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An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: In response to Deputy Kelly, I do not want to be embroiling myself in selection processes or appointments, quite frankly.

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: I am quite happy that the JAAB would recommend someone as suitable. That is good enough for me.

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: That is why the judicial appointments commission needs to be established.

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: The Deputy tries to lecture everybody on the separation of powers, but he thinks it is fitting for me to seek correspondence from the Chief Justice-----

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: -----before any impeachment process happens.

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: That is wrong.

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: The Deputy is wrong. It would represent a fundamental breach of the separation of powers.

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: Yes, it would. The only basis for that correspondence to go public is if it was needed for the assembly of evidence in this House, if the House was deciding to follow an impeachment process. That is a matter for the House to decide, if it so wishes. The Government has made its position clear. The Government has a responsibility under the Constitution, and that is why I made my statement...

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: I have said that the Government fully complied with its duties and responsibilities under the law and the Constitution in appointing Mr. Justice Woulfe to the Supreme Court. He was recommended as a suitable candidate by the Judicial Appointments Advisory Board, and that is it. Where judges have been appointed previously by the Government, one name went to the Cabinet. That is the position.

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: Is this a question and answer session on the same point? I will answer the question, and the Deputy knows the answer. I and the Leader of the Green Party, Deputy Eamon Ryan, prior to the formation of the Government, were told that Mr. Justice Woulfe-----

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: Sorry, would you stop wagging your finger and just behave yourself a bit?

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: The bottom line is very simple and very straightforward. We were simply told that Mr. Justice Woulfe would come through the Judicial Appointments Advisory Board. That is it. As far as I am concerned, he came through the board and was recommended as being suitable for the position. He was an outgoing Attorney General and, in my view, was qualified for the position. In the aftermath of the...

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: I dealt with this issue in the debate on the Order of Business for today. As I pointed out, there is a clear process for the appointment of a judge by the Government as set out in the Constitution and in law. That process has been fully complied with in this case. As I also pointed out, the Judicial Appointments Advisory Board is chaired by the Chief Justice and its membership includes the...

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: Only one name is brought to the Cabinet by the proposing Minister. There is an issue. I have never before seen a situation where a Minister for Justice was brought into the House to account for the appointment process and why one judge was picked rather than another judge.

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: I have not seen that happen before. That would represent, by any objective yardstick, a breach of the separation of powers.

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: It is not rubbish. It is the function of Government to appoint-----

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: I accept the point made by Deputy Catherine Murphy that a judicial appointments commission should be progressed, and it will be progressed. However, the difference from the Judicial Appointments Commission Bill brought forward in the previous Dáil is that the Government thinks the proper approach to adopt is for the Chief Justice to chair the commission in terms of the appointment of...

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: That has been the position since time began in terms of how judges are appointed.

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: It is a different issue.

An tOrd Gnó - Order of Business (17 Nov 2020)

Micheál Martin: There is a clear process for the appointment of a judge by the Government set out in the Constitution and in law. The process has been fully complied with in this case. Only one name-----

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