Results 9,881-9,900 of 21,096 for speaker:Charles Flanagan

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I would be very concerned at any departure from the current legal position, as outlined in particular by the Judicial Appointments Advisory Board regime. I know we are making substantial and significant changes to the manner in which judges are appointed, but we are not asking the people to change the Constitution and Articles 35 and 39 of the Constitution are quite clear that the President...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: From that, it would be logical that Government would be minded at some stage to go beyond the recommendations of the commission. What we are doing in the Bill is making a significant reform by ensuring that the names of three applicant candidates come before Government and of those one will be recommended to the President. It has not been the practice of the Government to go outside the...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I do not accept Deputy Daly's contention that there are no constitutional issues here - in fact, there are very much so. The effect of amendment No. 134, in the name of Deputy Wallace, would require the Government to nominate for appointment one of the three persons recommended by the commission process - "require" being the operative word. I repeat that successive Governments down the...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: The advice of the Government is clear. There are constitutional consequences, particularly in the context of amendment No. 134 in the name of Deputy Wallace. If that was included in the Bill, it would direct the Government on the matter of a nomination or a recommendation. That is where there is a constitutional difficulty and issue. I acknowledge the reference to the Constitution by...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: This is not the eleventh hour, as Deputy Daly said. Any suggestion this is being rushed through would be doing the Chair a disservice. We are anxious to ensure there is proper and adequate time for debate and proper and adequate scope to ensure that every section of the Bill is considered fully. My difficulty with this particular amendment is that it is mandatory. Deputy Wallace states in...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I do not know what the Deputy means by "the second worst". It is far too easy to cast aspersions about a process and state that it has served citizens in a way that is less than optimal during the years. I do not accept that; I strongly reject it. I ask the Deputy to give evidence of any situation where there has been what he might describe as undue politicisation.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: Having regard to this legislation, people will agree and accept that we are going through a process of significant reform of the manner in which members of the Judiciary are appointed.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I make the same point that I made on section 41 insofar as acceptance of the section is concerned.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I ask for my disagreement to be noted.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: What we see here is a proposal to add a new instruction to the commission where it is unable to recommend any names to the Government in respect of a vacancy. The position at present where this would arise is that the commission would report to the Minister the names of all eligible people who had applied, though none were recommended by it. The Government would then exercise its...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: Amendment No. 128 strays outside the structure of the Bill. Let us see what we can do between now and Report Stage. I am rather conscious of the need to ensure that the constitutional prerogative of Government is at all times preserved and in no way interfered with in a way that might give rise to some difficulty. I remind the Deputy that I know of no relevant circumstance in recent...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: On the other hand, we have gone through the process. We have seen the commission arrive at a determination whereby, having regard to the number of persons under consideration, it was not prepared to make a recommendation to Government. What would change in the terms of reference in having a second round or another round? What might happen to ensure that on the second occasion after a lapse...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: Vacancies must be filled and appointments must be made. I do not believe they can be left to a circular process of quarterly meetings. I am not sure if I can accept the premise that we have a commission sent into a loop of re-runs in an attempt to fill a vacancy. Parallel to that, we have the important prerogative of the Government to select a candidate for appointment by the President. I...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I wish to have my opposition noted.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I wish to have my opposition noted.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: With reference to the position of the Minister, the Deputy is aware that this was the subject of debate at the pre-legislative scrutiny phase and there was reference to the Minister in the general scheme that is no longer evident. The existing section 46 procedure involves the setting up of an advisory committee consisting of the Attorney General, the chairperson of the commission and the...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: The Minister's position is to convene the meeting. The Minister would not be present at the meeting and would not be exercising any power or authority over the conduct of the meeting. It is rather the calling together of the persons that is envisaged.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I would be very keen to make it work.

Written Answers — Department of Justice and Equality: Garda Youth Diversion Projects (8 Feb 2018)

Charles Flanagan: The statutory framework relating to young offenders and the Garda Diversion Programme is set out in the Children Act 2001. The operation of the Garda Diversion Programme is supported by the nationwide network of Garda Youth Diversion Projects (GYDPs). There are now 105 of these projects in place nationally. GYDPs are community based, multi-agency, crime prevention initiatives which...

Written Answers — Department of Justice and Equality: Immigration Status (8 Feb 2018)

Charles Flanagan: I would refer the Deputy to my response to his Parliamentary Question No. 582 on 11 September 2017. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the situation remains unchanged. The Irish Naturalisation and Immigration Service (INIS) of my Department have received a request for permission to remain in the State by the person concerned....