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 Mick WallaceMick Wallace (Wexford, Independent) | Oireachtas source

It is a matter of opinion. The Government will say what it wants. We can argue against it. There are senior counsel who are prepared to say they think it is unconstitutional and there are senior counsels who are prepared to say they think it is not unconstitutional. If we are trying to do what we set out to do, why not test it properly? The opinion should be published. It is all very well to be hiding behind the Attorney General. He comes up with these so-called opinions and does not even back them up. That does not stack up. If we are going to be transparent, then we should publish the opinion of the Attorney General and see if it stacks up. I have talked to people in the legal area and they said this would not be a problem in terms of the Constitution. The Government said it is. Why not publish the opinion from the Attorney General, if that is what it states? Is the Government just hiding behind the Constitution?

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