Michael McDowell
Encyclopedia
Michael McDowell is a Senior Counsel
in the Bar Council of Ireland
and a former politician.
A grandson of Irish revolutionary Eoin MacNeill
, McDowell was a founding member of the Progressive Democrats
political party
in the mid-1980s. On three occasions he was elected as a Teachta Dála
(TD) for the Dublin South East
constituency, serving in the 25th Dáil
(1987–89), the 27th Dáil
(1992–97), and the 29th Dáil
(2002–07). He lost his Dáil seat at the general elections of 1989
, 1997
, and 2007.
During his years in public life, McDowell also served as Attorney General of Ireland
(1999–2002), as Minister for Justice, Equality and Law Reform (2002–07), as leader of the Progressive Democrats (2006–07), and as Tánaiste
(2006–07).
McDowell led the Progressive Democrats to a disastrous performance in the 2007 general election, in which the party lost six of its eight seats in Dáil Éireann
, including his own. After conceding his seat to John Gormley
at the RDS count centre in Dublin, McDowell abruptly resigned as party leader and announced his immediate retirement from public life. He has since resumed his private legal career.
school Gonzaga College
, then at University College Dublin
where he became auditor of the UCD Law Society
. He later attended the King's Inns
in Dublin where he achieved the Barrister-at-Law degree
in 1974. McDowell was a junior counsel on the legal team that defended the murder
er Malcolm MacArthur in the notorious GUBU
case. In 2002, McDowell excused himself from considering MacArthur's parole
report, to avoid any possible conflict of interest arising from this representation. 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 immediately wrote to him in support, and ended up becoming 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
.
s elected to Dáil Éireann
at the 1987 general election
, the first election after the party was founded. He was elected for the Dublin South East
constituency. He lost his seat at the 1989 general election
but was made chairman of the party. McDowell regained his seat at the 1992 general election
but lost it again at the 1997 general 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, a position he held until 2002. In 2000 he proposed changing the name of the party to the Radical Party.
, McDowell regained his Dáil seat. This was the first time McDowell combined winning a Dáil seat with his party's entry into government. He was appointed to the cabinet as Minister for Justice, Equality and Law Reform. He was a strong opponent of the policies of Sinn Féin
and the Provisional Irish Republican Army
, and often took a harder line than his coalition partners, Fianna Fáil. He was named as Politician of the Year for 2004 in the Magill
magazine annual awards.
, 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. 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. On 11 September 2006 McDowell was confirmed as party leader and on 13 September 2006, he was appointed Tánaiste.
. While McDowell was unveiling the poster during a press briefing in Ranelagh which was the site of his telegraph pole climb in the 2002 election; constituency opponent John Gormley
of the Green party turned up to confront McDowell on the issue of an accompanying pamphlet which made misleading claims about the Green party. The ensuing exchange between them was dubbed the Rumble in Ranelagh by the media. During the 2007 RTÉ
Television election debate, McDowell remarked on the state of the opposition parties: "I'm surrounded by the left, the hard-left and the left-overs."
Despite being a high profile party leader, Tánaiste and Minister for Justice, McDowell's vote dropped from 6,093 (18.8%) in the 2002 general election
to 4,450 (13.2%) in the 2007 general election. He was beaten for the last seat in the Dublin South East constituency by John Gormley
by a margin of 304 votes. He was 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". He stated that his time as a public representative was over.
On 25 May 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 then Minister for Enterprise, Trade and 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.
The reaction of the press was divided:
Since leaving politics he has returned to work as a Senior Counsel. Despite this, he receives additional annual pension payments of €60,388.
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
in the Bar Council of Ireland
Bar Council of Ireland
The Bar Council of Ireland is the regulatory and representative body for barristers practising law in the Republic of Ireland. The Council is composed of twenty-five members composed of twenty elected members, four co-opted members and Attorney-General who holds office ex officio. The elected...
and a former politician.
A grandson of Irish revolutionary Eoin MacNeill
Eoin MacNeill
Eoin MacNeill was an Irish scholar, nationalist, revolutionary and politician. MacNeill is regarded as the father of the modern study of early Irish medieval history. He was a co-founder of the Gaelic League, to preserve Irish language and culture, going on to establish the Irish Volunteers...
, McDowell was a founding member of the Progressive Democrats
Progressive Democrats
The Progressive Democrats , commonly known as the PDs, was a pro-free market liberal political party in the Republic of Ireland.Launched on 21 December 1985 by Desmond O'Malley and other politicians who had split from Fianna Fáil and Fine Gael, the Progressive Democrats took liberal positions on...
political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
in the mid-1980s. On three occasions he was elected as a Teachta Dála
Teachta Dála
A Teachta Dála , usually abbreviated as TD in English, is a member of Dáil Éireann, the lower house of the Oireachtas . It is the equivalent of terms such as "Member of Parliament" or "deputy" used in other states. The official translation of the term is "Deputy to the Dáil", though a more literal...
(TD) for the Dublin South East
Dublin South East (Dáil Éireann constituency)
Dublin South–East is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 4 deputies...
constituency, serving in the 25th Dáil
Members of the 25th Dáil
This is a list of the members who were elected to the 25th Dáil Éireann, the lower house of the Oireachtas of Ireland. These TDs were elected at the 1987 general election on 17 February 1987 and met on 10 March 1987. The 25th Dáil was dissolved by President Patrick Hillery, at the request of the...
(1987–89), the 27th Dáil
Members of the 27th Dáil
This is a list of the members who were elected to the 27th Dáil Éireann, the lower house of the Oireachtas of Ireland. These TDs were elected at the 1992 general election on 25 November 1992 and met on 4 January 1993. The 27th Dáil was dissolved by President Mary Robinson, at the request of the...
(1992–97), and the 29th Dáil
Members of the 29th Dáil
This is a list of the members who were elected to the 29th Dáil Éireann, the lower house of the Oireachtas of Ireland. These TDs were elected at the 2002 general election on 17 May 2002 and met on 6 June 2002. The 29th Dáil was dissolved by President Mary McAleese, at the request of the Taoiseach...
(2002–07). He lost his Dáil seat at the general elections of 1989
Irish general election, 1989
The Irish general election of 1989 was held on Thursday, 15 June 1989, three weeks after the dissolution of the Dáil on 25 May. The newly elected 166 members of the 26th Dáil assembled at Leinster House on 29 June...
, 1997
Irish general election, 1997
The Irish general election of 1997 was held on Friday, 6 June 1997. The 166 newly elected members of the 28th Dáil assembled on 26 June 1997 when a new Taoiseach and government were appointed....
, and 2007.
During his years in public life, McDowell also served as Attorney General of Ireland
Attorney General of Ireland
The Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends...
(1999–2002), as Minister for Justice, Equality and Law Reform (2002–07), as leader of the Progressive Democrats (2006–07), and as Tánaiste
Tánaiste
The Tánaiste is the deputy prime minister of Ireland. The current Tánaiste is Eamon Gilmore, TD who was appointed on 9 March 2011.- Origins and etymology :...
(2006–07).
McDowell led the Progressive Democrats to a disastrous performance in the 2007 general election, in which the party lost six of its eight seats in Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
, including his own. After conceding his seat to John Gormley
John Gormley
John Gormley is an Irish politician. He was the leader of the Irish Green Party from 2007 to 2011, and was a Teachta Dála for the Dublin South East constituency from 1997 to 2011. He served as Minister for the Environment, Heritage and Local Government from 2007–11...
at the RDS count centre in Dublin, McDowell abruptly resigned as party leader and announced his immediate retirement from public life. He has since resumed his private legal career.
Life before election to the Dáil
Born in Dublin, he was educated at the JesuitSociety of Jesus
The Society of Jesus is a Catholic male religious order that follows the teachings of the Catholic Church. The members are called Jesuits, and are also known colloquially as "God's Army" and as "The Company," these being references to founder Ignatius of Loyola's military background and a...
school Gonzaga College
Gonzaga College
Gonzaga College is a private Roman Catholic boys' secondary school in Ranelagh, Dublin, Ireland , under the trusteeship of the Society of Jesus . Founded in 1950, the curriculum is traditional, with a broad general programme of subjects including Latin and Greek at junior cycle and the opportunity...
, then at University College Dublin
University College Dublin
University College Dublin ) - formally known as University College Dublin - National University of Ireland, Dublin is the Republic of Ireland's largest, and Ireland's second largest, university, with over 1,300 faculty and 17,000 students...
where he became auditor of the UCD Law Society
University College Dublin Law Society
The UCD Law Society is one of the largest student societies in Europe. Established in 1911 as 'The Legal and Economic Society', it has over 4100 members drawn from the various faculties of the University. Weekly Tuesday night debates during term are the Society's core activity...
. He later attended the King's Inns
King's Inns
The Honorable Society of King's Inns , is the institution which controls the entry of barristers-at-law into the justice system of Ireland...
in Dublin where he achieved the Barrister-at-Law degree
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
in 1974. McDowell was a junior counsel on the legal team that defended the murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
er Malcolm MacArthur in the notorious GUBU
GUBU
GUBU is an acronym standing for grotesque, unbelievable, bizarre and unprecedented.The phrase was paraphrased from a comment by then Taoiseach of Ireland, Charles Haughey, while describing a strange series of incidents in the summer of 1982 that led to a double-murderer being apprehended in the...
case. In 2002, McDowell excused himself from considering MacArthur's parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
report, to avoid any possible conflict of interest arising from this representation. He was appointed a Senior Counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
in 1987 when he was 35 years old. He became involved in politics, initially supporting Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
. When Desmond O'Malley
Desmond O'Malley
Desmond Joseph "Des" O'Malley is a former Irish politician.Born in Limerick, O'Malley was raised in a local political dynasty that had a strong association with Fianna Fáil. Elected to Dáil Éireann in 1968, he quickly became a trusted confidante of Taoiseach Jack Lynch...
was expelled from Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
in 1985, McDowell immediately wrote to him in support, and ended up becoming one of the people who helped him establish the Progressive Democrats. He is the husband of UCD accountancy
Accountancy
Accountancy is the process of communicating financial information about a business entity to users such as shareholders and managers. The communication is generally in the form of financial statements that show in money terms the economic resources under the control of management; the art lies in...
Professor
Professor
A professor is a scholarly teacher; the precise meaning of the term varies by country. Literally, professor derives from Latin as a "person who professes" being usually an expert in arts or sciences; a teacher of high rank...
Niamh Brennan and brother of UCD economics
Economics
Economics is the social science that analyzes the production, distribution, and consumption of goods and services. The term economics comes from the Ancient Greek from + , hence "rules of the house"...
lecturer
Lecturer
Lecturer is an academic rank. In the United Kingdom, lecturer is a position at a university or similar institution, often held by academics in their early career stages, who lead research groups and supervise research students, as well as teach...
Moore McDowell
Moore McDowell
Moore McDowell is an economics lecturer in University College Dublin and a frequent contributor to the Irish Independent newspaper.He is the brother of Michael McDowell, the former Tánaiste and former leader of the Progressive Democrats....
.
Career in the Dáil and Attorney General
McDowell was one of 14 Progressive Democrat TDTeachta Dála
A Teachta Dála , usually abbreviated as TD in English, is a member of Dáil Éireann, the lower house of the Oireachtas . It is the equivalent of terms such as "Member of Parliament" or "deputy" used in other states. The official translation of the term is "Deputy to the Dáil", though a more literal...
s elected to Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
at the 1987 general election
Irish general election, 1987
The Irish general election of 1987 was held on 17 February 1987, four weeks after the dissolution of the Dáil on 20 January. The newly-elected 166 members of the 25th Dáil assembled at Leinster House on 10 March when a new Taoiseach and government were appointed.The general election took place in...
, the first election after the party was founded. He was elected for the Dublin South East
Dublin South East (Dáil Éireann constituency)
Dublin South–East is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 4 deputies...
constituency. He lost his seat at the 1989 general election
Irish general election, 1989
The Irish general election of 1989 was held on Thursday, 15 June 1989, three weeks after the dissolution of the Dáil on 25 May. The newly elected 166 members of the 26th Dáil assembled at Leinster House on 29 June...
but was made chairman of the party. McDowell regained his seat at the 1992 general election
Irish general election, 1992
The Irish general election of 1992 was held on Wednesday, 25 November 1992, almost three weeks after the dissolution of the Dáil on 5 November. However, after difficulties in forming a government the newly elected 166 members of the 27th Dáil did not assemble at Leinster House until 4 January 1993...
but lost it again at the 1997 general election
Irish general election, 1997
The Irish general election of 1997 was held on Friday, 6 June 1997. The 166 newly elected members of the 28th Dáil assembled on 26 June 1997 when a new Taoiseach and government were appointed....
. At various times, he served as a member of the Progressive Democrats front bench in roles as spokesman for foreign affairs, Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
and finance. In July 1999, McDowell was appointed Attorney General of Ireland, a position he held until 2002. In 2000 he proposed changing the name of the party to the Radical Party.
Minister for Justice, Equality and Law Reform
Following the 2002 general electionIrish general election, 2002
The Irish general election of 2002 was held on Friday, 17 May 2002 just over three weeks after the dissolution of the 28th Dáil on Thursday 25 April by President Mary McAleese, at the request of the Taoiseach, Bertie Ahern...
, McDowell regained his Dáil seat. This was the first time McDowell combined winning a Dáil seat with his party's entry into government. He was appointed to the cabinet as Minister for Justice, Equality and Law Reform. He was a strong opponent of the policies of Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
and the Provisional Irish Republican Army
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
, and often took a harder line than his coalition partners, Fianna Fáil. He was named as Politician of the Year for 2004 in the Magill
Magill
Magill was an Irish politics and current affairs magazine founded by Vincent Browne and others in 1977. Magill was widely perceived as groundbreaking, specialising in in-depth investigative articles and colourful reportage by journalists such as Eamonn McCann and Gene Kerrigan...
magazine annual awards.
Work as Minister
- In 2005, he announced plans to introduce Anti-Social Behaviour OrderAnti-Social Behaviour OrderAn Anti-Social Behaviour Order or ASBO is a civil order made against a person who has been shown, on the balance of evidence, to have engaged in anti-social behaviour. The orders, introduced in the United Kingdom by Prime Minister Tony Blair in 1998, were designed to correct minor incidents that...
s, although not in the same form as those in BritainUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. - McDowell's Intoxicating Liquor Act 2003 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. This law also banned under-18s from pubPublic houseA public house, informally known as a pub, is a drinking establishment fundamental to the culture of Britain, Ireland, Australia and New Zealand. There are approximately 53,500 public houses in the United Kingdom. This number has been declining every year, so that nearly half of the smaller...
s after 9pm, a regulation that was highly unpopular and was later relaxed to 10pm during the summer months. 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 drinkingBinge drinkingBinge drinking or heavy episodic drinking is the modern epithet for drinking alcoholic beverages with the primary intention of becoming intoxicated by heavy consumption of alcohol over a short period of time. It is a kind of purposeful drinking style that is popular in several countries worldwide,...
by introducing a more European "café culture". This initiative was dropped owing to objections from publicans and members of his coalition partners, Fianna Fáil. - In 2004, he proposed a citizenship referendumTwenty-seventh Amendment of the Constitution of IrelandThe Twenty-seventh Amendment of the Constitution of Ireland provided that children born on the island of Ireland to parents who were both non-nationals would no longer have a constitutional right to citizenship of the Republic of Ireland...
to end the automatic right to Irish citizenshipIrish nationality lawIrish nationality law is the law of the Republic of Ireland governing citizenship. A person may be an Irish citizen through birth, descent, marriage to an Irish citizen or through naturalisation. Irish nationality law is currently contained in the provisions of the Irish Nationality and Citizenship...
for all babies born on the island of Ireland. The referendum was passed with an 80% majority. The referendum was criticised by the Opposition, some of whom accused McDowell of pandering to racist elements. - 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.
- He launched far-reaching reforms of the Garda SíochánaGarda Síochána, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...
and introduced severe penalties (up to five years in jail) for Gardaí who leaked information under the Garda Síochána Act 2005, after the force was extensively criticised by the MorrisMorris TribunalThe Morris Tribunal is a Public Inquiry to address allegations of the 1990s and early 2000s against the Garda Síochána , the national police force of the Republic of Ireland...
and Barr TribunalBarr TribunalThe Barr Tribunal was a Public Inquiry in the Republic of Ireland established by Resolutions passed by the Dáil Éireann and the Seanad Éireann on the 17 and 18 April 2002, and by Instrument entitled Tribunals of Inquiry Evidence Acts 1921 Instrument 2002 made by the Minister for Justice, Equality...
s and he was embarrassed by high-profile leaks of his plans for the force to newspapers from high-level Gardaí. He also introduced a voluntary ancillary branch of the Irish Garda police force despite huge resistance from paid employees. - McDowell's Criminal Justice (Terrorist Offences) Act, 2005 on telecommunications data retentionTelecommunications data retentionIn the field of telecommunications, data retention generally refers to the storage of call detail records of telephony and internet traffic and transaction data by governments and commercial organisations...
compels service providers to store all telephone, SMSShort message serviceShort Message Service is a text messaging service component of phone, web, or mobile communication systems, using standardized communications protocols that allow the exchange of short text messages between fixed line or mobile phone devices...
and internet records for three years and provide them to Gardaí on request. The Digital Rights IrelandDigital Rights IrelandDigital Rights Ireland is an digital rights advocacy and lobbying group based in the Republic of Ireland. The group works for civil liberties in a digital age.- Telecommunications data retention :...
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. - McDowell's Defamation Bill of 2006 proposed a radical reform of Irish defamation law, replacing the tortTortA tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
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. Related to the defamation reforms, McDowell also proposed a new privacyPrivacyPrivacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
law which was heavily criticised by the newspaper industry.
Controversies as Minister
As Justice Minister, McDowell attracted a good deal of controversy:- McDowell authorised the purchase of a farm in north FingalFingalFingal is a county in Ireland. It is one of three smaller counties into which County Dublin was divided in 1994. With its county seat located in Swords, it has a population of 239,992 according to the 2006 census...
, at Thornton Hall, on behalf of the state, in order to build a proposed prison. However this was more expensive compared to the value of similar land close by, and several state organisations already had land closer to the city which might have been used for the same purpose. - He sped up the deportationDeportationDeportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
of failed asylum seekers, including one case in 2005 where a student, Kunle Eluhanla, was deported back to NigeriaNigeriaNigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
while preparing for his Leaving CertificateLeaving CertificateThe Leaving Certificate Examinations , commonly referred to as the Leaving Cert is the final examination in the Irish secondary school system. It takes a minimum of two years preparation, but an optional Transition Year means that for those students it takes place three years after the Junior...
examinations. After a public outcry led by Eluhanla's classmates, McDowell allowed his return, but not that of others. - In February 2005, he accused the Sinn Féin leaders Gerry AdamsGerry AdamsGerry Adams is an Irish republican politician and Teachta Dála for the constituency of Louth. From 1983 to 1992 and from 1997 to 2011, he was an abstentionist Westminster Member of Parliament for Belfast West. He is the president of Sinn Féin, the second largest political party in Northern...
, Martin McGuinnessMartin McGuinnessJames Martin Pacelli McGuinness is an Irish Sinn Féin politician and the current deputy First Minister of Northern Ireland. McGuinness was also the Sinn Féin candidate for the Irish presidential election, 2011. He was born in Derry, Northern Ireland....
and Martin FerrisMartin FerrisMartin Ferris is an Irish Sinn Féin politician and a former Provisional Irish Republican Army volunteer. He has been a Teachta Dála for the Kerry North–West Limerick constituency since 2002 and is one of fourteen Sinn Féin representatives in the current Dáil.-Early life:Ferris was born in...
of being members of the Provisional IRA Army Council. The allegations were denied by Adams, McGuinness and Ferris. - 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)., including five murders in six days in December. 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". In an unprecedented protest, dozens of senior judges boycotted a 2006 Christmas reception given by McDowell. He has been openly criticised by 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.
- On 13 December 2005, using Dáil privilegeParliamentary privilegeParliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
, he claimed that Frank Connolly, an investigative journalist and a brother of one of the 'Colombia ThreeColombia ThreeThe Colombia Three are three individuals – Niall Connolly, James Monaghan and Martin McCauley – who are currently living in the Republic of Ireland, having fled from Colombia, where they were sentenced to prison terms of seventeen years for training FARC rebels.-Arrest:The three came to...
', had travelled to ColombiaColombiaColombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
under a false passport. McDowell subsequently leaked the alleged faked passport application to a friend, the journalist Sam Smyth of the Irish IndependentIrish IndependentThe Irish Independent is Ireland's largest-selling daily newspaper that is published in both compact and broadsheet formats. It is the flagship publication of Independent News & Media.-History:...
. McDowell was widely accused of abusing his power as Minister for Justice for political purposes, and prejudicing any potential police investigation. Although Connolly denied McDowell's accusations, the controversy led to Irish AmericanIrish AmericanIrish Americans are citizens of the United States who can trace their ancestry to Ireland. A total of 36,278,332 Americans—estimated at 11.9% of the total population—reported Irish ancestry in the 2008 American Community Survey conducted by the U.S. Census Bureau...
private donor Chuck FeeneyChuck FeeneyCharles F. Feeney , is an Irish American businessman and philanthropist and founder of The Atlantic Philanthropies, one of the largest private foundations in the world. He made his fortune as a co-founder with Robert Warren Miller of the Duty Free Shoppers Group...
withdrawing funding from the Centre for Public InquiryCentre for Public InquiryThe Centre for Public Inquiry was established in February 2005 as a non-governmental body to "...investigate matters of public importance in Irish political, public and corporate life"...
, an investigative organisation which had published two reports embarrassing the government, of which Frank Connolly was the director, after McDowell met with him. - On 20 March 2006, he apologised for calling the Opposition spokesperson on Justice, Richard BrutonRichard BrutonRichard Bruton is an Irish Fine Gael politician and has been a Teachta Dála for the Dublin North Central constituency since 1982. He was appointed as Minister for Jobs, Enterprise and Innovation on 9 March 2011...
, TD, "the Joseph GoebbelsJoseph GoebbelsPaul Joseph Goebbels was a German politician and Reich Minister of Propaganda in Nazi Germany from 1933 to 1945. As one of Adolf Hitler's closest associates and most devout followers, he was known for his zealous oratory and anti-Semitism...
of Irish political life". 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 RTÉRTERTÉ is the abbreviation for Raidió Teilifís Éireann, the public broadcasting service of the Republic of Ireland.RTE may also refer to:* Recep Tayyip Erdoğan, 25th Prime Minister of Turkey...
the next day. - In March 2006 he falsely claimed that Green PartyGreen Party (Ireland)The Green Party is a green political party in Ireland. It was founded as the Ecology Party of Ireland in 1981 by Dublin teacher Christopher Fettes. The party became the Green Alliance in 1983 and in 1987 was renamed to its current title in English...
'people' were responsible for vandalising Progressive Democrats headquarters. He later withdrew the comment, but then appeared to repeat it again. - In May 2006 the Supreme Court of Ireland struck down the law on statutory rapeStatutory rapeThe phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior...
as unconstitutional as it did not allow an individual accused to enter the defence of reasonable belief that the victim was of age. The Supreme Court's decision surprised the whole country, and in the aftermath, McDowell was widely criticised for failing to anticipate the decision. - On 27 September 2006 he criticised the Taoiseach Bertie AhernBertie AhernPatrick Bartholomew "Bertie" Ahern is a former Irish politician who served as Taoiseach of Ireland from 26 June 1997 to 7 May 2008....
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 Progressive Democrats determination to keep Fianna Fáil in power. Labour Party leader Pat RabbittePat RabbittePat Rabbitte is an Irish Labour Party politician who has been Minister for Communications, Energy and Natural Resources since March 2011...
said the Progressive Democrats were now handcuffed to Fianna Fáil for the duration of this Dáil, and that there might as well be single-party Government. - On 6 March 2007, McDowell apologised to the Dáil for omissions from an Act 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, saying: "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."
- Joe DuffyJoe DuffyJoseph "Joe" Duffy is an Irish broadcaster employed by Raidió Teilifís Éireann . A Jacob's Award winner, he is the current presenter of Liveline, which is broadcast on RTÉ Radio 1, Monday - Fridays between 13:45 and 15:00.Duffy has a history as a student activist; he was President of the Union of...
thought about resigning from RTÉ in 2007 after the broadcaster forced him to give McDowell a platform on Liveline to make a "party political broadcast". Duffy considered it "direct party-political interference" by the Justice Minister in Liveline.
Party leadership
In June 2006 McDowell was involved in a leadership dispute with party leader Mary HarneyMary Harney
Mary Harney is a former Irish politician. She served as Tánaiste from 1997–2006, Minister for Enterprise, Trade and Employment from 1997–2004, and as Minister for Health and Children from 2004 to 2011...
, 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. On 7 September 2006, Mary Harney unexpectedly resigned as party leader and McDowell became the favourite to succeed her in the consequent leadership election
Progressive Democrats leadership election, 2006
The Progressive Democrats leadership election, 2006 began on 7 September 2006 when Mary Harney resigned as leader of the Progressive Democrats. In spite of speculation earlier in the year surrounding her position as leader, Harney's announcement surprised many...
.
Irish media reported on 10 September 2006 that Michael McDowell would be the sole nominee for party leadership, Liz O'Donnell
Liz O'Donnell
Liz O'Donnell is a former Irish Progressive Democrats politician. She was the Deputy Leader of the Progressive Democrats, and represented Dublin South as a Teachta Dála from 1992 to 2007....
would become Deputy Leader and that Tom Parlon
Tom Parlon
Tom Parlon is a former Irish Progressive Democrats politician. He was a Teachta Dála for the Laois–Offaly constituency from 2002 to 2007 and was also the Minister of State at the Department of Finance with special responsibility for the Office of Public Works...
would become Party President. On 11 September 2006 McDowell was confirmed as party leader and on 13 September 2006, he was appointed Tánaiste.
2007 general election and resignation as party leader
During the 2007 general election campaign, the Progressive Democrats erected posters bearing the slogan, "Left wing government? No thanks". This was an echo of their 2002 election campaign when they issued posters bearing the slogan; "One party government? No thanks" which then targeted Fianna Fáil. In 2007 their target was the Green PartyGreen Party (Ireland)
The Green Party is a green political party in Ireland. It was founded as the Ecology Party of Ireland in 1981 by Dublin teacher Christopher Fettes. The party became the Green Alliance in 1983 and in 1987 was renamed to its current title in English...
. While McDowell was unveiling the poster during a press briefing in Ranelagh which was the site of his telegraph pole climb in the 2002 election; constituency opponent John Gormley
John Gormley
John Gormley is an Irish politician. He was the leader of the Irish Green Party from 2007 to 2011, and was a Teachta Dála for the Dublin South East constituency from 1997 to 2011. He served as Minister for the Environment, Heritage and Local Government from 2007–11...
of the Green party turned up to confront McDowell on the issue of an accompanying pamphlet which made misleading claims about the Green party. The ensuing exchange between them was dubbed the Rumble in Ranelagh by the media. During the 2007 RTÉ
Raidió Teilifís Éireann
Raidió Teilifís Éireann is a semi-state company and the public service broadcaster of Ireland. It both produces programmes and broadcasts them on television, radio and the Internet. The radio service began on January 1, 1926, while regular television broadcasts began on December 31, 1961, making...
Television election debate, McDowell remarked on the state of the opposition parties: "I'm surrounded by the left, the hard-left and the left-overs."
Despite being a high profile party leader, Tánaiste and Minister for Justice, McDowell's vote dropped from 6,093 (18.8%) in the 2002 general election
Irish general election, 2002
The Irish general election of 2002 was held on Friday, 17 May 2002 just over three weeks after the dissolution of the 28th Dáil on Thursday 25 April by President Mary McAleese, at the request of the Taoiseach, Bertie Ahern...
to 4,450 (13.2%) in the 2007 general election. He was beaten for the last seat in the Dublin South East constituency by John Gormley
John Gormley
John Gormley is an Irish politician. He was the leader of the Irish Green Party from 2007 to 2011, and was a Teachta Dála for the Dublin South East constituency from 1997 to 2011. He served as Minister for the Environment, Heritage and Local Government from 2007–11...
by a margin of 304 votes. He was 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". He stated that his time as a public representative was over.
On 25 May 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 then Minister for Enterprise, Trade and Employment
Minister for Enterprise, Trade and Employment (Ireland)
The Minister for Jobs, Enterprise and Innovation is the senior minister at the Department of Jobs, Enterprise and Innovation in the Government of Ireland.The current Minister for Jobs, Enterprise and Innovation is Richard Bruton, TD...
Micheál Martin
Micheál Martin
Micheál Martin is an Irish politician who has been leader of Fianna Fáil since January 2011. He is a Teachta Dála for the Cork South Central constituency...
, 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.
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.
McDowell's reforms of the prison service, the Gardaí and immigration policy are a monument to his five years as Minister for Justice.
Since leaving politics he has returned to work as a Senior Counsel. Despite this, he receives additional annual pension payments of €60,388.