Dáil debates

Thursday, 17 May 2018

Judicial Appointments Commission Bill 2017: Report Stage

 

3:15 pm

Photo of Shane RossShane Ross (Dublin Rathdown, Independent) | Oireachtas source

It is important that I comment on the lay majority and what Deputy O'Callaghan had to say about not attacking the Judicial Appointments Advisory Board, JAAB. We are all united on one issue, namely, that the prime objective of the Bill is to remove the rotten practice of politicians appointing friends, cronies and political loyalists to the Bench. The Deputy is correct in stating the Bill he produced also included this objective. One of the problems with the JAAB was that there were three lay people on it, which was often cited as justification for its independence and impartiality, but the three lay people were always nominated by the Government or the Minister of the day. I do not propose to name anybody. If memory serves me correctly - I think it does - of the three appointees to the last board under Fianna Fáil, one was a former candidate for Fianna Fáil in the European Parliament elections, while another was a gentleman who had been director of elections for Fianna Fáil in Dún Laoghaire-Rathdown. That puts into perspective the respect with which Fianna Fáil treated the particular body. This practise had to end. The Bill may be imperfect, but it will end that practise.

We can go on debating until the cows come home who is going to be on the commission of selection, but following enactment of the Bill what we will have which Deputy O'Callaghan from the Law Library cannot stomach is a lay majority. Having a lay majority is imperative because we do not want to see political patronage and insiders replaced solely by judges and legal insiders. It is all very well to say we need to end political patronage and be united in that regard, but to say we have to have a judicial majority - we know that the judges do not want lay people to be on the board-----

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