Oireachtas Joint and Select Committees
Wednesday, 18 October 2017
Select Committee on Justice and Equality
Judicial Appointments Commission Bill 2017: Committee Stage
9:00 am
Charles Flanagan (Laois, Fine Gael) | Oireachtas source
The Deputies have said that the entire cost of the current process is €5,000. I find that very difficult to accept and, in fact, I do not believe that is the case. The cost is considerably more than the sum of €5,000.
In any event, this is a completely different structure. It is a completely different body. It is a body that is empowered in a way that the current Judicial Appointments Advisory Board, JAAB, is not. For example, the body will have to engage in the setting out of models of recruitment. It will have to embark upon selection testing.
One of the criticisms of the current judicial appointments procedure is the fact that over the years, since the operation of JAAB, not one interview has taken place even though it is catered for in the legislation. I would be confident that the situation will change under the new structures, that there will be an interview process and models of selection testing designs. I am confident that there will be an office albeit modest in form. The indicative spend is something in the region of €1 million. That may not well be the case but I would expect that it would be in or about that sum, and probably less.
I have to stress yet again the importance of adequately resourcing a body that will be charged with new responsibilities, new powers, new functions and a new role. We will be changing, in a fundamental way, the method of appointing members of the Judiciary. It is not unreasonable that the new commission should be adequately resourced. In fact, we can look back on a number of pieces of legislation that have passed through this committee in recent times, and in more distant times, where members on all sides repeatedly castigated the Minister for setting up new structures with new authorities, roles, functions and powers but then said they are no good without the resources.
Now an estimate has been given on the matter of resources to ensure that the new office would not be hamstrung in terms of its remit. At the first hurdle, we are faced with amendments that will completely change the structure of the new body, which to my mind will do it a fundamental disservice.
Of course, there will be an arrangement to ensure that any moneys or resources are audited. It is important at this stage that we would be in a position to estimate the level of funding that such a new body might require.
On the current cost, it is the Courts Service that offers the support services that in effect discharges funding in respect of the Judicial Appointments Advisory Board, JAAB. I believe it is unfair to say that the entire cost associated with that body is the sum that has been put forward by the Deputies. To suggest that we will exceed current funding by 200 times that amount is not a fair and adequate reflection of reality.
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