Dáil debates

Thursday, 17 May 2018

Judicial Appointments Commission Bill 2017: Report Stage

 

3:15 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I will speak to the amendments. I have tabled 69 amendments to the Bill, the vast majority of which seek to return the Bill to its original state, as initiated, because of difficulties we encountered when reflecting on the amendments made on Committee Stage. Some of the amendments made were inconsistent with Government policy, while others were unworkable from a practical point of view, which I believe is accepted. Some were unacceptable from a legal perspective and also a constitutional standpoint. I have proposed a number of key ministerial amendments, some of which we are debating, on which I hope to receive the support of the majority in the House, acknowledging that due to the configuration of the Parliament the Government is in a minority. I appeal to Members to ensure that, ultimately, we will have legislation that is consistent with the Constitution, legally robust and responds to the need for reform of the appointments system in accordance with a number of items of legislation, not all of which came from this side of the House, introduced in the past few years in response to the need to modernise a vital component of the democratic system.

It is important that we reverse the decision to remove the two court Presidents from the new process. I think there is agreement across the House that there is a role for the President of the Circuit Court and the President of the District Court, with the Presidents of the other courts, in the process. The removal of the Attorney General was a mistake. It is important that in the next few days in debate we acknowledge the role and functions of the Attorney General and provide a role for him or her in the process. Other aspects that were clearly unconstitutional are also being addressed, for example, the imposition of an explanation requirement on the Government subsequent to making some appointments. I look forward to the amendments being considered carefully.

I acknowledge the work done by the committee. It did a lot of work, as acknowledged by the Government, including the Minister, Deputy Ross. It is important that we do not lose sight of this.

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