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)
Pa Daly (Kerry, Sinn Fein) | Oireachtas source
I thank our guests. Much of what I was going to say has already been covered. I agree with Deputy Martin Kenny that if the independence of the commission is so important for the Government, I find it hard to see how that sits with the inclusion of the Attorney General, who is a member of the Cabinet and has been appointed by the Government of the day, in the decision-making process.
Mr. Herrick stated in his report that the knowledge requirements are inadequate. I am glad to hear Senator Ward has experienced great judges over the years but, while most of the judges with whom I have dealt over the years were well trained, a few have been inappropriate or inadequately trained. Should a practitioner have spent a year or two in criminal law before he or she starts to run trials? Should a practitioner have similar experience in family law before he or she starts to hear family law cases? I accept the point about ongoing training but just because someone has been a qualified solicitor or barrister for ten years does not necessarily mean that he or she has any idea what is going on in, for example, the criminal courts. Does Mr. Herrick have any views on what specific training should be required? One would not go into the commercial court without a knowledge of commercial law. I heard what Mr. Condon said about a background in business and commerce but we should be exploring the possibility of appointing someone with a background in consumer protection, the Private Residential Tenancies Board, the equality commission, or a former prison governor who would have a great understanding of the people who are regularly attending before, for example, the District Court and the Circuit Court.
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