Dáil debates

Wednesday, 23 May 2018

Judicial Appointments Commission Bill 2017: Report Stage (Resumed)

 

5:20 pm

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

We, as much as our colleagues on the justice committee, have given this massive, careful and due consideration and I agree with the points made by Deputy Wallace that it has to be withdrawn. What was put out there, with absolute fanfare, as the supposedly greatest radical reform in appointments to the Judiciary in the history of the State has turned out to be an absolute and utter debacle in terms of what went on here last night. It actually copper-fastens political influence in the process and makes for more political interference than existed previously. While the Minister said that what we are doing here is legally sound and workable, I do not think he can say that because we are buying a pig in a poke.

In fact, such was the mess last night, we do not know what we are buying here. We know that side deals are being done and people are being brought on side with various commitments but that makes a nonsense of what is one of our most important areas of work, because the role of the Judiciary is absolutely critical.

While I do not think the amendments were perfect, nor do I think they were dreadful but the scenario we have got ourselves into is worse now. It would be best all round to withdraw the Bill because people have been contradicting themselves. Last night, Fianna Fáil, the Green Party and the Labour Party voted to reduce the numbers and then voted to put three extra people on. It is absolute lunacy. Sinn Féin Members were doing side deals. They said on the record that they would vote for the position outlined in Deputy Wallace's amendment, in which the presidents of the District and Circuit Courts would be put back in, but that they did not want the Attorney General in and wanted a lay majority. Although this was provided for in Deputy Wallace's amendment, they did not support it because they had done a deal with the Government, presumably on sentencing, which will not be really enforceable anyway.

The Minister says this was not rushed and that we are not being hasty with amendments being brought back here. This time last year, the Minister's predecessor sat down with the heads of the Department of Justice and Equality and committed that the number one item of priority legislation was on mandatory inquests in respect of maternal deaths, in the form of the proposed coroners (amendment) Bill. We discussed the timescale and the possibilities for its enactment by last summer, not this summer. I raised it with the Minister and raised it with the Taoiseach in February, who told me it would be published that month. The Minister told me in March it would be published later that month but there has been nothing. Where is the rush there? This is a nonsense, particularly when one sees the Judicial Council Bill languishing in the Seanad. That is an opportunity for real reform but we get this nonsense. It is a disgrace.

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