Dáil debates

Tuesday, 22 May 2018

Judicial Appointments Commission Bill 2017: Report Stage (Resumed)

 

8:15 pm

Photo of Seán SherlockSeán Sherlock (Cork East, Labour) | Oireachtas source

Deputy Barrett spoke to the heart and soul of Fine Gael in regard to this matter tonight. Notwithstanding the ideological differences between all of us in this House, when somebody of Deputy Barrett's experience stands up and questions authoritatively the manner in which the legislation is proceeding and speaks so passionately about the confidence in the Judiciary of the Irish people, it has to be taken very seriously in this House. While we are all distracted by the referendum campaign taking place outside these walls, we have to be mindful of what this legislation ultimately seeks to do. It is seriously flawed as it is constructed, and that is why we have to employ common sense regarding the number of persons to be appointed to the commission. Common sense ordains that 11 members is a reasonable number. If there is a practising barrister, a practising solicitor, a chairman elected by the commission, and the other constituent members proposed by Fianna Fáil, one has a solution that seeks to mediate between opposing positions. It strikes a balance in which everyone would have confidence. When did we arrive at a situation where this House would be held hostage by the whims and vagaries of the personality of one Minister who is seeking to drive a coach and four through the Judiciary and official Ireland? The net effect of what is being created is arguably that more power is being given to the Civil Service through the Public Appointments Service, which leaves us in a very bad space in respect of this legislation. It sets a very bad precedent.

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