Oireachtas Joint and Select Committees

Tuesday, 15 June 2021

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Judicial Appointments Commission Bill 2020: Discussion (Resumed)

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

I thank the witnesses for their contributions. I first want to question the role of the Attorney General in all this. We are mainly trying to get to a situation whereby the Government of the day will, at least, have less influence in setting forward which people would potentially be selected to go on to the Judiciary. However, the Attorney General would very much be the Government of the day's person on the board. That, to me, reflects a problem. If we think about it, that means the Attorney General will be there from the very beginning of the process right through to being at the Cabinet meeting at the very end of the process. How appropriate is that in the context of trying to bring forward something that is supposed to change the old bad habits of the past? That is one issue we need to try to deal with. I would like to hear the views of both contributors on that issue, particularly the specific role of the Attorney General in all this.

Those who are selected by the Judicial Appointments Advisory Board at present are very much taken from a wide base of people, which is quite appropriate. I refer to the procedures it uses to select people to be considered as members of the Judiciary. I am not sure if we need to have a more succinct and direct set of procedures in place to ensure that is done in a fair and transparent way. That is really what the public is seeking.

With regard to promotions whereby people will be moving from lower courts to higher courts, etc., how can that measure of merit be put in place? Again, people would like to understand that is transparent and clear. I am not sure that is the case in the piece of legislation coming forward. I will leave it at that for the moment.

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