Oireachtas Joint and Select Committees

Wednesday, 28 June 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Court of Appeal Appointment: Discussion

4:40 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

Apologies have been received from Senator Frances Black. Deputy Clare Daly will be with us momentarily; she had to go to the Dáil Chamber. I ask everybody present to please switch off all mobile phones as they interfere with the sound recording system in committee rooms. Before we commence, I indicate to members that we will go into private session again to discuss a very brief matter at the conclusion of this particular public session.

The purpose of today's meeting is an engagement with the Minister for Justice and Equality, Deputy Charles Flanagan, to discuss the manner in which the Government recently nominated the former Attorney General, Ms Máire Whelan, to fill the vacancy on the Court of Appeal. I welcome the Minister and his officials to the meeting this afternoon, which is the Minister's second with us today. I record our thanks to him for acceding to our request. The format of the meeting is that the Minister will be invited to make an opening statement which will be followed by a questions and answers session. I am obliged in the normal course, but very especially in the circumstances of the matter under address, to caution members they should be aware that under the salient rulings of the Chair, members should not comment on, criticise or make charges against a person outside the House, or an official by name or in such a way as to make him or her identifiable.

Before we begin, I give members a cautionary reminder that the Judiciary is independent under the Constitution and the Oireachtas has always respected the separation of powers. I request all members, therefore, to be measured in their contributions and to uphold the principle of mutual respect between the Houses of the Oireachtas and the Judiciary. While this does not preclude debate or raising the matter of the process and manner of a new judge's nomination and appointment, members should not stray into the areas of a judge's personal qualifications or suitability for any given position. I ask members to refrain from making remarks that reflect on the professionalism or competence of a member of the Judiciary. I now invite the Minister to make his opening statement whereupon I will give members the opportunity to ask questions.

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