Oireachtas Joint and Select Committees

Wednesday, 30 November 2016

Select Committee on Justice and Equality

Business of Select Committee

10:15 am

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail) | Oireachtas source

The Bill being proposed by my colleague, Deputy Jim O'Callaghan, tries to provide for a new independent system of judicial appointments. That is singularly important. It is vital that appointments be based on merit in the appointment and ranking of the different members.

I read again the speech of the Tánaiste and Minister for Justice and Equality on Second Stage and at no stage did she mention anything about invoking Article 17.2 of the Constitution. The Government allowed the Bill to pass and the Minister mentioned how it was a useful framework. She also mentioned how the Department of Justice and Equality had engaged with stakeholders and that the Bill was progressive and provided an interesting basis on which to engage in consideration of reform.

The Minister said there is common ground on Bills and that she would not oppose it but she hopes to come up with her own Bill. It was disingenuous to allow this Bill go through Second Stage and to present, as Deputy Daly has mentioned, a bureaucratic stroke to the committee at such a late stage, without respecting the Chairman. The Minister is the Deputy Leader of this State. We hear repeatedly about the programme for partnership Government which states:

The new political landscape in Ireland presents a historic opportunity to radically reform Irish politics – to fundamentally change the relationship between Government and the Oireachtas, and with it the relationship between the Irish people and their parliament.

It is said to be a partnership between Government and Parliament. It is when it suits the Government. The Government says it wants to be part of this change, not only to shape it but also to help drive it.

We have seen how this Bill has progressed through the Houses. We are here at this select committee, prepared for the amendments and to progress this, but as Deputy O'Callaghan has said, the Minister is addressing internal governmental issues and we have a de facto Minister for justice who is not here, Deputy Ross. The Minister has allowed another member of the Cabinet ride roughshod over the Executive, the Government, and undermine this Parliament. That is wrong. If the Minister wanted to achieve what is in A Programme for a Partnership Government, a partnership between the Government and the Dáil, she would have respected that process and mentioned that there were issues around Article 17.2 when she made her presentation to the House. To allow it to progress, to allow Deputies put forward amendments in a constructive fashion over weeks and to pull it at the last moment is wrong and undermines the rhetoric the Government uses repeatedly in our Parliament.

I am really angry about how this has been stroked to suit one Minister who has forgotten about his own portfolio. The Minister for Justice and Equality needs to exercise her own authority as Minister and Tánaiste. She could have facilitated this, with constructive amendments from the Department, by allowing this Bill to go through Committee Stage. Instead, it has been blocked, undermined and pulled at the last minute. It is a waste of the time of Members who have put significant work into drafting and amending this and it undermines everything the Minister and the Government has said about new politics. This is a dark day for what this partnership Government was intended to be.

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