Results 2,761-2,780 of 5,760 for speaker:Gerard Craughwell

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: I am sorry it slipped by me there. I would have liked to have spoken on the section but we have agreed it.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: I move amendment No. 87a:In page 29, between lines 8 and 9, to insert the following: "Notifications to Government 42.In every case where the Commission makes a recommendation to the Government in respect of any appointment to judicial office, the Commission shall also notify the Government of the names of all persons who—(a) applied to the Commission in respect of that appointment,...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: The section also states the objective-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: The section states, "the objective that the membership of the judiciary should, to the extent feasible and practicable, reflect the diversity within the population as a whole". It also states, "the objective that, consistent with the written statement most recently provided under section 53(7)to the Procedures Committee concerning the needs of the users of the courts in that regard, the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: -----have the board sit and agree the advertisement for the position, advertise it and carry out the initial application process. We have discussed the application process at length in this Chamber with respect to how people would make it through the first hurdle. We have a situation there. Once applications come in they have to be assessed by somebody. Once that assessment is completed,...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: I will withdraw amendment No. 87a with a view, perhaps, to bringing it back on Report Stage. I thank the Minister for accepting the amendment. If he and I had been here for the past couple of weeks, we might have got through the Bill by now. It is a conciliatory act by the Minister as the Bill goes through the House. It will make the Bill much stronger.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: I move amendment No. 87b:In page 29, between lines 8 and 9, to insert the following:“Provision of information to applicants 42. In every case where the Commission makes any recommendation to the Government in accordance with the provisions of this chapter, the Commission shall inform each of the persons applying to the Commission in respect of the judicial appointment in question...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: On amendment No. 88, subsection (3) currently states:If the Commission cannot, in accordance with this Act, recommend to the Minister any names of persons to fill a judicial vacancy, it shall invite, through means of advertisement, the making of applications by persons to be considered for selection, that is for their being selected to be the subject of a recommendation for appointment to...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: I thank the Minister for his response. I am minded to support his amendment. I wish to clarify the situation. Let us suppose a vacancy arises, such as for an ordinary member of the Supreme Court, and the Minister informs the chairman of the commission that we need to establish a board to fill the vacancy. If I am correct the Minister is saying that the responsibility of the Minister for...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: How does the Minister mean it will not happen?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: Can the commission do it?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: Will it have within its authority or within the scope of the legislation the right to consider these matters?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: So the decision of the commission will be based strictly on the academic and experiential qualifications of the applicants and not necessarily their views on societal issues. For example, it could not say that it must get someone with criminal justice knowledge because it does not have such a person. It could not say it needs someone with knowledge of corporate or company law. Senator...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: So the vacancy could specify such things as the legal expertise required.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: In that case, I am minded to support amendment No. 88.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: I thank the Minister, who has been more than facilitating in accepting amendments and bringing forward his own amendment which brings the Bill back to what was originally drafted. I thank the Minister for that. This is part of what has been going on here to try to make this a better Bill. I see a willingness on the part of the Minister to make this a Bill which will work. From that point...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: Government amendment No. 89 would mean that in the event of the commission being unable to recommend three names for appointment, but was able to recommend a lesser number or no persons as well as the name being provided to the Minister, it will also provide applicants' education, professional qualification, experience, character records and results of an interview or tests held or conducted...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: I understand that.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: I understand that-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (20 Feb 2019)

Gerard Craughwell: This might address the Minister's thinking. I refer to a situation where the Attorney General is sitting on this commission. The commission has advertised a position which it was not possible to fill in the first round. There would then be a second round. That second round could bring the position into public debate. The media would then have a field day regarding the commission being...