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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: The purpose of this amendment is to ensure that, as the process of appointing for different judicial offices - in the District Court, the Circuit Court, the High Court, etc. - may differ, the committee charged with advising the commission how the appointment process should run can be empowered to make this so. We will withdraw the amendment but we reserve the right to reintroduce it on...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: The purpose of this amendment is to allow the procedures committee the freedom to determine what constitutes merit and ensure that appointments to the Judiciary are based on merit and not on other criteria. I will withdraw the amendment but I will reserve the right to reintroduce it on Report Stage.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: We are making progress.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: We will withdraw the amendment.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: I move amendment No. 104:In page 36, line 7, after “Commission” to insert “, subject to subsection (4),”. This amendment mirrors a Scottish Act.It ensures that the lay members are not assessing that part of the formal statement which will govern how to consider an applicant on criteria they have no qualifications, experience or capacity to assess. I am...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: I move amendment No. 105:In page 36, between lines 18 and 19, to insert the following:“(4) Lay members of the Commission shall not take part in the modification referred to in subsection (1)(b) insofar as it concerns—(a) a statement made under section 53(1)(b), (b) part of a statement made under section 53(1)(a) which concerns—(i) knowledge of the law, (ii) skills and...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: This amendment would remove the procedures committee as established under the Bill from having the responsibility for monitoring and reviewing the implementation of the Bill and instead vest that responsibility in the full commission. There is no reason that a subcommittee of the commission should have the exclusive power to monitor and review how the legislation is operating. It should be...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: This amendment would remove from the procedures committee the mandatory criterion that diversity among candidates for judicial appointment form part of the review of the implementation of the legislation. I am withdrawing the amendment and reserve the right to reintroduce it on Report Stage.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: This amendment would remove the procedures committee established under the Bill from having the responsibility for commissioning research into qualification requirements for appointment to judicial office and the requirements for selection and recommendation of persons for such appointment and instead would vest that responsibility in the full commission. I am withdrawing the amendment and...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: This amendment would give the Minister, not the commission, the power to decide whether a review of the form set out in section 56(1) of the Bill should take place. Most Bills provide for the Minister to request reviews, and do not allow the bodies established under the Minister's aegis to decide that a review is warranted of their own motion. I am withdrawing the amendment but I reserve...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: In his capacity as Senator.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: We are making progress today, which is a very positive thing. This amendment mirrors the UK legislation and is a practical one. It is something the President of the Court of Appeal has looked for and it would also reduce delays in the courts. Currently, a judge must stop being a judge on the date of retirement, which means that judgments must be delivered by that date. The inevitable...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: A very substantial role.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: He is a passenger.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: I thank the Minister for his response to the last amendment, which was fair and positive, and for being here, as Minister, for the whole debate.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: It was not an easy task. I also thank his officials. It was a good day for democracy, with many ours spent on this, and that is what this process is about. This is what the Taoiseach told us when he visited us. He wanted us to polish up on legislation. Nothing is personal at the end of the day. One thing it shows - I am familiar with the Minister and his work - is that he really is a...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: -----Minister for Justice and Equality. I was certainly in awe of his mastery of his brief in the Department of Justice and Equality, but in particular, of this legislation. I acknowledge that more than 48 judges have been appointed under this administration and all of them are exceptional people and were appointed on merit. Let us not lose sight of that in this debate. We have a very...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2019)

Victor Boyhan: That is progress.

Seanad: Local Government Rates and Other Matters Bill 2018: Motion for Earlier Signature (10 Jul 2019)

Victor Boyhan: I wish the Minister of State well and thank him and his officials who gave us a briefing. I was watching some of the debate earlier and I thought how many more Members would have benefited if they had gone to the briefing. I thank the officials for their very detailed briefing last week. This is more power to local government and that is the message we need to get out. We must communicate...

Seanad: Genetic Testing: Motion (10 Jul 2019)

Victor Boyhan: I second the motion. I will be brief. I thank Senator Norris for using Private Members' time to discuss this important issue. I welcome the Martin family and their children. I also welcome the Minister and note the importance he has afforded this debate by being present. The motion seeks, in the context of the heel-prick test administered to newborn babies, to increase the number of...

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