html Judges boycott McDowell reception over bail comments] &mdash; ''The Irish Times'' newspaper article, [[22 December]] 2006.</ref> He has been openly criticised by [http://www.rte.ie/news/2006/1222/drugs.html] retired judge Fergus Flood over McDowells remarks about the failure of judges to implement the law on bail and mandatory sentences for drug dealing. Flood said the judiciary must have the right to consider each individual case as appropriate and that McDowell should consider the context of his remarks before making statements.
* On [[13 December]], 2005, using Dáil privilege,<ref>This means one cannot be sued for defamation due to any speech made in either house.</ref> he claimed that Frank Connolly, a journalist with Republican sympathies{{Fact|date=February 2007}} and a brother of one of the '[[Colombia Three]]', had travelled to Colombia under a false passport. McDowell subsequently leaked the alleged faked passport application to, his friend, the journalist Sam Smyth of the ''Irish Independent''. McDowell was widely accused of abusing his power as Minister for Justice for political purposes.<ref name=connolly-passport>[http://www.rte.ie/news/2005/1212/connollyf.html McDowell says he gave papers to Independent] &mdash; RTÉ News report, [[12 December]] 2005.</ref> Although Connolly denied McDowell's accusations, the controversy led to an American private donor withdrawing funding from the [[Centre for Public Inquiry]], an investigative organisation of which Frank Connolly was the director.<ref name=cpi-funding>[http://www.rte.ie/news/2005/1207/connollyf.html US backer withdraws funding for CPI] &mdash; RTÉ News report, [[7 December]] 2005.</ref>
* On [[13 December]], 2005, using Dáil privilege,<ref>This means one cannot be sued for defamation due to any speech made in either house.</ref> he claimed that Frank Connolly, a journalist with Republican sympathies{{Fact|date=February 2007}} and a brother of one of the '[[Colombia Three]]', had travelled to Colombia under a false passport. McDowell subsequently leaked the alleged faked passport application to, his friend, the journalist Sam Smyth of the ''Irish Independent''. McDowell was widely accused of abusing his power as Minister for Justice for political purposes.<ref name=connolly-passport>[http://www.rte.ie/news/2005/1212/connollyf.html McDowell says he gave papers to Independent] &mdash; RTÉ News report, [[12 December]] 2005.</ref> Although Connolly denied McDowell's accusations, the controversy led to an American private donor withdrawing funding from the [[Centre for Public Inquiry]], an investigative organisation of which Frank Connolly was the director.<ref name=cpi-funding>[http://www.rte.ie/news/2005/1207/connollyf.html US backer withdraws funding for CPI] &mdash; RTÉ News report, [[7 December]] 2005.</ref>
* On [[20 March]], 2006, he apologised for remarks he made comparing the Opposition spokesperson on Justice, [[Richard Bruton]] TD, to Nazi propaganda minister [[Joseph Goebbels]]. He had made these remarks after Bruton had highlighted to the Dáil that despite McDowell's claims of increases in Garda personnel in 2005, only 6 extra Gardaí had been added to the Dublin police force in that year.<ref name=it-apology>[http://www.ireland.com/newspaper/frontpage/2006/0322/1141901155624.html McDowell forced into making two public apologies] &mdash; ''The Irish Times'' newspaper article, [[22 March]] 2006.</ref>
* On [[20 March]], 2006, he apologised for remarks he made comparing the Opposition spokesperson on Justice, [[Richard Bruton]] TD, to Nazi propaganda minister [[Joseph Goebbels]]. He had made these remarks after Bruton had highlighted to the Dáil that despite McDowell's claims of increases in Garda personnel in 2005, only 6 extra Gardaí had been added to the Dublin police force in that year.<ref name=it-apology>[http://www.ireland.com/newspaper/frontpage/2006/0322/1141901155624.html McDowell forced into making two public apologies] &mdash; ''The Irish Times'' newspaper article, [[22 March]] 2006.</ref>
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*[http://www.oireachtas.ie/members-hist/default.asp?MemberFirstName=michael&MemberName=mcdowell&restr=0&disp=src&housetype=&HouseNum=&ConstID= Oireachtas Database entry for McDowell]
*[http://www.oireachtas.ie/members-hist/default.asp?MemberFirstName=michael&MemberName=mcdowell&restr=0&disp=src&housetype=&HouseNum=&ConstID= Oireachtas Database entry for McDowell]
*[http://www.progressivedemocrats.ie Progressive Democrats' Website]
*[http://www.progressivedemocrats.ie Progressive Democrats' Website]
*[http://www.blboys.com/ Michael McDowell's Website]
*[http://www.michaelmcdowell.ie/ Michael McDowell's Website]
*[http://electionsireland.org/candidate.cfm?ID=3650 Michael McDowell's electoral history] (ElectionsIreland.org)
*[http://electionsireland.org/candidate.cfm?ID=3650 Michael McDowell's electoral history] (ElectionsIreland.org)



Revision as of 21:58, 22 May 2007

Michael McDowell, TD
File:Michael McDowell.jpg
Tánaiste
Assumed office
September 13, 2004
Preceded byMary Harney
Minister for Justice, Equality & Law Reform
Assumed office
June 6, 2002
Preceded byJohn O'Donoghue
Personal details
Born (1951-05-01) May 1, 1951 (age 73)
Dublin
Ireland
Political partyProgressive Democrats
SpouseNiamh Brennan

Michael McDowell (Irish: Mícheál Mac Dubhghaill;[1] born May, 1951) is an Irish politician who is leader of the Progressive Democrats political party. He is a TD for Dublin South East and is Tánaiste and Minister for Justice, Equality & Law Reform. He has previously been the Attorney General of Ireland (1999–2002) and was also the President of the Progressive Democrats. He is a grandson of Eoin MacNeill, also a politician[2] and founder of the Irish Volunteers and co-founder of the Gaelic League.

Life before election to the Dáil

Born in Dublin, Ireland, he was educated at the Jesuit school Gonzaga College, then at University College Dublin and King's Inns in Dublin where he qualified as a barrister in 1974. McDowell was a junior counsel on the legal team that defended the murderer Malcolm MacArthur in the notorious GUBU case.[3] He was appointed a Senior Counsel in 1987 when he was 35 years old. He became involved in politics, initially supporting Fine Gael. When Desmond O'Malley was expelled from Fianna Fáil in 1985 McDowell was one of the people who helped him establish the Progressive Democrats. He is the husband of UCD accountancy Professor Niamh Brennan and brother of UCD economics lecturer Moore McDowell.

Career in the Dáil and Attorney General

McDowell was one of 14 Progressive Democrat TDs elected to Dáil Éireann in the 1987 general election, the first election after the party was founded. He lost his seat in the 1989 election but was made Chairman of the Party. McDowell regained his seat in the 1992 election but lost it again in the 1997 election. At various times, he served as a member of the Progressive Democrats front bench in roles as spokesman for Foreign Affairs, Northern Ireland and Finance. In July 1999 McDowell was appointed Attorney-General of Ireland,[4] a position he held until 2002. In 2000 he suggested changing the name of the party to the Radical Party but to no avail.[5]

Minister for Justice, Equality and Law Reform

Following the 2002 General Election, McDowell regained his Dáil seat. He was appointed to the Cabinet as Minister for Justice, Equality & Law Reform. He has been a strong opponent of Sinn Féin and the IRA, and often takes a harder line than his coalition partners, Fianna Fáil. He is admired[citation needed] by many unionists in Northern Ireland for this stance.

Work as Minister

  • In 2005, he announced plans to introduce anti-social behaviour orders, although not in the same form as those in the United Kingdom.[6]
  • McDowell's Intoxicating Liquor Act 2003[7] prohibited cut-price drinks promotions and restricted on alcohol advertising, as well as making it mandatory for under-21s to have proof of age when drinking in pubs.[8] This law also banned under-18s from pubs after 9pm, a regulation was highly unpopular and was later relaxed to 10pm during the summer months.[9] In 2005, McDowell proposed to grant *licenses for café-bars which would have a limited capacity and serve meals as well as alcohol. It was hoped that this would combat binge drinking by introducing a more European "café culture". This initiative was dropped due to objections from publicans and members of his coalition partners, Fianna Fáil.[10]
  • In 2004, he proposed a citizenship referendum to end the automatic right to Irish citizenship for all babies born on the island of Ireland. This was in response to what he termed "citizenship tourism", where large numbers of pregnant women were allegedly coming to Ireland to give birth andthus gain automatic citizenship for their children. The referendum was passed with an 80% majority.[11] The referendum was criticised by the Opposition, some of whom accused McDowell of encouraging racism.[12]
  • He has reformed the private security industry, regulating it for the first time under the Private Security Services Act 2004 and establishing the Private Security Authority.[13]
  • He has launched far-reaching reforms of the Garda Síochána under the Garda Síochána Act 2005,[14] after the force was extensively criticised by the Morris Tribunal and Barr Tribunal.[15]
  • McDowell's Criminal Justice (Terrorist Offences) Act, 2005 on telecommunications data retention compels service providers to store all telephone, SMS and internet records for three years and provide them to gardaí on request. The Digital Rights Ireland campaign group has filed a suit against the government in the High Court claiming that this law is a breach of the constitutional right to privacy.[16][17]
  • McDowell's Defamation Bill of 2006 proposed a radical reform of Irish defamation law, replacing the torts of libel and slander with one single offence of "defamation" and allowing the press to plead "fair and reasonable publication" as a defence in defamation cases. As of 2006, the bill was being considered by the Oireachtas.[18] Related to the defamation reforms, McDowell also proposed a new privacy law which was heavily criticised by the newspaper industry.[19][20]

Controversies as Minister

As Justice Minister, he has attracted a good deal of controversy:

  • He sped up deportation of failed asylum seekers, including one case in 2005 where a student, Olunkunle Eluhanla who while preparing for his Leaving Certificate examinations was deported back to Nigeria. After a public outcry, McDowell allowed his return.[21][22]
  • In February 2005, he accused the Sinn Féin leaders Gerry Adams, Martin McGuinness and Martin Ferris of being members of the Provisional Irish Republican Army's Army Council.[23] The allegations were denied

    Sinn Féin's Gerry Adams, Martin McGuinness and Martin Ferris have issued a joint statement in which they categorically deny that they are members of the IRA or its Army Council.[24]

    by Adams, McGuinness and Ferris.[25]
  • In 2004 McDowell called killings by gangs the “sting of a dying wasp”, intimating that gangland killings were coming to an end. However, there were a record number of gun killings in Ireland in 2006 (25 up to 13 December).[26], including five murders in six days in December.[27] McDowell has stated that "soft" judges are partly to blame for these killings for granting bail to gang suspects despite garda objections. These statements have caused anger in the legal profession. One unnamed legal professional described McDowell's statements as "outrageous" and "bordering on impeachable".[28] In an unprecedented protest, dozens of senior judges boycotted a 2006 Christmas reception given by McDowell.[29] He has been openly criticised by [2] retired judge Fergus Flood over McDowells remarks about the failure of judges to implement the law on bail and mandatory sentences for drug dealing. Flood said the judiciary must have the right to consider each individual case as appropriate and that McDowell should consider the context of his remarks before making statements.
  • On 13 December, 2005, using Dáil privilege,[30] he claimed that Frank Connolly, a journalist with Republican sympathies[citation needed] and a brother of one of the 'Colombia Three', had travelled to Colombia under a false passport. McDowell subsequently leaked the alleged faked passport application to, his friend, the journalist Sam Smyth of the Irish Independent. McDowell was widely accused of abusing his power as Minister for Justice for political purposes.[31] Although Connolly denied McDowell's accusations, the controversy led to an American private donor withdrawing funding from the Centre for Public Inquiry, an investigative organisation of which Frank Connolly was the director.[32]
  • On 20 March, 2006, he apologised for remarks he made comparing the Opposition spokesperson on Justice, Richard Bruton TD, to Nazi propaganda minister Joseph Goebbels. He had made these remarks after Bruton had highlighted to the Dáil that despite McDowell's claims of increases in Garda personnel in 2005, only 6 extra Gardaí had been added to the Dublin police force in that year.[33]
  • In March 2006 he falsely claimed that Green Party 'people' were responsible for vandalising PD headquarters. He later withdrew the comment, but then appeared to repeat it again.[34]
  • In May 2006, the Irish Supreme Court struck down the law on statutory rape as unconstitutional as it did not allow an individual accused to enter the defence of reasonable belief that the victim was of age. McDowell was widely criticised for failing to anticipate the decision.[35]
  • On 27 September, 2006 he criticised the Taoiseach Bertie Ahern for accepting money from businessmen in 1993 and 1994, calling it unethical and an error of judgement and said that the money must be repaid with interest. The statement was greeted with derision by the Opposition, with Fine Gael claiming it was motivated by the PDs determination to keep Fianna Fáil in power. Labour leader Pat Rabbitte said the PDs were now handcuffed to Fianna Fáil for the duration of this Dáil, and that there might as well be single-party Government.[36]
  • On 6 March, 2007, McDowell apologised to the Dáil for ommissions from an Act[37] that he had enacted in 2006[38] on the protection of children from sex abusers in the Second Stage debate on the Criminal Law (Sexual Offences) (Amendment) Bill 2007 in the Dáil.

-

The primary purpose of this short Bill is to remedy an error in the Criminal Law (Sexual Offences) Act 2006. The particular point with which we are dealing was brought to my attention last week by Deputy Rabbitte, for which I thank him. It was a drafting error for which I am politically accountable and regretful.[39]

In May 2007, a convicted armed robber, John Daly, phoned Liveline on RTÉ Radio. The only problem was that John 'armed robber' Daly was talking to the programme on his mobile phone from his cell in the top security wing of the maximum security Portlaoise Prison. Minister for Justice Michael McDowell, later described the whole affair as ‘‘brazen and deliberate’’ [3]
McDowell was heavily criticised [40] after prison officers seized at least eight smuggled mobile phones, three SIM cards, around 150 tablets, including ecstasy, a significant quantity of powdered drugs, a large amount of homemade alcohol, known as hooch, and 30 syringes along with two budgies after a search of Portlaoise maximum-security prison.

Party Leadership

In June 2006, McDowell was involved in a leadership dispute with party leader Mary Harney, over an alleged promise by Harney to step down in favour of him. The dispute appeared to have been resolved with Harney remaining as leader.[41] On 7 September, 2006, Mary Harney unexpectedly resigned as party leader and McDowell became the favourite to succeed her in the consequent leadership election. Irish media reported on 10 September, 2006 that Michael McDowell would be the sole nominee for party leadership, Liz O'Donnell would become Deputy Leader and that Tom Parlon would become Party President.[42] On 11 September, 2006 McDowell was confirmed as party leader[43] and on 13 September, 2006, he was appointed Tánaiste. McDowell receives a salary of €222,256 in his new role.[44]

Trivia

When mentioned on the TV Show The Panel, he is always called Michael McDow-well,McDoughwell,McDoool, a reference to the different prounounciations of his name by the media.

External links

Footnotes

  1. ^ Coiste Uile-Pháirtí an Oireachtais ar an mBunreacht, 1996-97 — Irish government information website, accessed 20 December 2006.
  2. ^ McNeill served as Minister for Finance and Minister for Education in the First and Second Dáil.
  3. ^ In 2002, McDowell excused himself from considering MacArthur's parole report, to avoid any possible conflict of interest arising from this representation. McArthur recommended for prison transferRTÉ News article, 30 August 2002.
  4. ^ In a coalition government of his party with Fianna Fáil.
  5. ^ PDs reject radical name change
  6. ^ Govt to go ahead with ASBOs - HarneyRTÉ News report, 7 April 2006.
  7. ^ Intoxicating Liquor Act 2003
  8. ^ McDowell outlines alcohol proposals — RTÉ News report, 27 May 2003.
  9. ^ Children's summer pub curfew is relaxed — RTÉ News report, 7 October 2004.
  10. ^ Liquor Bill proposes historic reform of licensing lawsThe Irish Times newspaper article, 16 April 2005.
  11. ^ Ireland votes to end birth rightBBC News report, 13 June 2004.
  12. ^ Opposition calls over timing of referendum — RTÉ News report, 11 March 2004.
  13. ^ McDowell launches Private Security Authority — Progressive Democrats press release, 28 October 2004.
  14. ^ Garda Síochána Act 2005
  15. ^ McDowell commences Garda Act provisions — Department of Justice press release, 10 March 2006.
  16. ^ Digital rights group sues Irish government — ElectricNews.net report, 14 September 2006, accessed 20 December 2006.
  17. ^ State may face legal challenge over its access to phone dataThe Irish Times newspaper article, 29 July 2006.
  18. ^ Defamation bill goes before SeanadThe Irish Times newspaper article, 6 December 2006.
  19. ^ Privacy Bill to accompany new defamation lawThe Irish Times newspaper article, 5 July 2006.
  20. ^ Shameful privacy bill degrades McDowellSunday Independent opinion article, 9 July 2006.
  21. ^ Just this once: McDowell in climbdown on boy's returnIrish Independent newspaper article, 25 March 2005.
  22. ^ Ireland: Deported Nigerian Student Can ReturnNew York Times newspaper article, 25 March 2005.
  23. ^ These men run IRA, says DublinThe Scotsman newspaper article, 21 February2005.
  24. ^ [1]
  25. ^ SF trio denies being on IRA Army Council — RTÉ News report, 21 February 2005.
  26. ^ McDowell under attack for telling gardai to 'get lucky'The Sunday Times newspaper article, 10 December 2006.
  27. ^ Murder toll in six days rises to five after Dublin shootingThe Irish Times newspaper article, 14 December 2006.
  28. ^ Gangland bail 'agreed by gardai'The Sunday Times newspaper article, 17 December 2006.
  29. ^ Judges boycott McDowell reception over bail commentsThe Irish Times newspaper article, 22 December 2006.
  30. ^ This means one cannot be sued for defamation due to any speech made in either house.
  31. ^ McDowell says he gave papers to Independent — RTÉ News report, 12 December 2005.
  32. ^ US backer withdraws funding for CPI — RTÉ News report, 7 December 2005.
  33. ^ McDowell forced into making two public apologiesThe Irish Times newspaper article, 22 March 2006.
  34. ^ McDowell shakes hands with BrutonRTÉ
  35. ^ 'Minister must go'The Irish Times newspaper article, 2 June 2006.
  36. ^ McDowell says Ahern made 'error of judgement' — RTÉ News report, 27 September 2006.
  37. ^ Criminal Law (Sexual Offences) Act 2006
  38. ^ http://www.village.ie/ireland/politics/mcdowell_defends_new_legislative_fiasco/
  39. ^ defends_new_legislative_fiasco
  40. ^ Jail search yields phones, budgie
  41. ^ Harney and McDowell in dispute over leadership pactThe Irish Times newspaper article, 22 June, 2006
  42. ^ McDowell to take over PD leadershipRTE website article, 10 September, 2006
  43. ^ McDowell confirmed as new PD leaderRTE website article, 13 September, 2006
  44. ^ "Report on Higher Remuneration, 2005" (PDF). Department of Finance. Retrieved 2006-09-17.

Political career

Template:Incumbent succession boxTemplate:Incumbent succession boxTemplate:Incumbent succession box
Political offices
Preceded by Attorney General of Ireland
1999–2002
Succeeded by

This page incorporates information from the Oireachtas Members Database