Dáil debates

Thursday, 4 July 2019

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages

 

1:35 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I have no principled objection to the idea that the committee would have the power to conduct public consultations on the guidelines. I addressed this matter in reply to Deputy Sherlock in particular on section 18 and that reply holds in respect of amendment No. 5. What is proposed in the amendment is already contemplated in section 18. The provision which the Deputy seeks to amend clearly states that the committee is empowered to consult such persons as it considers appropriate. This would allow for a targeted consultation and a public consultation which is more general in nature. In addition, the committee may organise conferences, seminars and meetings relevant to its functions. There is no disagreement as to the thrust of the amendment, but it is not necessary for its objective to be attained. I heard what the Deputy had to say. The amendment would not add significantly to the Bill. I assure the Deputy that section 18 will apply and will meet the objective behind the amendment.

On amendments Nos. 6 and 7, as the text currently stands, the promotion of the welfare of the victims of crime is one of the desired criteria to which the Public Appointments Service must have regard in making a recommendation as to lay membership. This provision mirrors identical provisions in the Sentencing Council Bill 2017 and the Judicial Sentencing Commission Bill 2013 brought forward by Sinn Féin and Fianna Fáil, respectively. The Public Appointments Service is not responsible for the appointment of lay members to the committee. Rather, it is only responsible for making recommendations to the Government, which will have ultimate responsibility for such appointments. I assure the Deputy that the Government will have regard to the need to ensure that the promotion of the welfare of the victims of crime is a key element in the selection of lay members to sit on the committee. I am not inclined to agree with the amendment, but I acknowledge the points raised and contend that these issues are adequately catered for elsewhere in the Bill.

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