Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledge the importance of the debate and, indeed, the length of the debate over five sessions. I thank members for their contributions. We have had a very in-depth discussion over a number of meetings, and it is clear that members have highlighted differing views on a number of important aspects of the Bill. The committee has amended certain components, sections and parts of the Bill in a significant way.

Arising from our deliberations, and I am sure this will come as no surprise to the Chairman, we still have much work to do on a number of elements of the Bill in the context of looking at approaches, acknowledging amendments we have made and taking stock as to how best we might approach matters prior to and on Report Stage. During the course of the debate, I made a number of commitments that I would, on behalf of the Government, come back with some amendments, which I will do. Of course, I am very keen to give adequate notice, in the circumstances of the Bill, unlike in the normal course of events, having been altered quite significantly.

Given the fact that what may likely transpire to be an additional complement of membership on the board of the commission, we need to do some more work on the matter of the specifications for membership, in light of the changes which have been approved by the committee and on how the lay members of the commission are recruited. I acknowledge on my part and that of my officials, that further consideration must be given to the reformulation of aspects of the Bill to determine the best approach. On whether, on the matter of recruitment, it will be entirely a matter for the Public Appointments Service or whether we can have a nomination arrangement to the satisfaction of the Deputies as debated, I need to see how that might be designed to meet the disposition and clear wishes of the committee. I must consider whether we have a mix of people, some chosen by the Public Appointments Service and some nominated to the commission by specified nominating bodies. Against the background in which the committee structure has been removed, I want to examine the balance between having a manageable number of persons on the commission and ensuring there is an appropriate contribution of all court presidents, having regard to the various strands of appointment.

I invite members of the committee to agree with me on the following point.

Our objective must be to have a structure with a balance between having a commission that is not so large as to be unworkable or unwieldy while holding fast to the initial design of the Bill. Specifically, the central principles of the Bill are a lay majority on the commission and an independent chairperson. Those must be reconciled with the importance of ensuring that we have the appropriate inputs of all court precedents, including the presence of the District Court and of the Circuit Court. That is not quite clear now under the Bill as has passed Committee Stage. I want to give the Chairman notice of my intention to table an amendment to address a technical issue concerning advances of funds to the commission. I am sure that will be welcome. Likewise, depending on what the Parliamentary Counsel has to say, we may need to look at tabling further drafting amendments consequential to those that have already been made, particularly in Part 4 regarding the removal of relevant committees as was originally intended, to ensure that there is no unintended impact on other aspects of the Bill. Even looking at the Long Title, although we have agreed it, we all consequently agreed that it would not be the final word on that.

In light of the fact that we have made a large number of amendments, I am mindful of the need to proof where we are going to ensure that the contents are legally and constitutionally acceptable and that the drafting is fully in order. There will not be an imminent or sudden tabling of Report Stage amendments. I have acknowledged that some work needs to be done and that will take some time. I would be happy to keep the Chairman fully informed of developments. If any members of the committee wish to engage with me or my officials bilaterally, I would not only be open to that but would be keen to engage in such a discussion but we will have to take our time. Ultimately, the Bill can only benefit from the opportunity that it now presents, which is a form of breathing space between now and Report Stage. I also thank the Chairman for the efficient way in which he managed to steer us through almost 200 amendments.