Dáil debates

Tuesday, 15 July 2014

Court of Appeal Bill 2014: Committee and Remaining Stages

 

6:35 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I touched on that matter. I take the Deputy's point on some of the ironies that arise in this discussion. While we all accept the need to reform the system after 20 years, we all agree that we have been lucky with the Judiciary. I have no hesitation making that statement and I expect every Deputy agrees with it in respect of judicial action and decision making over the decades.

The Deputy makes an interesting point, although I do not necessarily believe the issue he raises is a constitutional one. One is always conscious of the separation of powers in respect of a decision or initiative the Government takes on the Judiciary. I agree with the Deputy that decision making in this area would need to be carefully calibrated, notwithstanding Deputy Creighton's argument that the amendment is simple and straightforward. Deputy Creighton also referred to curriculum vitae qualifications and expertise, which are straightforward. However, in terms of additional information and the reasons for a decision, it is likely that further issues would arise that would require careful calibration. It is not the case that I am resistant to the idea behind the amendment. We need to know precisely what we are talking about and how it would be done.

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