Oireachtas Joint and Select Committees

Wednesday, 17 January 2018

Select Committee on Justice and Equality

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

10:20 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank the Cathaoirleach and Members. I am not sure the extent to which we need to go back over, in its entirety, the debate on the last occasion that took place on group three. Of course, I accept the need for a refresher, which we have had from Deputy O'Callaghan.

On the last occasion, just looking at the transcript, I had given my response to the various amendments in group three, which seek to remove from the Bill references to the Procedures Committee, the creation of the Procedures Committee, the role of the Procedures Committee, and the function of the Procedures Committee. I had indicated that I was not minded to accept the amendments because I do not accept the Opposition's view, or the proposers of the amendments' view, that the structure envisaged under the Bill is overly complicated and overly cumbersome. I believe it is important that we have a Procedures Committee under section 12(2), and that that committee would approve its statement of selection procedures and its statements of appropriate skills and attributes for inclusion in the published statement. That performance of the functions of a Procedures Committee is under section 19.

I want to reiterate the importance of the setting up of the Procedures Committee and, indeed, the functions of the Procedures Committee. I have to say that I would regard this committee as being a core element of the Bill and I am not inclined to accept the change in approach, as proposed by the Deputies. I did, on the last occasion, make reference to amendment No. 84 by Deputy Wallace and amendments No. 85 by Deputies Sherlock and Wallace. Again, amendments Nos. 84 and 85 seek to remove from section 19(2) and 19(5) the stipulation that the procedures committee or, indeed, any other committee should contain a majority of lay members and, indeed, a lay chair, as determined by the commission. Without reopening the debate, Chair, let me just say, as succinctly as possible, that I reject the import of the amendments because I do not accept that the structure envisaged under the Bill is unduly complicated, and I think this is a really important committee within the legislation. Therefore, I am unable to accept the amendments.

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