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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: A number of issues have been raised since I last spoke. The most important point in all of this discussion on the amendments to the section is that the constitutional position of the Government in the appointment of members of the Judiciary is not being changed in any way, nor could it be. It has not been expressed by anybody that a constitutional amendment to change it would be either...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: Nobody-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: Nobody in the Government has made that proposal.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: He is-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: To my knowledge, he has not raised this issue. I return to the very serious point raised by Senator McDowell. Of course, I acknowledge both his experience and expertise in this regard. However, it is not the first time I have heard him raise constitutional issues about Bills and something did not turn out to be the case.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: No, I will not digress. When a quorum was called, I consulted my phone. I do not believe I was in breach of the rules of the House in so doing.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: If Senators will excuse me-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: -----I received this email from somebody in my constituency-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: It states the person watched Senator McDowell on Dáil TV-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: -----make the same point numerous times in the same way. Whether he is correct, why was he allowed by the Chair to keep repeating himself and waste our valuable time and perhaps money? He then asks if things can be proceeded with, please.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: It was from a trusted member of the public.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: In response to Senator Norris' claim that Senators are not interested in this issue, there is, at least, one member of the public who is.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: He is very anxious, as I am, Senator Conway and the now departing Senator O'Mahony, for the debate to proceed.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: The important point to come back to is the one made by Senator McDowell, that the membership of the Attorney General on the commission is important. It has been the source of great controversy. I am pleased that Senators have acknowledged the important role the Attorney General plays in this process. Ultimately, when the Bill if finally enacted and signed, the position of the Attorney...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: I reject the notion that any of the provisions included in the Bill has in any way been drawn other than from legal advice, experience and expertise from within the Office of the Attorney General.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: The Senator's point and that of Senator McDowell is that keeping Government in the dark and the non-disclosure of information to it is in some way an assault on the constitutional framework of the State. Senator Norris makes an interesting observation on the issue of Cabinet confidentiality which should be obvious to each and every one of us. I will not get into the issue of what is and is...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: Because it is taken as a given and is not changing in any way.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: We do not need anything to be inserted in new legislation to itemise that.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: The Attorney General has advised on the constitutionality of this section. The expertise of the appointments board will be drawn on. Issues of Cabinet confidentiality and collective Cabinet responsibility will not be altered, changed or interfered with in any way as a result of this legislation or any part thereof. I want to make a final point, if Senator Norris does not have an issue.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (24 Oct 2018)

Charles Flanagan: I would like to respond briefly to the point raised by Senator McDowell about persons not being shortlisted being aware of their shortlisting-----

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