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Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (18 Oct 2017)

Charles Flanagan: The Deputies have said that the entire cost of the current process is €5,000. I find that very difficult to accept and, in fact, I do not believe that is the case. The cost is considerably more than the sum of €5,000. In any event, this is a completely different structure. It is a completely different body. It is a body that is empowered in a way that the current Judicial...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (18 Oct 2017)

Charles Flanagan: In terms of actual expenditure on or on behalf of the current Judicial Appointments Advisory Board, the money comes from the Courts Service. It is not effectively expenditure that is accountable in the Justice and Equality Vote. I am sure I will be in a position at an early date to provide the Select Committee with a breakdown of costings from the Courts Service. I would be very surprised...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (18 Oct 2017)

Charles Flanagan: The overall purpose of these provisions is to exclude from the definition of "lay person" a person who is currently employed in the service of the State in a role where it was a requirement to have been a practising barrister or solicitor. I am not inclined to accept that there is any need for this refinement of the definition. I am satisfied that the definition is sufficiently wide to...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (18 Oct 2017)

Charles Flanagan: I am sure that Deputy Daly will contribute in any event lest I in some way misinterpret or misconstrue the import of her amendment. Its purpose seems to be to insert into section 2, which deals with definitions, a modification of the definition of "lay person" to allow for nominees to the commission from FLAC and the ICCL to be considered as lay persons. This relates to amendments Nos. 33...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (18 Oct 2017)

Charles Flanagan: That would be amendment No. 69.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (18 Oct 2017)

Charles Flanagan: I am open to further consideration of the issues Deputy Daly has raised on the matter of the categories of members of the commission. In section 15 of the Bill, which deals with the selection categories, there is specific reference in subsection (7) to the categories of people having experience in human rights, equality or issues concerning diversity among members of society; commerce,...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (18 Oct 2017)

Charles Flanagan: Yes. I will respond to Deputy O'Callaghan first. My political views are entirely in accordance with the programme for Government, as a Member of the Government that agreed the programme. This legislation is an important component of the programme for Government. It is challenging to sustain a position that a member of the Judiciary who for one reason or another steps down from that role...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (18 Oct 2017)

Charles Flanagan: This grouping of amendments reflects a desire on the part of members of the committee to remove the commission procedure committee from the machinery of the Bill. The purpose of amendment No. 8 is to delete the definition of the procedures committee in section 2 of the Bill. Several amendments are directly related. Many of these are drafting amendments in the group. I note that section 19...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (18 Oct 2017)

Charles Flanagan: I do but that does not meet the point raised by Deputy O'Callaghan. I am in the hands of the committee.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (18 Oct 2017)

Charles Flanagan: I am in the Chair's hands.

Questions on Promised Legislation (19 Oct 2017)

Charles Flanagan: The Deputy raises two points, one of which relates to the domestic violence Bill. It is currently awaiting resumption at Committee Stage, and any further amendments will be given appropriate consideration. The specific case is the subject matter of two investigations. One is being carried out by the Garda and the other by the independent Garda Síochána Ombudsman Commission. I...

Questions on Promised Legislation (19 Oct 2017)

Charles Flanagan: This is under active consideration on the part of Government. It is one of my priorities and I expect to be in a position to publish legislation before the end of the year. I assure the Deputy that appropriate funding has been, and will be, made available to the office as mentioned.

Questions on Promised Legislation (19 Oct 2017)

Charles Flanagan: The Deputy is right. I hope to be in a position to read the report very soon whereupon I will take appropriate action and will be happy to communicate with the Deputy in a matter of days.

Questions on Promised Legislation (19 Oct 2017)

Charles Flanagan: That issue is under consideration. There are several pressing Garda issues and the ongoing programme of reform. I do not have a date on which that legislation will be published but I will keep the Deputy and the House fully informed in the context of overall Garda issues.

Ceisteanna - Questions - Priority Questions: Garda Commissioner Appointment (19 Oct 2017)

Charles Flanagan: As the Deputy is aware, the Policing Authority, under section 9 of the Garda Síochána Act 2005, as amended, has responsibility for nominating persons for appointment by the Government to the post of Garda Commissioner. This will be the first time that the new legislative process will be utilised and I have consulted the chair of the authority about a process to identify and...

Ceisteanna - Questions - Priority Questions: Garda Commissioner Appointment (19 Oct 2017)

Charles Flanagan: I expect it will take place in the coming weeks. In that regard, let me assure the Deputy the selection of a new Garda Commissioner is a priority for me, as Minister for Justice and Equality, but also for all of my Government colleagues. It is, however, vital, and I invite the Deputy to agree with me, that we ensure the selection process put in place is one that will be capable of...

Ceisteanna - Questions - Priority Questions: Garda Commissioner Appointment (19 Oct 2017)

Charles Flanagan: I have made it clear as regards the process that I would like it to be broadly based. I also made it clear that as far as the Government is concerned we are not ruling in or not ruling out anybody in the course of the selection process for the next Garda Commissioner. The selection of the next Commissioner is a job for the Policing Authority. I am sure the Deputy will agree that what is...

Ceisteanna - Questions - Priority Questions: Penalty Points System Offences (19 Oct 2017)

Charles Flanagan: I am aware that the Garda has put in place processes to deal with the approximately 14,700 cases where people were convicted in circumstances where they should have been initially offered an opportunity to pay a fixed charge before being summoned to court. A courts process is under way to ensure wrongful convictions are set aside, with the first tranche of such cases resulting in the appeals...

Ceisteanna - Questions - Priority Questions: Penalty Points System Offences (19 Oct 2017)

Charles Flanagan: I acknowledge what the Deputy said. If he has any information that might be helpful, he should remain in contact the appropriate authorities. I am not aware of any instances of imprisonment solely as a result of being a conviction following the issuing of a summons where a fixed-charge notice should have been issued instead. In 96% of the 14,700 cases identified, the persons concerned had...

Ceisteanna - Questions - Priority Questions: Penalty Points System Offences (19 Oct 2017)

Charles Flanagan: I am aware of reports in the media of such proceedings having been issued but no specific instance has been brought to my attention. Even if it were, I would be most reluctant to comment on it, particularly if it were before the courts. What I can say is that, in the meantime, while all these appeals are being dealt with, every effort is being made by An Garda to ensure each case is...

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