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

I thank the Chairman for giving me an opportunity to make some comments. The points I have to make might assist the committee in its consideration of this matter. I remind Deputies O'Callaghan and Jack Chambers, in particular, that new politics works both ways. As Deputy O'Callaghan mentioned on Second Stage, the confidence and supply arrangement provides for a ten-week period for bringing forward a Government view on legislation before it is considered on Committee Stage. The Bill we are discussing was introduced less than five weeks ago. Deputy O'Callaghan told the Dáil on that occasion that this "brings us to the beginning of January 2017 and I want my legislation before the committee at the beginning of January". What has happened in the meantime? I accept that when he brought the matter before the committee, it decided not to have pre-legislative scrutiny. I would like to make some points about that decision.

New politics envisages that legislative proposals will be subject to pre-legislative scrutiny. When I publish my Bill next Tuesday, I will ask the Chairman of this committee to provide for it to be the subject of pre-legislative scrutiny. When Deputy O'Callaghan brought his Bill to this committee, he also booked time in the Dáil next week for Report Stage. His party agreed to allocate Private Members' time for this Bill in advance of this committee having any discussion on it, in advance of any amendments and in advance of any timetable coming from the committee. I do not know how Deputy O'Callaghan decided that the Bill would be considered on Report Stage next week, but I have to say it does not smack of new politics to me.

I accept the point that there is a range of policy issues arising in this context. I respect the work that Deputy O'Callaghan has done on this Bill and the contribution he has made to the discussion in this area. I think he will share my view that since the foundation of the State, the Judiciary has served this State very well. Regardless of the system that is used for the appointment of judges, my personal belief is that there has never been any fear that judges will not behave impartially after they are appointed. I have made this view very clear all along. I have spoken of my respect for the Judiciary. I have emphasised how well this country has been served by its Judiciary. Times move on, however. Views have changed regarding the best method of appointing the Judiciary. That is what is under consideration in the Bill that Deputy O'Callaghan has proposed and the legislation I have been working on.

I believe there is common cause between the Bill I will be introducing and the Bill that has been published by Deputy O'Callaghan. There is agreement on the need for a new system of appointing judges. I do not believe that reflects in any way on those who have previously been appointed. Instead, it takes account of the best modern approach to recruiting the most suitable people. While I recognise that there are special requirements in any judicial appointment, that does not mean lessons cannot be learned from changes in selection processes generally. I believe those lessons should be applied to this arena now. After 20 years, it is time for change. We have seen a sea change in selection processes in other areas. The challenge we face is to decide how best to go about making improvements in this area.

The reality is that although we have a common objective, there are proposals in Deputy O'Callaghan's Bill that run directly contrary to the contents of the programme for Government. Of course he has a right to make such proposals. Members of the Dáil have an important role in making proposals. Of course some of them will be contrary to Government policy. I note that Deputy Clare Daly has tabled a number of amendments that directly contradict what is in the Bill at it stands.