Oireachtas Joint and Select Committees

Thursday, 15 February 2018

Select Committee on Justice and Equality

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

2:00 pm

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

Deputy O'Callaghan put it well. I ought to have acknowledged that he had included this in his original Bill, although it was brought to my attention via Dr. Patrick O'Brien. We have had a debate around whether or not the Government could be constrained. I am not convinced that it is unconstitutional but we have arrived at a decision in regard to that. What this does is clearly quite different. It tries to ensure that there is an incentive for the Government not to ride roughshod over the process, and to ensure that it is not too easy for Government to constantly go outside the process. The process is very clear. If the Government sees a compelling reason for appointing someone to a particular position, a person who was not considered by the judicial appointments commission, it is at liberty to do so but it is absolutely reasonable that it be required to justify that and give a reason in the process that is outlined in the amendment. It is standard enough in legislation and in many processes for a Minister or Government to make a statement. I will press the amendment.

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