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| office2 = [[Minister for Justice, Equality and Law Reform]]
| office2 = [[Minister for Justice, Equality and Law Reform]]
| predecessor2 = [[John O'Donoghue (politician)|John O'Donoghue]]
| predecessor2 = [[John O'Donoghue (politician)|John O'Donoghue]]
| successor2 = [[Brian Lenihan, Jnr]]
| successor2 =
| term_start2 = [[6 June]] [[2002]]
| term_start2 = [[6 June]] [[2002]]
| term_end2 = [[14 June]] [[2007]]
| term_end2 =
| office3 = [[Progressive Democrats|Leader of the Progressive Democrats]]
| office3 = [[Progressive Democrats|Leader of the Progressive Democrats]]
| term_start3 = [[11 September]] [[2006]]
| term_start3 = [[11 September]] [[2006]]
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| years = [[6 June]], [[2002]]–[[14 June]], [[2007]]
| years = [[6 June]], [[2002]]–[[14 June]], [[2007]]
| before = [[John O'Donoghue (politician)|John O'Donoghue]]
| before = [[John O'Donoghue (politician)|John O'Donoghue]]
| after = [[Brian Lenihan, Jnr]]
| after = [[Brian Lenihan, Jnr]].<ref>[http://www.rte.ie/news/2007/0614/election.html Ahern names new Cabinet]</ref>


}}
}}

Revision as of 18:42, 14 June 2007

For other people named Michael McDowell (politician), see Michael McDowell (politician) (disambiguation).
Michael McDowell
Tánaiste
In office
13 September 2006 – 14 June 2007
Preceded byMary Harney
Succeeded byBrian Cowen
Minister for Justice, Equality and Law Reform
Assumed office
6 June 2002
Preceded byJohn O'Donoghue
Leader of the Progressive Democrats
In office
11 September 2006 – 25 May 2007
Preceded byMary Harney
Succeeded byPosition vacant
Teachta Dála for Dublin South East
In office
17 February 1987 – 15 June 1989
In office
25 November 1992 – 6 June 1997
In office
17 May 2002 – 24 May 2007
Personal details
Born (1951-05-01) May 1, 1951 (age 73)
Dublin
Ireland
Political partyProgressive Democrats
SpouseNiamh Brennan
Websitehttp://www.michaelmcdowell.ie

Michael McDowell (Irish: Mícheál Mac Dubhghaill;[1] born 1 May 1951) is a former Irish politician and a founding member of the Progressive Democrats political party. He served as Teachta Dála (TD) for the Dublin South East constituency from 1987–1989, 1992–1997, and 2002–2007; was Minister for Justice, Equality and Law Reform from 2002–2007; and led the Progressive Democrats from September 2006 until May 2007, during which time he also served as Tánaiste. Immediately after the 2007 general election, in which his party lost six of its eight seats in the Dáil, including his own, McDowell announced his resignation as party leader and his retirement from Irish public life.

McDowell was also Attorney General of Ireland from 1999–2002 and president of the Progressive Democrats from 2002–2006. He is a grandson of Eoin MacNeill, founder of the Irish Volunteers and co-founder of the Gaelic League, who served as Minister for Finance and Minister for Education in the First and Second Dáil.

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.[2] 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 was elected for the constituency of Dublin South East .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,[3] a position he held until 2002. In 2000 he suggested changing the name of the party to the Radical Party but to no avail.[4]

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 and Law Reform. He was a strong opponent of Sinn Féin and the IRA, and often took a harder line than his coalition partners, Fianna Fáil.

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.[5]
  • McDowell's Intoxicating Liquor Act 2003[6] prohibited cut-price drinks promotions and placed restrictions on alcohol advertising, as well as making it mandatory for under-21s to have proof of age when drinking in pubs.[7] This law also banned under-18s from pubs after 9pm, a regulation that was highly unpopular and was later relaxed to 10pm during the summer months.[8] In 2005, McDowell proposed to grant licences 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 owing to objections from publicans and members of his coalition partners, Fianna Fáil.[9]
  • 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[citation needed] of pregnant women were coming to Ireland to give birth and thus gain automatic citizenship for their children. The referendum was passed with an 80% majority.[10] The referendum was criticised by the Opposition, some of whom accused McDowell of encouraging racism.[11]
  • He reformed the private security industry, regulating it for the first time under the Private Security Services Act 2004 and establishing the Private Security Authority.[12]
  • He reformed the prison service, and made it more cost effective, by recruiting additional prison officers, and reducing exhorbitant overtime pay.
  • He launched far-reaching reforms of the Garda Síochána under the Garda Síochána Act 2005,[13] after the force was extensively criticised by the Morris Tribunal and Barr Tribunal.[14]
  • 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.[15][16]
  • 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 April 2007, the bill had reached its committe stage in the Seanad.[17] Related to the defamation reforms, McDowell also proposed a new privacy law which was heavily criticised by the newspaper industry.[18][19]

Controversies as Minister

As Justice Minister, McDowell attracted a good deal of controversy:

  • McDowell purchased, a farm in North County Dublin, called Thorton Hall site, on behalf of the state, in order to build a proposed prison. However this was expensive, and several state organizations already had land in closer to the city which might have been used for the same purpose.
  • He sped up the deportation of failed asylum seekers, including one case in 2005 where a student, Olunkunle Eluhanla, was deported back to Nigeria while preparing for his Leaving Certificate examinations. After a public outcry, McDowell allowed his return.[20][21]
  • 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.[22] 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.

    by Adams, McGuinness and Ferris.[23]
  • 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 in total).[24], including five murders in six days in December.[25] 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".[26] In an unprecedented protest, dozens of senior judges boycotted a 2006 Christmas reception given by McDowell.[27] He has been openly criticised by [1] retired judge Fergus Flood over McDowell's 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 May 2005, when addressing the Oireachtas Justice Committee, he made a number of comments insinuating that most asylum seekers were not legally entitled to stay in Ireland and regretting his inability to deport them forthwith because of due process. [28]
  • On 13 December 2005, using Dáil privilege,[29] 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.[30] 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.[31]
  • 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. McDowell maintained that Bruton specifically chose to compare dates that did not accurately reflect a general increase in Garda numbers. He apologised for the remarks on the "Morning Ireland" radio programme on RTÉ the next day.[32]
  • 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.[33]
  • 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. The Supreme Court's decision surprised observers.[34]
  • 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.[35]
  • On 6 March 2007, McDowell apologised to the Dáil for omissions from an Act[36] that he had enacted in 2006 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.[37]

  • In May 2007 a convicted armed robber, John Daly, phoned Liveline on RTÉ Radio. The problem was that Daly was talking to the programme on his mobile phone from his cell in the top security wing of the maximum security Portlaoise Prison. McDowell, later described the whole affair as "brazen and deliberate". [2]
  • McDowell was heavily criticised [38] 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.[39] 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.[40] On 11 September 2006 McDowell was confirmed as party leader[41] and on 13 September 2006, he was appointed Tánaiste.

Resignation as Party Leader and Leaving politics

File:Elections who needs em 052.jpg
McDowell announces his retirement.

McDowell failed to be re-elected to the Dáil following the 2007 general election. He is the first sitting Tánaiste to lose his seat, and his subsequent departure from politics makes him the "shortest-serving political-party leader in the history of the State"[42]. He has stated that his time as a public representative is now over[43], meaning he will not continue as leader of the Progressive Democrats.

On May 25 2007, McDowell resigned as leader of the Progressive Democrats and announced that he was quitting politics, immediately and without consultation with his party colleagues, after losing his seat in the Dublin South-East constituency in the general election, while the party fell from eight seats to two.

The Minister for Enterprise, Trade & Employment, Micheál Martin, said he was sad to learn of his cabinet colleague's decision to resign. He said he will be a significant loss, calling him a very formidable parliamentarian.[44]

The reaction of the press was divided:

That McDowell's career in government as Tánaiste is over is partly of his own making as he courted controversy to such a fevered extent that he became the most unpopular political leader in the country.[45]

McDowell's reforms of the prison service, the Gardaí and immigration policy are a monument to his five years as Minister for Justice. [46]

Quotations

Michael McDowell is an eloquent and accomplished speaker. McDowell could best encapsulate what his party stood for than any other member. (more assistance required to complete)

  • "Be radical, or be redundant"
  • "This is a Ceacescu project"
  • "Single Party Government? No, Thanks"
  • "Leftwing Government? No, Thanks"
  • "I am surrounded by the left, the hard left, and the leftovers". May 2007,in a debate with Pat Rabbitte, Gerry Adams, and Trevor Sargeant.

Notes and references

  1. ^ Coiste Uile-Pháirtí an Oireachtais ar an mBunreacht, 1996-97 — Irish government information website, accessed 20 December 2006.
  2. ^ 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 transfer — RTÉ News article, 30 August, 2002.
  3. ^ In a coalition government of his party with Fianna Fáil.
  4. ^ PDs reject radical name change
  5. ^ Govt to go ahead with ASBOs - Harney — RTÉ News report, 7 April, 2006.
  6. ^ Intoxicating Liquor Act 2003
  7. ^ McDowell outlines alcohol proposals — RTÉ News report, 27 May 2003.
  8. ^ Children's summer pub curfew is relaxed — RTÉ News report, 7 October, 2004.
  9. ^ Liquor Bill proposes historic reform of licensing laws — The Irish Times newspaper article, 16 April 2005.
  10. ^ Ireland votes to end birth right — BBC News report, 13 June, 2004.
  11. ^ Opposition calls over timing of referendum — RTÉ News report, 11 March, 2004.
  12. ^ McDowell launches Private Security Authority — Progressive Democrats press release, 28 October, 2004.
  13. ^ Garda Síochána Act 2005
  14. ^ McDowell commences Garda Act provisions — Department of Justice press release, 10 March, 2006.
  15. ^ Digital rights group sues Irish government — ElectricNews.net report, 14 September, 2006, accessed 20 December, 2006.
  16. ^ State may face legal challenge over its access to phone data — The Irish Times newspaper article, 29 July, 2006.
  17. ^ Defamation bill goes before Seanad — The Irish Times newspaper article, 6 December 2006.
  18. ^ Privacy Bill to accompany new defamation law — The Irish Times newspaper article, 5 July 2006.
  19. ^ Shameful privacy bill degrades McDowell — Sunday Independent opinion article, 9 July 2006.
  20. ^ Just this once: McDowell in climbdown on boy's return — Irish Independent newspaper article, 25 March, 2005.
  21. ^ Ireland: Deported Nigerian Student Can Return — New York Times newspaper article, 25 March, 2005.
  22. ^ These men run IRA, says Dublin — The Scotsman newspaper article, 21 February 2005.
  23. ^ SF trio denies being on IRA Army Council — RTÉ News report, 21 February 2005.
  24. ^ McDowell under attack for telling Gardai to 'get lucky' — The Sunday Times newspaper article, 10 December 2006.
  25. ^ Murder toll in six days rises to five after Dublin shooting — The Irish Times newspaper article, 14 December, 2006.
  26. ^ Gangland bail 'agreed by gardai' — The Sunday Times newspaper article, 17 December 2006.
  27. ^ Judges boycott McDowell reception over bail comments — The Irish Times newspaper article, 22 December 2006.
  28. ^ McDowell blasts 'bogus' asylum-seeking — RTÉ News report, 18 May, 2005.
  29. ^ This means one cannot be sued for defamation due to any speech made in either house.
  30. ^ McDowell says he gave papers to Independent — RTÉ News report, 12 December, 2005.
  31. ^ US backer withdraws funding for CPI — RTÉ News report, 7 December, 2005.
  32. ^ McDowell forced into making two public apologies — The Irish Times newspaper article, 22 March, 2006.
  33. ^ McDowell shakes hands with Bruton — RTÉ News report 21 March, 2006.
  34. ^ 'Minister must go' — The Irish Times newspaper article, 2 June, 2006.
  35. ^ McDowell says Ahern made 'error of judgement' — RTÉ News report, 27 September, 2006.
  36. ^ Criminal Law (Sexual Offences) Act 2006
  37. ^ McDowell defends new legislative fiasco — The Village website article, 7 March, 2007
  38. ^ Jail search yields phones, budgie
  39. ^ Harney and McDowell in dispute over leadership pact — The Irish Times newspaper article, 22 June 2006
  40. ^ McDowell to take over PD leadership — RTÉ website article, 10 September, 2006
  41. ^ McDowell confirmed as new PD leader — RTÉ website article, 13 September 2006
  42. ^ McDowell quits politics after losing Dáil seat to Gormley — The Irish times newspaper article, 26 May 2007.
  43. ^ "McDowell loses his seat, says days in politics are over". Breaking News Ireland website article. Retrieved 2007-05-25. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
  44. ^ McDowell to leave politics — RTÉ News report, 25 May, 2007.
  45. ^ The fateful day when the Tánaiste signed his own death warrant — Irish Independent article, 26 May, 2007.
  46. ^ Politics has lost a man of guts and fierce integrity — Irish Independent article, 28 May 2007.

Political career

Oireachtas
Preceded by Progressive Democrats Teachta Dála for
Dublin South East
1987–1989 		Succeeded by
Preceded by Progressive Democrats Teachta Dála for
Dublin South East
1992–1997 		Succeeded by
Preceded by Progressive Democrats Teachta Dála for
Dublin South East
2002–2007 		Succeeded by
Political offices
Preceded by Attorney General of Ireland
7 July, 1999–17 May, 2002 		Succeeded by
Preceded by Minister for Justice, Equality and Law Reform
6 June, 2002–14 June, 2007 		Succeeded by
Preceded by Leader of the Progressive Democrats
11 September, 2006–25 May, 2007 		Succeeded by
Position vacant
Preceded by Tánaiste
13 September, 2006–14 June, 2007 		Succeeded by

External links

This page incorporates information from the Oireachtas Members Database

  1. ^ Ahern names new Cabinet
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