Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I want to acknowledge Deputy Clare Daly's point on the Judicial Council Bill. She is correct and I agree with her. Unfortunately, progress with the package of amendments to which she referred has been slower than I would have wished. However, it is my intention to bring an appropriate number of amendments to the legislation aimed, for instance, at approving the transparency in the complaints process including in dealing with sentencing, which I had indicated at Second Stage when I introduced that legislation. I hope to have that before the summer recess.

I agree with Deputy Barrett when he states that the appointment of members of the judiciary is a most important task. I thank him for his contribution. Despite this reforming legislation, it is important to note that at all times the ultimate decision, in accordance with our Constitution, on the appointment of members of the Judiciary, will be made by Government. That does not change here. It is essential that we acknowledge that this decision for the appointments, which is serious and important, will be made by Government. It is merely the architecture around the recommendations that will be under this committee and the Government will ultimately make the decision. That will be unchanged.

I will make a brief point about the Attorney General as it has been the issue of most debate. I acknowledge the contributions of Deputies O'Callaghan, Sherlock, Ó Laoghaire and others on this. The knowledge and attributes that the Attorney General will bring across a range of legal and judicial matters are really important in the context of anyone coming forward for judicial appointment. The Attorney General represents the State in so many legal proceedings. He or she is the representative of the public in all legal proceedings for the enforcement of the law and the assertion or protection of public rights. The day-to-day interaction with the law in the courts at the highest level of legal interaction and legal proceedings provides the Attorney General with a unique perspective of the work of practitioners as well as the deliberations of the courts. I have not been convinced by the points of argument which I have heard about the removal of the Attorney General who plays a really important role.

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