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

Charles Flanagan: Yes, I did.

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

Charles Flanagan: Amendments Nos. 94 and 95 correspond to Report Stage amendments Nos. 93 and 95 in the Dáil. The latter were part of a series of amendments that the Ceann Comhairle ruled could not be moved in the Lower House for procedural reasons. Section 47, to which these two amendments relate, provides for the recommendation to the Minister of a commission member and for the recusal of such member....

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

Charles Flanagan: If the Senator wishes to separate his amendments from the grouping-----

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

Charles Flanagan: -----I do not have a problem with that.

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

Charles Flanagan: I believe it is but I will have to check where it is covered.

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

Charles Flanagan: I will revert to the Senator on that.These are to reflect the changes that were proposed to incorporate a higher number of judges. Senators will recall that, in the initial drafting of the Bill, it was suggested that there would be a smaller number of judges and that a series of sub-committees would sit from time to time, as appropriate. On reflection, I felt it was desirable that there...

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

Charles Flanagan: The import of the amendments is to deal with the Presidents of the District Court and Circuit Court, a solicitor and a barrister who may be applicants. There is no substitute in respect of the President of the Court of Appeal or President of the High Court. I will look at that for Report Stage if it is deemed either necessary or appropriate.

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

Charles Flanagan: I am anxious at least to have the framework now for the end of Committee Stage when the Bill will be subject to a review and appropriate period of reflection. I ask Senators to look favourably on this amendment and if there is a doubt about the position of the other presidents, I will look at that between now and Report Stage.

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

Charles Flanagan: I will press the amendment. I remind Senators of what I have consistently said over the past number of months. I am minded, with the approval of Senators, to consider a type of special committee regime in respect of senior appointments.

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

Charles Flanagan: I am prepared to reflect on the point raised but I will do so in the context of pressing the current amendment and we can revisit the issue of a perceived omission should that be the case.

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

Charles Flanagan: I move amendment No. 95:In page 32, between lines 4 and 5, to insert the following:“(4) In a case to which subsection (3) applies, and the person to whom that subsection applies is— (a) a person referred to in section 10(1)(d), (e), (h) or (i), or (b) a person who is a member of the Commission by virtue of section 17(5) or (6), whoever of the following is appropriate shall,...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations: Minister for Justice and Equality (10 Apr 2019)

Charles Flanagan: Thank you Chairman and members. I am pleased to be here. I thank the committee for taking this matter this morning. I am joined by officials, Mr. Patrick McCabe and Mr. John Dunphy. The purpose of the motions is to seek the approval of the Oireachtas for Ireland to opt-in to Regulation 2018/1726 which relates to the European Union Agency for the Operational Management of Large-scale IT...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations: Minister for Justice and Equality (10 Apr 2019)

Charles Flanagan: It does involve engagement in police co-operation and there may well be other areas as well where we will engage in co-operation. I acknowledge the point Deputy Daly makes about the data protection issues. It is important that data protection be upheld in respect of any further development of these systems. Members will be aware that SIS II is supervised by the European Data Protection...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations: Minister for Justice and Equality (10 Apr 2019)

Charles Flanagan: Yes.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations: Minister for Justice and Equality (10 Apr 2019)

Charles Flanagan: EURODAC.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations: Minister for Justice and Equality (10 Apr 2019)

Charles Flanagan: And police co-operation.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations: Minister for Justice and Equality (10 Apr 2019)

Charles Flanagan: Yes.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations: Minister for Justice and Equality (10 Apr 2019)

Charles Flanagan: We will deal with that when we come to it. The motions this morning are quite specific and we are not going beyond them. There is no proposal, nor indeed should there be any inference, that Ireland would participate further in any interoperability arrangement. Should the issue arise in the future it will be subject to debate and that debate will involve an approval by the majority...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations: Minister for Justice and Equality (10 Apr 2019)

Charles Flanagan: I wish to make it clear that we are not involved in the decision-making process regarding the exercise of an opt-in to the interoperability police proposal. Ireland has not exercised its opt-in under Protocol No. 21 nor indeed is there a proposal in that regard. Were that to occur, it would be subject to our obligations, which would involve a debate here in the national Parliament.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations: Minister for Justice and Equality (10 Apr 2019)

Charles Flanagan: We were obliged to give consideration to the new recast framework, which differs from the previous arrangement. In terms of ensuring that we assist in police co-operation it is necessary now to engage at this enhanced level.

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