Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I understand perfectly where the Deputy is coming from and we have agonised over it. Even if the job is filled as a result of public advertisement and open competition, perception is reality in politics. Once it is considered to be a decision ultimately made by the Minister, even if drawn from a list into which the Minister had no input, it will be perceived as a political appointment. The service is very clearly embedded in law. The person who heads the service will be essential and important. His or her attitude will be determined not just by the legislation but by the guiding principles behind the legislation. The director should be not too formal yet very conscious of the legal framework behind the office. We have discussed the issue in great detail and our recommendation is that it be within the Courts Service. Therefore, I cannot accept the amendment.

Having spoken to people who are experts in this area, I am not certain we want to establish a whole new apparatus around the service. We want to get away from the paternalistic attitude we had and still have. We are at the discussion stage on the legislation and as of now it will be in the Courts Service. It is essential we get the right person as director and that he or she has the right to assemble his or her own staff. The staff’s attitude and the guiding principles behind the legislation will be fundamentally important as to how it is administered. While the legislation will not change, the administration of it will be key.

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