Dáil debates

Wednesday, 21 June 2017

Appointment to the Judiciary Nomination Procedure: Statements

 

9:55 pm

Photo of Michael HartyMichael Harty (Clare, Independent) | Oireachtas source

I am sharing time with Deputies Michael Collins and Mattie McGrath. The appointment of the former Attorney General, Máire Whelan, to the Court of Appeal has raised eyebrows, especially in my mind, due to the manner of the appointment. I have no doubt about her qualifications and I am sure she will fill her role with distinction. However, the manner and process of her appointment seem to have been premeditated and irregular. I understand her nomination was lawful in the letter of the law but it was not within the sentiment of the law. At best, it was ham-fisted and, at worst, sharp practice but within the law. We all know how matters are rubber-stamped when they are presented without prior notice, rushed and unexpected, particularly in what would have been a Cabinet meeting which was busy and high-spirited. Mature reflection, I feel, will highlight and has highlighted the deficiencies of the process of this nomination and approval. I feel the Government has been embarrassed by this flawed process which has tarnished the new Cabinet's first week in office. The Government has been forced to have this debate due to the uncertain explanation of the process which was of its making and which was the responsibility of the previous Taoiseach and the Minister for Justice and Equality. The nomination did not happen by chance or as a matter of normal routine. It was done with deliberate intent and for some political reason. Therefore, it is essential that transparent and accountable procedures are put in place for all judicial appointments from the highest to the lowest courts in the land to ensure such a controversy does not occur again.

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