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 Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 133:

In page 30, line 38, after “persons” to insert “, ranked in the order of the relevant committee’s preference” ”.

This will have to be tidied up because of earlier changes whereby we got rid of the term "relevant committees". This is about the principle of the commission having the ability to rank its choices, which is absolutely critical. The Bar Council recommended it as did the judicial appointments review committee, the membership of which comprised judges. Deputy O'Callaghan's Bill proposed the same thing and it is a reasonable proposal. If the commission does not have the power to rank, what is the point? It will have spent time and effort in analysing applications so the suggestion that it then hands everything over to Government, for it to pick which candidate it wants, is ludicrous and it would go against the whole purpose of the legislation. If we want to empower a commission and give it teeth, it will have to have the ability to rank judges. Everybody is in favour of this and it is a common-sense proposal.

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