Results 7,301-7,320 of 21,096 for speaker:Charles Flanagan

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I am not going into any detail on numbers and the nature of applications or from whom the applications were tendered. The Deputy will be aware that the Government is fully entitled to nominate a person of the Government's choosing, strictly in accordance with the terms and conditions of the Constitution.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: As I stated, this is provided that any applicant or interested party is eligible and expertly qualified.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: The Deputy may ask the same question in a number of ways or on a number of occasions but I am not in a position to depart from the current strictures in respect of Cabinet confidentiality that will not allow me deal in any detailed way, or to the Deputy's satisfaction, with issues about which he is asking. I can point out the provisions of the 1995 Act, with particular reference to the role...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: The judicial appointments board met in response to the invitation of the then Minister for Justice and Equality, who wrote to it on 12 April. The board met within four weeks, on 10 May, to consider applications for nomination as a judge in the various courts, including the Court of Appeal. On 16 May, the board responded in writing to the Tánaiste and Minister for Justice and Equality,...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I will make two points in response. I reiterate that I was appointed Minister for Justice and Equality on 14 June and I did not have any knowledge of that. Even if I did, I refer the Deputy to section 20 of the 1995 Act, which states quite clearly that all proceedings of the Judicial Appointments Advisory Board and all communications are deemed confidential.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: As an experienced politician, I am quite satisfied all proper procedures were followed fully in accordance with the law.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I point the Deputy to the Constitution and the powers of Government to appoint judges. The Deputy will be aware of the provisions of the Act in so far as nominations for judicial office may be considered. I look forward to the co-operation of this committee and Members of the House in enacting the legislation. I remind Deputies of Article 39 of Bunreacht na hÉireann in respect of the...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: The time-honoured practice for persons holding the office of Attorney General goes back to 1953 and the appointment to the Supreme Court of the late Cearbhal Ó Dálaigh.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: The time-honoured practice was not departed from.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: It concerns the Constitution. The practice goes back several decades.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I would not wish to give any Member of the House a history lesson but going back over several decades, referenced in academic sources, the practice has been that the Minister for Justice, in consultation with the Taoiseach, brings a name to Cabinet for nomination. It has always been the case that the personal privacy of applicants, for obvious professional reasons as well as, dare I say,...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: Additional to what?

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: The Deputy said I had made reference to additional expressions of interest. I am not sure what he means by that.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: Sorry?

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: Expressions of interest, in the shape of numbers, identities or their nature, have never been published.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I am not going to depart from the current legal position on that. As I said to Deputy O'Callaghan and in response to questions in the House, the Government reserves the power to, and is entitled to, nominate a person of its choosing provided two conditions are fulfilled, namely, that the person is eligible and that he or she is qualified. That has been the position and it is the position in...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I am sure the Deputy will be aware of section 18.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: They would have to be a suitable candidate, be eligible and exhibit certain expertise. In the case of the appointment recently made by Government, these were evinced in a totally appropriate way. If an eligible person does not apply to the board there is still nothing, constitutionally or otherwise, to prevent or interfere with Government nominating that person as long as the person is...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: The Government acted entirely within the law and the powers, functions, obligations and duties that are applicable in these circumstances.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I am not getting into hypothetical situations as to what might happen if an Attorney General is in any form of opposition. The board may or may not make certain recommendations. In this case the formal letter from the appointments board, dated 16 May to my predecessor, noted that the board had decided not to make any recommendation for the vacancy in the Court of Appeal.