Oireachtas Joint and Select Committees

Tuesday, 18 May 2021

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Judicial Appointments Commission Bill 2020: Discussion

Photo of Jennifer Carroll MacNeillJennifer Carroll MacNeill (Dún Laoghaire, Fine Gael) | Oireachtas source

I thank Dr. Cahillane. The 2014 submission never reflected their own role in having deviated from the legislative process and substantially increased the political discretion, so I will set that one aside. Reducing the number of names and ranking them necessarily reduces political discretion. We need is more qualitative information coming from the JAAB or the JAC. That is absolutely true. The processes by which that is garnered are important.

What Senator Ruane is saying about diversity is so important. Ms Keane has identified a couple of things in terms of removing restrictions. We have seen concern about it becoming too judicial at every stage. I dare say the role of politics has an influence on diversity. In terms of the procedures committee, it goes back to what Senator Ruane says about being available to go to dinners, conferences or whatever it happens to be. It is the being known phenomenon, that is, "Do you know Jennifer? Yes, I know Jennifer, she is grand." It is a phenomenon of self-replicating networks which contribute to being visible and known to decision makers and which not offset by the procedures of the JAAB or the JAC. How does one deal with that? How does that prejudice somebody practising in County Kerry over County Dublin, for example?

I am conscious Dr. O'Brien has not had an opportunity to contribute.

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