Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source

The fact the Government has allowed one Independent member of the Cabinet to railroad his agenda when there has been poor legislative progress over recent months shows contempt for this Parliament and what we know as new politics. There is also the duplicity of the Minister for Justice and Equality texting his backbenchers to undermine this Bill in the Chamber while he claims to support it. This is a Bill which has the support of one member of the Government, Sinn Féin and Fine Gael to keep itself in power for as long as possible. The Minister needs to examine those supporting this Bill. Sinn Féin is an expert in constitutional crisis and not a responsible party like Fianna Fáil.

We have significant problems with this Bill, as has been outlined by my colleagues. Putting a lay majority and a lay chairperson on the commission is populist, appeasing those who are significantly disillusioned with politics and with Parliament. It does not do the right thing for selecting judges, however. If the Chief Justice was appointed chairperson of the new judicial appointments commission, he or she would have the knowledge and experience to provide oversight and the necessary competence. To install a lay person as chairperson, whose competencies we are not sure about, undermines the commission.

The fact the Government has tried to schedule Committee Stage before the passing of Second Stage also undermines the Oireachtas. Today, the Select Committee on Justice and Equality decided not to allow the Government, the Minister for Justice and Equality, and the Minister for Transport, Tourism and Sport, Deputy Shane Ross, railroad this Bill and will not be scheduling Committee Stage next week. For such a significant process to be undertaken in such a short time is an attempt to guillotine the legislative process. Even those who have tacit support for the Bill recognise it requires further scrutiny, debate and oversight. While it might give Fine Gael a headache in advance of the summer recess, it should spend the recess examining the Bill and how it undermines the process of judicial appointments.

The Judiciary, too, has commented on and intervened in a public way on this legislation. While some commentators have said it is an attempt to intervene and interrupt the separation of powers as set down in the Constitution, I have respect and high regard for all senior members of the Judiciary. The fact they have acted in such a public way to give a real warning to the Government shows there are considerable problems with this legislation. It also undermines the framework that should be set out into the future. The fact the Judiciary has intervened shows we must have further debate and oversight of this Bill.

If this were a selection process for a hospital consultant or junior doctor, one would not have a majority of people with no knowledge or experience in that area deciding on and chairing the process. Deputy O’Callaghan’s judicial appointments Bill ensured there was a spread of lay people from civil society and important groups. However, this Bill throws that away. We do not even know what the lay members’ agenda might be. It is all very good saying in the abstract that a lay person will chair a process to select judges. Who is this lay person? What is their background or political or personal experience? We know the Judiciary attempts to uphold the law, the Constitution and select the best people for the various levels of courts. Who is this lay chairperson? It is an agenda of the Minister, Deputy Ross, which has lasted several years and which is more about undermining politics than reforming the judicial appointments system.

It is about trying to undermine political parties, which try to uphold sensible, constructive and responsible legislation, and trying to construct this demigod or demigoddess. Who will select the laypersons? What will be their backgrounds?

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