Danny Healy-Rae (Kerry, Independent) | Oireachtas source

Yes, but this is about changing the system we have and purporting that what is being brought forward is better than it. The person appointed is supposed to have knowledge or experience of the operation of the courts. Who could have more knowledge than a judge or solicitor?

Section 12 refers to the provision of supports to persons who are victims of crime or to users of the services provided by the courts. Again, who could know more about this than the judges, solicitors or barristers?

Section 12 refers to "processes and procedures for making appointments to public office or to senior positions in public or private sector organisations". Who is going to decide who these people are? For over 100 years we had a system that served the country well. Why is it that we are changing it now because of the wishes of one man who wrote so much in the newspapers and whose idea it was that Governments and Ministers should not appoint judges anymore? Is it because of that? Is that why we are going to wreck the perfect justice system we have had for 100 years and throw it out the window? Is it just to satisfy one man and ensure his support for the Government? Surely nothing could be more ridiculous.

Section 12(4) states the Public Appointments Service shall ensure that a lay person is recommended under subsection (2) for appointment as chairperson only if it is satisfied that the person is a fit and proper person to be so appointed and is suitable for appointment by reason of the person possessing such experience, qualifications, training or expertise as is appropriate having regard to the functions of the commission. Why are we doing this? Why is the Government allowing this to happen when it knows this is the most ridiculous Bill that has ever come before the House, in my time anyway? Members who are here longer than I am will say the very same thing.

The Public Appointments Service is advised that the general scheme of the Bill contained a provision to the effect that, in appointing lay members to the commission, the Minister must have regard to the objective of having gender balance. That is fine but I believe knowledge and experience should come before deciding whether the person should be a man or woman. I have no objection to women but surely it should come down to experience, not just gender balance. It is absolutely ridiculous.

The Minister for Justice and Equality, Deputy Flanagan, has just been replaced in the Chamber by the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, who is also part of the Government. They are succumbing to the Minister for Transport, Tourism and Sport, Deputy Shane Ross, to ensure his support for the Government. It does not matter whether it is a good or bad Bill but, since it is the Bill of the latter Minister, the Government must support it. What is going on is ridiculous. I appeal to the Government to address this. In light of what happened last night, we do not know whether the commission will have 13 members or 17. We are talking in a vacuum.

However, that is costing the taxpayers and I ask the Minister to do the proper thing and withdraw the Bill sooner rather than later because it will finish up in the courts. If the Bill ever becomes law, it will not happen for years when there will be a different Administration in this Chamber.

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