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 Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

There is a requirement not in the Bill or this amendment. A person should not be appointed as Chief Justice, President of the Court of Appeal or President of the High Court unless the person is a judge. If a barrister can be made Chief Justice or a solicitor can be made President of the Court of Appeal, it would be like a person who has never been a teacher becoming a principal of a school. On Report Stage, Deputy Chambers and I will consider putting down amendments in that respect.

The explanation of the Minister against this proposal appears to be that because these are such important positions, we would not want the commission dealing with it. In a way it is an indictment of the commission. This has nearly gone full circle because the process has become so complicated. We are chasing our tails to ensure everything is put in place. The Government has put it in the Bill that these positions would be dealt with separately because they are so important. They are so important it seems they cannot be left to the commission. I am not desperately happy with Deputy Daly's amendment but to be consistent in the approach to the Bill, I will support it.

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