Dáil debates
Wednesday, 25 April 2018
Questions on Promised Legislation
12:50 pm
Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source
Is the Taoiseach considering amending the Cabinet handbook in respect of the issue of judicial appointments? While legislation is going through the Dáil process at present, one reads in the newspapers today of a further row, in which the Minister for Justice and Equality is saying he has the authority to propose the appointment of judges and that there can be no veto on appointments. How does that marry with Article 28.2 of the Constitution, which states that the Government has to work with collective authority, as well as collective responsibility? As a former member of Cabinet, it is my understanding that there is an effective veto. If one is a member of Cabinet one has the power to say "No". Is there a change in the rules, the legislation or the interpretation of the Constitution in respect of the necessity for collective responsibility, authority or agreement on judicial appointments? The current system, in my understanding of the law, means that any Cabinet Minister has the ability to say "No" and to stop an appointment. Has that changed? Will the Taoiseach, the Minister for Justice and Equality, or both outline the rules under this Government?
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