John McGuinness (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

I was here last night for the debate. I do not want to go through all the detail of it but I have to say it was utter confusion. Arising from that confusion, I will not say there is no clarity but that there is no great clarity on the process from here on. Looking at the very serious content and intent of this Bill, I believe it would be worthwhile giving consideration to withdrawing it and reintroducing it when fully thought out and when it deals with the issues that have arisen in the context of the debate on it up to now.

Part of the purpose of the Bill is to reform the way judges are appointed but there is no other offer of reform in the Bill. Legislation is more often questioned and challenged outside this House now and in that challenge, commentators reflect on the course of the debate in the House. This is a Bill that should not have any question mark over its passage. There should be no question mark whatsoever allowing legal eagles outside the House to pick holes in the Bill's content and in how it was dealt with and passed in here. It would serve us far better as legislators to concentrate on the complete withdrawal of this Bill and its reintroduction to the House when it is appropriately dealt with.

It reminds me of the case I mentioned last night and the outfall of it in terms of the imprisonment of a woman, Yvonne Walsh, in Mountjoy Prison. She cannot purge her contempt of court because she is not the person to do it. Grant Thornton continues to pursue her. She is 21 days in jail. Her two 15 year old children are doing the junior certificate. She is a lady who wants to comply with the courts. What has been set out for judges, and what has been set out in that case, is an example of very poor administration of justice. I was with her for an hour and a half, and I have to say this debate now is similar to the one she is encountering. The onus is on us to get it right. I appeal to the Minister to have some sense in regard to this, disregard the agenda of the Minister, Deputy Ross, focus on the intent of the Bill, be far more reforming in terms of its content and come back into the House and allow us have a proper debate on it. We should reach that decision quickly rather than go around in circles on it.

See this speech in context