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

Charles Flanagan: I attended the meeting of Cabinet.

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

Charles Flanagan: I would not have expected to have any previous or prior notification in my capacity as Minister for Foreign Affairs and Trade.

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

Charles Flanagan: No, I would not have expected to have knowledge.

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

Charles Flanagan: I had no knowledge nor would I have expected to have knowledge.

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

Charles Flanagan: I do not have any knowledge nor, indeed, would I have any reason to have knowledge as to the proceedings within JAAB. I would point to what I said earlier, which is that the deliberations of the board are conducted in a way that is very much removed from Government, which, in the circumstances, is perfectly understandable and is prescribed by law under the 1995 Act. As Minister for Foreign...

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

Charles Flanagan: I am not in a position to disclose any detail that might place me in a position of contravening Cabinet confidentiality.

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

Charles Flanagan: I am quite satisfied, as I said in response to the same question from Deputy O'Callaghan, that the former Attorney General behaved appropriately at all times during the process and that Government followed the matter of this judicial appointment in accordance with the law.

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

Charles Flanagan: The letter indicated that they decided not to make any recommendation. Reasons for such recommendation or going behind anything that might disclose the process leading to a decision are not issues that I would be apprised of or would expect to be involved in as a member of the Executive.

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

Charles Flanagan: I acknowledge that I as a member of Government have duties under the law and under the Constitution and I am satisfied that I have at all times discharged these duties fully in accordance with the law.

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

Charles Flanagan: Of course I do. I am responsible to the public in the same way as every member of the committee and every Member of the House.

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

Charles Flanagan: I am quite satisfied as a member of Government that both my Government colleagues and I acted fully and strictly in accordance with the law.

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

Charles Flanagan: No, having regard to the fact that Government acted entirely in accordance with the law in the manner in which this appointment was considered. The consideration by the Houses of the commission Bill was agreed in the programme for Government and the Bill is going through the House as we speak. I do not wish to pre-empt any debate in the committee or in the House. As Minister, I had the...

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

Charles Flanagan: At the outset the Deputy said he felt I would not comment on the suitability of the candidate. That is not the case. I am going to comment on the suitability of the candidate. As far as I am concerned, the Attorney General was an entirely suitable candidate. I refer the Deputy to section 4 of the Courts (Supplemental Provisions) Act of 1961, as amended by the 1995 Act, which deals with...

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

Charles Flanagan: I would not agree.

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

Charles Flanagan: It was not the old system. It was the current system, and the system that still obtains. My understanding is that there was some public comment on the matter of considerable pressures being brought to bear on the court by way of a number of vacancies not being filled. Although I was not party to any such discussions, I understand that certainly in the public arena a certain anxiety was...

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

Charles Flanagan: I understand there were some developments since last October that pointed to a need to fill some vacancies, and Government acted accordingly to ensure that those vacancies were filled.

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

Charles Flanagan: I know there were a number of retirements.

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

Charles Flanagan: I would point particularly, and going back to the Chairman's point about the particular circumstances, to an event on 23 March when a vacancy arose in the Court of Appeal following the retirement of Mr. Justice Garrett Sheehan. That was the issue around which the subsequent debate took place.

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

Charles Flanagan: That is an issue that was raised by Deputy O'Callaghan earlier. I referred at that stage to there being one such appointment. That is the case.

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

Charles Flanagan: When the Deputy talks about it being, to use her words, unusual, I have to point to section 18 of the 1995 Act to which I made reference earlier. I again refer to the current constitutional prerogative wherein Government makes these decisions in accordance with the law.

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