Dáil debates

Wednesday, 28 June 2017

Judicial Appointments Commission Bill 2017: Second Stage (Resumed)

 

11:25 am

Photo of Margaret Murphy O'MahonyMargaret Murphy O'Mahony (Cork South West, Fianna Fail) | Oireachtas source

As a first-time Deputy, I had great hopes for this so-called new politics. I am disappointed, however, that one Minister can hold the Government over a barrel in return for his support. I am also disappointed in what he has made a priority when there is much more going on. If I were in his position, there are many other matters about which I would hold the Government over a barrel.

It has to be agreed that the separation of powers is of paramount importance and provision is made for this in the Constitution. However, there is no doubt that reform of judicial appointments is necessary and Fianna Fáil is obviously in agreement with this. In fact, it was highlighted by Fianna Fáil with the introduction of our Judicial Appointments Commission Bill in October 2016.

As stated previously by my colleagues, the Fianna Fáil proposal provided that 12 appointed members, comprising five judicial members and seven non-judicial members, would make three recommendations to the Government, ranked in order of merit. Given the experience of such members, they are obviously best placed to make these recommendations. A majority of lay persons would provide little or no assistance to the Minister for Justice and Equality, or the Government, and could not possibly inspire confidence. Any recommendations made do not have to be accepted by the Government. In that regard, Fianna Fáil believes that greater authority should be provided to the commission to ensure there is no doubt that the nominees presented are understood to be the best persons for the position based on their suitability for the job.

By contrast, the Government’s approach to this matter beggars belief. Its blatant disregard of the Judiciary is nothing short of disgraceful and would not be tolerated in any other profession. It is an unashamed and unexplained put-down of the Judiciary. For what? Is it to simply appease one member of the Government? What amazes me is the big push this Bill is getting, particularly when more pressing matters need to be dealt with. What about the health crisis, housing shortages, cyber attacks across the world and yet a further attack on rural Ireland with the loss of counter services in approximately 100 Bank of Ireland branches nationally, including this week in the Cork South-West constituency in the Dunmanway branch? These are the matters directly affecting the people now. How is it that the Government is in a position to rush this Bill through the Dáil when more urgent matters, as pointed out by me previously, are left on the long finger?

What is even more alarming, but not surprising, is the fact that Sinn Féin is in favour of this Bill. When has Sinn Féin ever been in favour of accommodating judicial appointments in any respect? Maybe it is a sign of a future coalition between Fine Gael and Sinn Féin. Will the Minister reconsider this Bill’s contents to ensure the best placed people are recommended to the Government by the people best placed to recommend them?

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