Results 9,361-9,380 of 21,096 for speaker:Charles Flanagan

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I will make two points by way of reply. For the benefit of Deputies Clare Daly and Mick Wallace, the role of the Minister will be to call the group together. Under no circumstances will the Minister sit on the committee, participate in it or be in a position to exercise any influence over it. The Minister will be at arm's length from the deliberations of the committee. The role of the...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I would like to respond to Deputy Ryan. In recent months, we have had a considerable amount of debate in this House and at the committee. This is the first time I have heard a Member of the House actually argue for Ministers to have a greater level of influence. I remind Deputy Eamon Ryan of the current appointments board which was specifically designed to ensure there would not be the type...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 85:In page 29, to delete lines 20 to 23 and substitute the following: “Particulars to be provided by Commission 41. (1) The Commission shall, in respect of each person whose name it has recommended to the Minister under section 38 or 39, provide to the Minister—(a) particulars of the person’s education, professional qualifications, experience and...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 87:In page 29, to delete lines 26 to 40, and in page 30, to delete lines 1 to 42 and substitute the following: “Appointment as Chief Justice, President of the Court of Appeal, and President of the High Court 42. (1) Where— (a) the judicial office of Chief Justice, President of the Court of Appeal or President of the High Court stands vacant, or (b) the...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 84:In page 29, to delete lines 10 to 19 and substitute the following:“(3) In any case to which subsection (1)applies, the Commission shall cause its recommendation to the Minister to be accompanied by a statement of the name of each eligible person (other than a person the subject of its recommendation) who had made a relevant application. (4) Subsection (5)...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: Deputy O'Callaghan referred to the Minister for Justice and Equality having observer or commentator status in the current situation, but let me assure him otherwise. I am conscious of my obligations in this regard and intend acting at the earliest opportunity, and will do so, on outstanding appointments. We are all agreed that we should progress this reforming legislation to the Upper...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 76:In page 27, line 14, to delete “publicly”.

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 77:In page 28, line 17, to delete “ranked in the order of the relevant committee’s preference” and substitute “ranked in the order of the Commission’s preference”.

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 78:In page 28, between lines 17 and 18, to insert the following:“(3) Nothing in subsection (2) shall be construed as limiting the advice the Government may give to the President with respect to the appointment by the President, under Article 35 of the Constitution, of a person to be a judge.”.

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 79:In page 28, line 25, to delete “relevant committee has received from the Commission” and substitute “Commission has received”.

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 80:In page 28, line 29, to delete “relevant committee” and substitute “Commission”.

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 81:In page 28, line 31, after “number” where it secondly occurs to insert the following:“ranked in the order of the Commission’s preference (and that expression of preference shall not make any distinction between the several vacancies concerned)”.

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 83:In page 28, between lines 33 and 34, to insert the following:“(4) Nothing in subsection (2) shall be construed as limiting the advice the Government may give to the President with respect to the appointment by the President, under Article 35 of the Constitution, of a person to be a judge.”.

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I certainly do not wish to have any responsibility for legislation that is passed through the House unless it is legally sound and constitutionally proofed. This strikes at the heart of the amendments under discussion. We did not have a constitutional referendum to change the role of Government in the matter of the appointment of judges. That is retained. It was not part of any...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 75:In page 27, between lines 11 and 12, to insert the following: “Extent of application of Chapters 1 and 2 36. Nothing in this Chapter or Chapter 2 shall be construed as being applicable to a judicial office to which section 42 applies.”. Amendment No. 75 introduces a new section. I share the amendment with Deputy Clare Daly. Its purpose is to reinstate...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I acknowledge what Deputy Ó Laoghaire and others have said. I have given the matter consideration. It is one that requires further consideration, but I am not sure that the immediate result of any further reflection might give rise to the amendment being accepted now. I note an important point that Deputy O'Callaghan makes with reference to the possibility of dispensing with the...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 61:In page 17, between lines 3 and 4, to insert the following:"(e) being a member nominated by the Irish Human Rights and Equality Commission, ceases to be a member of the Irish Human Rights and Equality Commission,".

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 65:In page 19, between lines 34 and 35, to insert the following: “Advances to Commission 23. (1) The Minister shall from time to time advance to the Commission out of moneys provided by the Oireachtas such amount or amounts as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine for the purposes of expenditure by the...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 66:In page 20, line 34, to delete "a relevant committee,".

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage (31 May 2018)

Charles Flanagan: I move amendment No. 67:In page 21, line 6, to delete "person;" and substitute "person.".