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 Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

As I noted with the previous set of amendments, the procedures committee would have a very specific role to play in guiding the diversity and representation of the Judiciary and it was worth preserving. Having said that, the multiple committees of 11 members drawn from a commission of 13 members amount to an overly complex system. It is unnecessary. It would be desirable for one body to look at all appointments, with different considerations for every level. There would also be considerations that would be the same in all appointments as well. The example given by Deputy O'Callaghan of identifying a judge interested in one position who may be more suited to another position shows that such considerations are relevant. The commission should be responsible for the nomination of judges as a whole and the main body is suitable for that.

Deputy Daly has indicated very clearly that acceptance of these amendments will require a cleaning up exercise in subsequent Stages but there would be no problem with that and it is the reason we have multiple Stages when considering legislation. I am quite open to the original proposal of the presidents of the two courts attending ex officiobut I am not of the view that 17 members would be excessive. There are ways around this and the matters can be resolved if the amendments are accepted. I do not see any compelling reason for this number of committees to exist in the legislation.

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