Oireachtas Joint and Select Committees

Wednesday, 7 February 2018

Select Committee on Justice and Equality

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

9:00 am

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

I outlined previously that there are three different approaches in the amendments to how we might ensure that the lay representation is perhaps different from the some of the standard State boards and is representative of key organisations that would have an interest in judicial diversity and representativeness. My first preference is for the approach in amendment No. 50. I will come back to that. My second preference would be for the approach taken by Deputies Daly and Wallace. I will not support amendment No. 49 as it would mean that my own amendment would fall. I think it is too prescriptive. Certainly these are all relevant organisations but we need an approach that ensures greater flexibility for the kind of organisations that can be represented and I think this is achieved in amendment No. 50. As I said before, the approach that would be taken is that the lay appointments would be divided into two parts, one part which would appointed through the traditional Public Appointments Service approach and the other part involving three positions, and possibly more than that if we are looking at additional lay members, that would be nominated through a process whereby a panel would be drawn together from all the relevant organisations. Any relevant organisation could apply to be on that panel, be it any of the six mentioned in Deputy O'Callaghan's amendment or others such as the Immigrant Council of Ireland, the Migrant Rights Centre, the National Women's Council or the Irish Council for Civil Liberties. All these organisations could apply to be members of that panel and would be contacted at the point at which a vacancy existed in the Judicial Appointments Commission and would be entitled to nominate somebody for that position. At the end of that process, three persons would be appointed. It creates greater flexibility but also potentially greater diversity in the organisations that would be represented. With regard to Deputy Daly's few minutes in this group, could she tell us what the implication or result of removing the word "lay" from all those sections would be?

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